The Birmingham age-herald., 1921-07-07
Defense Attorney Declares Many of States Conten- tions Are True, But Mrs. Kaber's Actions Result of Mind Diseased From Child hood
By Associated Press

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 Cleveland. July 6.-Twelve men will decide whether Mrs. Eva Catherine Kaber is guilty of first degree mur- der in connection with the fatal stab ping of her husband, Daniel F. Kaber. in their Lakewood home two years ago by alleged hired assassins. Ev- cry woman tentatively seated on the jury was dismissed peremptorily by Mrs. Kaber'ss counsel, thus making good the declaration of Francis w.. Poulson of Mrs. Kaber's counsel that no women would be permitted to sit in Judgment against her, if he could help it, because they are "heartless" In judging one of their own sex.
 In his opening statement to the jury, Attorney William J. Corrigan for the defense asserted that many of the states contentious were true, but that defense testimony would show that Mrs. kaber had not intended to mur- der her husband and that her actions were the result of a mind diseased from childhood and even before birth and worn down by Horrible things that will reflect no credit on the dead. man." He asserted that Mir. Kabers acts wore down her mental character and warned the jury to be prepared t, listen to some horrible things that would come out in the testimony"
 Poison Attempt Charged
 Assistant County Prosecutor J. T. Cassidy outlining the states case, asserted that testimony will show that Mrs. Kaber first attempted to kill her husband by poisoning and falling in this manner, hired assas- sins to kill him.
 The motive, he asserted, was to ob- tain possession of her fathers estate for herself and daughter, Marion Me- Ardle, who also is indicted for first degree murder for her alleged partici- patton in the plot to kill Mir. Kaber
 MT. Cassidy asserted that Mrs Kaber had gone to two women al- most year before the murder and asked them to do something that WOulu DTlHB dDOut ms Qedtn, put that. both had advised her to obtain legal separation. To this suggestion Mrs. Kaber was alleged to have as- proper distribution of the property
 Became Violently III
 It was the latter part of March, 1919, tat MT. Kaber previously said to have been in good health, became violently i'll with pains in his stom- aeh. An exploratory operation, MT. Cassidy asserted, revealed no trace of cancer or other affliction, but Mir Kaber wasted away to 90 pounds from 125 pounds, During MT. Kaber's illness Mir. Cassidy alleged that Mrs. Kaber always brought him highly seasoned food.
 Mir Cassidy then detailed how Mrs, Kaber was alleged to have made the acquaintance of Mrs. Erminia Cola vito, who in turn introduced her to Salvatore Gala and Vittoria Pisselli, the alleged assassins. both under in dictment. but Pisselli still unappre- hended. They, according to Mir. Gas. sidy, finally agreed to kill MT. Kaber for s5.000 Mrs. Kaber promising to pay them from the proceeds of Mir Kaber's insurance policy, which called for double indemnity in case of vio- tent death. Mrs. Kaber later col lected $6,S00 on the insurance policy, $500 of which finally found it's way to Gala and Pisselli,. according to Mr. Cassidy
 Conspiracy Charged.
 How Marion McArdle was alleged to have played the piano two nights before the murder to drown the noise of the assassins as they went through the house to get the lay of things, also was detailed to MT. Cassidy who also asserted that Mrs. Mary Briknel mother of Mrs. Kaber, was to be on the porch the next night>as a signal to the assassins that everything was all right. Mrs. Briclxel was not on the porch at the appointed time. how ever, according to Mir. Cassidy and the assassins left without attempting to execute the plot. Marion McArdle was alleged the next day to have hunted up Gala and Pisselli and told them that the deed must be done that night. That night MT. Kaber was stabbed "A times and died the next day from the result of his wounds.
 To substantiate tfie claim that Mrs. Kaber first attempted to poison her husband, Dr. c. F. Hoover testified that he had attended MT. Kaber dur ing his illness and found him to be suffering from perepheral neuritas, which, he said, could have been caused by arsenic of lead poisoning. Moses Kaber. father of the murdered man. was the first witness called by the state. He testified that Daniel F. Kaber was dead. The defense did not cross-examine him. Moses Kaber probably will be called again by the defense to give detailed testimony.
 The jury was taken this afternoon to view the scene of the murder In Lakewood. Members are guarded continuously by deputy sheriffs and locked up at a hotel at night.
 TRAIN FAILED no SHOW UP
 Gadsden, July 6.-(Special )--Early on the morning of the Fourth 5n