Albuquerque morning journal., 1921-07-07
JURY IN KABER
CASE COMPOSED
OF TWELVE MEN
Every Woman Tentatively
Seated in Box Is Dis
missed PeremptoriIy BY
Defense Counsel.
lnr rhs As.oclnted prtss.l

Cleveland, July 6.-TWelVe men
will decide whether Mrs. Eva Cath
crime Kaber is guilty Of first 9e-
gree murder in connection WIN
the fatal stabbing of her husband
Daniel E. Kaber
Every woman tentatively seated
in the jury box was dismissed
emptorily by Mrs. Kaber's cou
thus making good the declar y -
Of Francis Poulson, Mrs. X sySS
personal counsel, that no ISS
would be permitted to sit iTSS =
ment against her If he coU 9 4 Up
it, because he consider s s IN
"heartless' in judging one 2 lelr
own sex. w
In his opening staten the
Jury, Attorney Corriga' s the
defense, admitted tha' ny OF
the states contentious true,
but that defense testi wouia
show that Mrs. Kaber hao not In
tended to murder her husband and
that her actions were the result or
la 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 Mr.. Kaber's
acts wore down her mental ca
pacity, and warned the jury to be
prepared to listen to some horrt-
BILE things that would come out in
the testimony"
States Case Outlined.
Assistant County Prosecutor Cas-
sidy, in outlining the states case,
asserted that testimony will show
that Mr.. Kaber first attempted to
kill her husband by poisoning and
failing in this, hired assassins to
kill him. The motive, he asserted,
was to obtain possession of Mr..
Kaber's estate for herself and
daughter, Miss Marion McArdle.
who also is indicted for first de-
gree murder. for her alleged par
ticipation in the plot.
Mr.. Cassidy asserted that Mrs,
Kaber had gone to two women
almost a year before the murder
and asked them to do something
that would bring about Kaber's
death, but that both had advised
her to obtain legal separation
To this suggestion Mrs, Kaber was
alleged to have asserted that d.
vorce would not give proper dis
tribution OF the property.
Exploratory Operation.
1t was the. latter part of March,
1919, that Mr.. Kaber, previously
said to have been in good health,
hnpo xtA1nnfI,Y =, y.at tro tv1
his stomach, An exploratory oper-
alton, Mr.. Cassidy asserted, re-
vealed no trace OF cancer or other
affliction. Kaber. he stated, vast
ed away to 80 pounds During Mr.
Kaber's Illness, Mr.. Cassidy alleged,
Mrs. Kaber always brought him
highly seasoned food.
Mr.. Cassidy then detailed how
Mrs. Kaber was alleged to have
made the acquaintance of Mrs.
Erminia Colavito, who, in turn. in
troduced her to Salvador Gala and
Vittorio Pisselli. the alleged assas-
sins, both under Indictment,
though Pisselli is still unappre-
hended.
They, according to the prose-
CutOF, llHdily aRreeQ 10 XIII ME-.
Kaber for $4,000, Mrs. Kaber
promising to pay them from the
proceeds of Mr.. Kaber's insurance
policy, which called for double In
demnity in case of violent death.
Mrs. Kaber later collected $500
on the insurance policy. $500 of
which finally found its way to Gala
and Pisselli, according to the state
Played Piano to Drown Noise.
How Marion McArdle was alleged
to have played the piano two nights
before the murder to drown the
noise of the s4ssassins as they went
through the house to get the "lay
of the land" also was detailed by
Mr.. Cassidy. who asserted also that
Mrs. Mary Brickel, mother Of Mrs.
Kaber was to be on the porch the
next night as a signal to the as
sassins that everything was all
right, Mrs Brickel was not on the
porch at the appointed time. how
ever, according to Mr.. Cassidy, and
the assassins left without attempt
ing 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 be-
CONTINUED on Page Two)