Newspaper Page Text
Jury Plea ^ins
For Mrs. Kaber
Cottvfcted of Her Husband's
tion for Mercy Saves Her
From the Death Penalty
Women Fill Courtroom
Prisoner Is Carried Before
.Judge and Merely Nods
Wnen Informed of Fate
Special Disvatch- to The Tribun*
CLEVELAND. July 16.?Life im?
prisonment will be the price Eva Cath?
erine ?Kabcr will pay for the murder of
her husband, D::n Kaber, of -which she
was aonvicted by a jury in Judge
Maurice Bernon's court to-day.
The recommendation of mercy by the(
jury Saved Mrs. Kaber from the elec?
As the semi-conscious woman was
carried into court this morning to hear
her fute pronounced the greatest crowd
that has yet appeared in the old court?
house filled the building. As in the
days of the trial, the spectators were
mostly women. Young women, middle
aged matrons, elderly women, office
girjs?-they packed every inch of the
The first disappointment came to the
throng when it was learned that Mrs.
Kaber, after passing a night of torture,
already knew what the verdict was
Dramatic Finale Lacking
There was no dramatic finale to the
trial, which has created the greatest
sensation in the city:s history.
Limp, haggard and' disheveled, Mrs.
Kaber lay in the arms of the two
deputy sheriffs who carried her up
from 3ier cell in the county jail. Her
eyes were closed and she scarcely
seemed to breathe.
The jurors filed silently to tbe?
chairs in the jury box.
"Gentlemen of the jury, have you
agreed upon a verdict?" Judge Bernon
"We have," replied Byron T. Vat
Tassel, the foreman, arising and hand?
ing a slip of paper to Bailiff Petei
"We, the jury in this case, being
duly impaneled and sworn, do find th<
defendant guilty of murder in the firsl
degree, as charged in the indictment
and we do recommend the defendant tc
mercy," Judge Bernon read.
"Mrs. Kaber. the jiiry has returned i
verdict of guilty against you. Can yoi
heer what I say?" asked Judge Ber?
There was no audible response. In?
stead, the woman's head was nodde<
slowly several times, indicating sh?
There was a deep drawn sigh fron
the women in the courtroom. It wa
a sigh of disappointment. Mrs. Kabe
made no demonstration. There wer
Sentenced to Women's Prison
"I hereby sentence you to life im
prisonment in the women's penitentiar
at Marysville," Judge Bernon sai<
Turning to the jury, Judge Berno
"Gentlemen of the jury, I want t
thank you for your verdict. I am satis
fied that your verdict reflects the care
ful cosideration you have given thi
Only three ballots had been take
before the verdict was arrived at. O
the ?rst ballot the jurors stood nin
for conviction, with a recommendatio
for mercy, against three for the deat
penalty. It was to avoid the death per
alty that the defense opposed the pre
ence of women on the jury.
The jurors began considering the ca;
Friday night, taking up their deliber
tions- shortly after 7 o'clock. They d
liberated until 10 o'clock, and wh<
the judge learned there was no ind
cation1 of agreement he ordered the
locked up for the night.
Francis W. Poulson, who has act!
aa personal counsel for Mrs. Kaber, a
pearsd at the courthouse early ai
learned that the verdict was going
be life imprisonment. He went to Mi
Smiles at Verdict
"1 have Borne good news," he told |
her, but Mr?. Kaber gave no indication :
that she heard. i
"The jury has seen fit to rsv; your ,
life. It will recommend mercy," Pou!- !
son ?aid. There was a flicker of the
eyelids and for the first timo Mrs. Ka
ber opened her eyes.
"Are you glad ?" he asked.
There was no answer, but about the
corners of her mouth there was a trace
of R smile.
Marian McArdle. Mr?. Kaber's nine?
teen-year-old daughter, who also is un
der indictment for the murder and who
snares the cell with her mother, wa?
ttk in hysterics.
HV "Oh, mother," she cried, "oh, mother,
We J am so glad it's not death."
iF The girl shrew herself on the cot
I and caressed her mother.
She passed the night waiting for the
verdict which meant life or death. Mrs.
Kaber remained in a stupor. She oil
not talk. Neither she nor her daughter
Prosecutor Stanton announced that,
although Mrs. Kaber had been spared
the death penalty, he would ask the
full penalty of the law when Marian
McArdle, Mrs. J. A^ Brickel, Mrs.
Kaber's mother; Mrs. Emma Colavito
and Sam Cala are tried on the same
Marian, Mrs. Colavito, Mrs. Brickel
ap.d Cala ara in jail without bail await?
ing trial. Prosecutor Stanton said
they would be tried in the fall term of
Mrs. Kaber will be taken to the
women's penitentiary at Marysville
this week as soon as her physical con?
dition warrants the trip.
World's Great Statesmen
To Lecture on Politics
WILLIAMSTOWN, Mass., July 16. -
Among the lecturers at the new Insti?
tute of Politics, which open? its ses?
sions at Williams College July ST, will
be Maurice Casenave, French High
Commissioner to the United States;
Viscount Bryce of Great Britein; To?
masse Tittoni, President of the Italian
Senate, and Count Teleki, former Pre?
mier of Hungary.
The sessions of the institute will
continue for one month and will be
devoted to a study of international af
f?rs. M. Casenave and Major J. A, M.
Da Sanchez, one of his associates on
the commssion and an expert econo?
mist, will participate in the round
table on "Reparations," sitting twice
a week throughout August, under the
chairmanship of Norman H. Davis,
former Under Secretary of State.
In addition to representatives of the
armyt navy, financial world, the bar,
journalism and the Church, the major?
ity of the unusual "school" will be
professors, assistant professors and in-!
?tractors from thirty - five colleges ?
and universities, headed.by President1
?l?arl?s F, Thwing, o? Westejw Reserve.
Mrs. Kaber Given Life Sentence
Slayer of husband escapes death penalty.
To Eynch Slayer
At Harlem Feast
Police Rescue Fruit Dealer
From Mob of 1,500
After Quarrel Which
Results in Killing
The Feast of Our Lady of Carmel in
Harlem's Little Italy was interrupted
last night by the shooting of Carmine
Pechio at 115th Street and First Ave-'
nue. A crowd of 1,500 persons chased
the man believed to have shot him, and
it was only by threatening to use their
revolvers that the police of the East
104th Street station were able to avert
The only way the police could get
their prisoner to the police station was
to shove him into the ambulance be?
side the dead man. When they got him
there they charged him with ^homicide.
He described himself as Albert Fioretti,
twenty-two years old, a fruit dealer, of
2241 First Avenue.
According to what Fioretti is said
to have told the police, he was selling
lemonade at the feast, which was be?
ing celebrated in the open. The street
was decorated with flags and wreaths
and lighted with candles and electric
lights. Pechio and some others came
to his booth, he said, and Pechio stepped
on his feet. He was in front of the
booth at the time. His feet were tired,
he said, and he drew Pechio's attention
to the fact that he was stepping on
Words followed and, according to
Fioretti, Pechio drew a knife and made
for him. He ran, he said, to his cellar
and stayed there a while. When he
came up there was Pechio still with
his knife waiting for him.
Fioretti' said ha warned Pechio to
go away and leave him alone. But no.
So when Pechio struck at him he drew
a revolver and shot Pechio. Then ho
threw the revolver into the crowd and
The uproar was immediate. Patrol?
man Purroy, of the East Eighty-eighth
Street station, called an ambulance.
Detective Sergeant William Quaine and
Detective William Dougherty, of the
East 104th Street police station, found
Fioretti in the cellar under his lemon?
Bride, in Court,
(Continuad (rom p?a? ?na)
upon their arrival at his homo in Marl?
boro sho answered:
"He said he waB the master. He
?<nid that the cow had refused to obey
him at first, but finally found it was
bent to do what he said. He told me
that I, too, would bo like the cow."
"How often did he strike you?" she
"He struck me two times."
"Hid he hurt you?"
"Yes; he threw me to the floor."
"Did he pay he wanted you only as
a companion ?" ?
"Yes; ho told me I must nccompnny
him and help him with his work. He
said he did not caro for me other than
as a companion."
She flashed an indignant look in the
direction of her husband. His head
was buried in his hand and his eyes
were on the floor.
"Did you know that your husband
held socialistic views?"
. "He told me he was afraid my
parents would not let me marry him if
they knew his radical views."
"Did vou know he had ever been ar?
"Not until after I had this trouble
I with him. Thon, my attorney told me
I that he was arrested twice?once for
desecrating thp American flag and once
for disturbing a religious meeting."
"In other words, you thought before
you married him that he was a good,
clean American man and you found him
full of socialism and all these other
'isms,'" interposed Justice Morschau
j ser. "If this is all the proof you have
j I must take it into careful considera?
tion. I don't want to grant this an?
nulment unless there is adequate
ground for it. Strike from the rec?
ords all acts of cruelty, for they have
no place here. This is an annulment
action. If fraud has been committed
she has ground for relief."
Mrs. White walked out of the court?
room with a long swinging stride and
tilted chin. She was accompanied by
two women friends and her attorney.
She swept past her husband just as
Justice Morschauser asked him if he
wanted to take the stand in his own
In a brief statement he said that he
did his be3t to make the marriage a'
success, but that he did not care to go
into details in the matter.
"Did you let your wife know about
your views?" the justice inquired.
"I did not go into them with her be?
cause she did not show the least inter?
est in my beliefs or inclinations."
White then explained that he did not
engage an attorney because he had no
intention of contesting the suit, and
was quite willing that his wife should
bo granted annulment of the marriage.
"Well, you know, you may still have
your wife when you are through," said
White threw up his hands and
lr.ughed at this. He was quite at ease
throughout the proceedings and was
ready to give his wife the best of it
i'i discussion. He presented a bronzed
and rugged appearance when he came
to court, wearing a loose fitting gray
sack suit and a Panama hat rakishly
pinned up at one side.
"I did try every possible way to make
the marriage a permanency," said
White in a statement to reporters. "I
have a high regard for marriage. I
don't know but that I am almost a
Roman Catholic in my view of the
sacredness of the ceremony and I en?
tered into this alliance with a great
deal of seriousness.
"When my affairs became public
property, however, I saw that & re
Fifth Avenuej 37th and 38th Streets
At Exactly Half Yesterday's
The Season's Most Desirable Models
In Black, Navy Blue and. All
The Smartest Colors
All taken from our regular stock and the half prices ?
do hot represent half of the r?gulai* price but half of ?
yesterday's reduced prices.
18 Original Paris Model Gowns.
12 Richly Beaded Evening Gowns,
32 Evening Gowns of Chiffon or Georgette.
53 Gowns of Canton Silk Cr?pe.
24 Foulard Silk Gowns,
36 Highest Class Silk Gowns.
92 Gowns of Crepe de Chine or Cr?pe Meteor.
35 Pastel Tinted S|Ik Lace Gowns.
27 Black or Brown Lace Gowns.
46 High Class Bl^ck or Navy Blue Silk Gowns.
28 Poiret Twill, Tricotine or Serge Gowns.
NO EXCHANGES NO CREDITS
WOMEN'S GOWN SHOP- Third Floor
sumption of the marring? relation,
oven If my wife were willing to como
back, would be out of the question. As
a matter of fuel, the wnole troublo is
duo to a case of hysterical homesick
no8. on the tmrt of my wife. Home?
sickness, you know, is no longer regard?
ed as a trifling thing by tho medical
fraternity. There are casos where
people have been grievously sick and, I
suspect, have even died of homeslck
"Tho French temperament, particu?
larly the feminine temperament, seems
to do peculiarly susceptible to this
disease. It does"not take kindly to the
idea of emigration. I am frank to say
that the emigration to which 1 invited
my wife was not of the smoothest kind.
I am a man of pronounced views and
not> a man of wealth. Perhaps the two
go together. My home on Marlborl?
Mountain is not palatial. Those who
love the jden of comfort.in life would
not take kindly to such a place.
"It was just one of these hysterical
outbreaks of homesickness that sent
my wife away. I positively deny that
I over treated her roughly. The day
before she left she said she was not
worthy of all tho tenderness being lav
?shed on her. My wife ought not to
be accused of falsifying or of being
bad or of bearing ill will toward me.
Her statements have hurt me, of course,
but she was not in ? normal state of
mind when she made them. ? She was
nervously incompetent. I urn emphatic
about this, became I have friends who
feel rather wickedly toward her.
"I did not contest this cate because
my neighbors and the newspapers
spread accounts of my private life
across the entire continent and ?ven
abroad. Marriage thrives in the shado
and not in the limelight. My private
affairs and my marriage seem to have
interested thousands, even millions, of
persons. So that even if she should
have a change of heart, which is un?
thinkable, I do not believe a resump?
tion of the marriage relation would be
i possible^ With millions of eyes on
your tea table and on your back porch,
the smallest thing that could happen
would be blazoned across the country
and you can readily understand how
much chance a marriage would have of
being successful under those circum?
"My wife has left my bed and board
and if alie is not granted an annul?
ment, I shall apply for a separation.
I cannot tell wnat is around the cor
I ner. My plans are unsettled, but in so
far as 1 know, I ?shall remain at Marl?
boro in the meantime."
Mrs. White was elated when she left
court. Like a child she laughed mer?
rily and remarked ingenuously:
"You noticed that ? did not ?peak to
him when I entered? I saw him and
he saw me, but he did not once look
my way. When we first met I loved
him very much. He had the grand man?
ner and was so polite. But now ft is
finished and I am glad,
"Soon I shall return to France. They
have been so kind to me, these people
of America. But it has bad memories
for mo and I want to go back to my
family. They keep writing me and ask?
ing me to come home. They know
about the horrible things that have
happened. I speak English not so bad,
"My parents would never have al?
lowed me V? marry him had they
known what he was, He told me he
had a big house and that he would have
servants to do the work. I believed
he'was rich like other Americans. He
told me of his work, that he wrote for
magazines, but never that he had com?
mitted the crime.
"As Boon as we arrived in Marlboro
I knew I could not stand it. I am not
one to be ordered to do this and that.
You would not like it yourself, would
you? I shall not ever marry again.
Not even a Frenchman. I want to live
for myself. Husbands are not nice.
; They may be cruel and the wife she
' can do nothing but suffer."
? Hawker's Death Charged
; To Tuberculosis of Spine
LONDON, July i? ?By The As8o.
ciated Press).?Harry G. Hawker, the"
famous aviator who was killed
Tuesday last, prohably suffered a ni.
den stroke of paralysis due to spinal
disease, which caured him to loge con
trol of the machine in which he w?
; flying and crash to the earth, accord
ing to testimony introduced at the in
quest over the body to-day. That
i Hawker did lose control of his ??
! chine was established, and testimonC
wes given concerning his physical"con
dition which came ** a surprise in
I view of the fact that he -was enter.,i
in the 200 mile aerial derby arounj
; London to-day. u
A physician said Hawker had tuber
I culosis of the spine and that thf dis'
ease had progressed so far that a'verJ
slight movement or strain would h?
! sufficient to cnu<?e a runture Th?
physician said he thought Hawker w?!
seized with paralysis. The aviator
had been advised to go to bed eighteen
months ago, he asserted, but had per
sisted in flying. Few of Hawker's
friends knew the smiling aviator had ?
<iA Store of Individual Shops
Fifth Avenue, 37th and 38th Streets
F?r zMadame and ^Mademoiselle
New Sports Clothes
Fashions ^Advance With The Outdoor Season
Prices Recede With The Turning Tide. . .
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