the widow had some rights in the case had preyed on his mind recently…. ‘She’s no widow,’ he commented on that incident this morning. ‘She is a murderer and should have no rights….’
“Auster will not be arraigned immediately in order to make a thorough investigation of the case. The police admit that the death of his brother and subsequent events may have so preyed on his mind that he was not entirely responsible for his deed. Auster expressed several times a hope that he should die too and every precaution is being taken to prevent him from taking his own life….”
The next day’s paper had this to add: “Auster spent a rather troublesome night in the city lockup. Several times the officers found him sobbing in the cell and he appeared to be hysterical ….
“It was admitted that Mrs. Auster had suffered from a ‘bad case of nerves’ as a result of the fright which had attended the attack on her life on Friday, but it was declared that she wouldbe able to be in court when the case against her is called for trial on Monday evening.”
After three days the state rested its case. Contending that the murder had been premeditated, the district attorney relied heavily on the testimony of a certain Mrs. Mathews, an employee at the Miller Grocery Store, who contended that “Mrs. Auster came to the store three times on the day of the shooting to use the telephone. On one of those occasions, the witness said, Mrs. Auster called up her husband and asked him to come to the house and fix a light. She said that Auster had promised to come at six o’clock.”
But even if she invited him to the house, it does not mean that she intended to kill him once he was there.
It makes no difference anyway. Whatever the facts might have been, the defense attorney shrewdly turned everything to his own advantage. His strategy was to offer overwhelming evidence on two fronts: on the one hand, to prove infidelity on the part of my grandfather, and on the other, to demonstrate a history of mental instability on the part of my grandmother—the two of them combining to produce a case of justifiable homicide or homicide “by reason of insanity.” Either one would do.
Attorney Baker’s opening remarks were calculated to draw every possible ounce of sympathy from the jury. “He told how Mrs. Auster had toiled with her husband to build up the home and happiness which once was theirs in Kenosha after they had passed through years of hardships…. ‘Then after they had labored together to build up this home,’ continued Attorney Baker, ‘there came this siren from the city and Anna Auster was cast aside like a rag. Instead of supplying food for his family, her husband kept Fanny Koplan in a flat in Chicago. The money which she had helped to accumulate was being lavished on a more beautiful woman and after such abuse is there any wonder that her mind was shattered and that for the moment she lost control of her senses.’”
The first witness for the defense was Mrs. Elizabeth Grossman, my grandmother’s only sister, who lived on a farm near Brunswick, New Jersey. “She made a splendid witness. She toldin a simple manner the whole story of the life of Mrs. Auster; of her birth in Austria; of the death of her mother when Mrs. Auster was but six years of age; of the trip with her sister to this country eight years later; of long hours served as a maker of hats and bonnets in New York millinery shops; of how by this work the immigrant girl accumulated a few hundred dollars. She told of the marriage of the woman to Auster just after she reached her twenty-third birthday and of their business ventures; of their failure in a little candy store and their long trip to Lawrence, Kas., where they attempted to start over and where——, the first child was born; of the return to New York and the second failure in business which ended in bankruptcy and the flight of Auster into Canada. She told of Mrs. Auster following Auster to