The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-11
YlKcHrEns CONVICTION UPHELD.
Appellate Divisions Action in the Famous
Violin Gaze.


The conviction Of Victor g. F1echter. q we'll
known dealer in musical instruments, Tor re-
ceiving q violin owned by Prof Jean Joseph
Bott which he knew to be stolen. has been al
1rmed by the Appellate Division OF the SUI
preme Court. Flechter was convicted In the
spring OF 1890 and was sentenced to one years
i'm prlsonmest In the penitcntlary and to pay a
fns. hut he obtained a stay pending appeal.
A dissenting opinion was handed down by
Justice Barrett with Justice Van Brunt con-
curing.
The evidence 10 reviewed at length by JUS
tice Patterson. The violin. which was made
by stradivarius In 1921. was given to Flechter
to sell by Prot. Bot early In 1894. Arrange
ments wsre made for its sale to SiRnor
Nicollnl for $4,000 but the sale fell through
owing to u difference as to tho time VI the
payments Prot Bot took the violin and
placed II In bureau drawer at his home. 800
West Thirty -nrst street It was stolen from
there on March 81. 1894. A reward OF $500
was offered for It's recovery Mrs. Bot told
Flechtsr OF the loss Immediately inter the
theft and he promised to assist In its recovery.
Prof. Bott subsequently died and Mrs Bott
sent letter to flechter on May u. 1895 ac-
ausintlng him with The death Of her husband
and saying that she had moved to Hoboken
and would shortly sail Tor Germany letter
& TIC ~s sSa,h ~schss -" D sy
ysriss violin ioT sale. Tbo letter Sai:
Es2I r.ni TO- b: IN answer to one asking
Mrs. Bott entered into a scheme TO
have Flechter bring the alleged Strad-
Ntrius violin to n house in Gramercy Park.
whore abe carefully exam med IL and pro-
nnounced 1t the violin stolen from her husband.
ilechter was arrested as he was leaving the
mouse In the police court he was discharged
the house was not the violin belonging to
Bot. and the instrument was returned TO him.
An Indictment was then found against him Tor
steallnr the violin and for receiving the stolen
Is General Sessions II was decided to try
Fletcher for receiving the violin knowing IL
Fletht.r produced q violin in General Sessions
which he said was tho instrument he had when
arrested amt which was not the one owned BY
hBott; tn: prosecution admitted that tho VIC
tended that he had tho lIott instrument when
arrested aud nrtaien.d IN the police court.
rh. evidence va, Goniis!ing but ine nrns,
the conviction. The opinion OF the Dissenting
Judges 10 to the effect that several pieces, OF
evidence I were imprEp.rly admitted They be-
\ When the news Of the decision reached tho
West Thirtieth street police station. Bob"
Nelson, the professional bon1smnn. was noti-
and rs he said he wished to- surrender the
hond. Detective Curry went to Flechters honSs
at 100 West slIty-ntth street and arrested him.
Austen Il. Fox. Flechtsrs counsel. called to
see him at the station. He said that Ne son
had been hssty In surrsnIsring the bond. as
flschtsr had no inten ion Of leaving the city and
Court OF Appeals. He added that a new bonds
man would De secured to-day u Nelson was
unwilling to act further in that capacity.
night TO -. FIechter and express their sym
PATTY Tor him.