Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1901-12-28

Salem Mass. Dec. 2G.-IIorncr. l..
Van Dcnberg, II lawyer who has been
IN Buffalo ana New York politics, was
arrested in New York yesterday upon II
CapiaS issued 10y he Essen county Sr
perior criminal court, having been con
vctcd here last June for perjury. When
he was called for sentence he was de-
faulted and the arrest yesterday was
upon Il capinS issued at thai time. The
history of the case, which created great
interest here at the time, is as follow ::
In 1897 Edward-C. hawkes. ana wife
of Buffalo, who owned II large a'iount
Of shore property II West GluuceSlcr
Mass, borrowed SG,NO from Mrs. j, SSic
Van bcnbrrg of Buffalo. wife of Frank
Van Drnbrr@. and SiSlrr-inInw of
Horace, mortgaging certain of lhS prop
Crty to secure their note of S'aOO for
one year. At the end of the y, ar nuil-
ing had been paid on the note. either
principal or interest. bllt according To
Hawkes. testimony Mrs. Van Drnhrrg
stated that she was in no hurry for her
money.
In November. lS9S, Horace .an Don
berg came to this state It'll II powered
attorney from his SiStrr-in-law 10 sell
the estate i'm Gloucester. He went TO
that city. engaged an auriionccr and
had he place advertised for sale under
the foreclosure claus" in the mortgage.
Nov. II he sent Auctioncrr Heel to the
MI tn call 'Ihn ti,lpnt.n - ln
trial showed that the only bidders were
Horace Van Drnberg and Edward &.
Hawkes.. the latter nccnp, ing the prem
iSrs. Every time Van ncnbcrg made Il
bid Hawkes. would 90 81 better nnl
protested against the sale at every bid.
The place was finally sold to Hawkes.
for SlOO1.
Hawkes. and Auctionccr Hazel tcSti-
fled in court that this ended the sale.
hut Van Dcnbcrg claimed that Hawkes.
could not pay the money down aS re-
Quircd and so The place was put up for
sale again, and Van Dcnhcrg bought it.
for 5000. subsequently. Van Dcnb '""
made ont Il deed of the estate from him
self. as attorney for his SiStrr-in-law. to
himself individually. and made IN all
llnvit to ( his effect in which he stated hat
this bid of $500 WAS the highest one re-
ccivcd. swearing to this affidavit before
Lawyer Jackson in Salem. Upon this
affidavit the perjury charge was based.
Van b"nh"rE claimed that the oriYi-
nal deed of the sale WAS fled with the
clerk of courts of Erie county at Ruf-
fnlo. but the deputy clerk of that court
came to Salem and testified that no
such paper had been flied there. After
n long and closely contested fight Van
Dcnhrrg WAS foInd guilty. but before
his Scntcncr he bad disappeared.
During his S'inony lie clain.",, bat
in 1880 he. WAS II member of the New
York board of health and remained in
office until Mayor Strong WAS inauGll-
rated. He said he had been II member Of
the bar less than year when this af-
fair took place. and was not Slili, icntly
familiar with the law to know that he
had done anything wrong.
During the course of his trial in S'a-
lem his hail was raised. and being I'm.
able to meet the DEMANDS Of iha court
he stayed in Jail for some time. Will"
most of he transactions il this ease took
place in Gloucester. the technical of
Tense of swearing To II false affidavit
was committed in Salem,