The Birmingham age-herald., 1907-11-09
''DRUCE" MYSTERY CASE ON TRIAL People Fight for Places In the
 Courtroom
CASE OF MIXED IDENTITY
Duke of Portland, One of EneIand's Wealthiest NobIes, Is Involved In the Suit, and American
 Witnesses Testify.

London. November s-Hundreds of peo- pie vainly fought for admittance to the | Marylebone police court today when the hearing of the famous Druce mystery case was resumed. Herbert Druce, son of the late Thomas Charles Druce is charged with perjury by his nephew, George Ho- | lamby Druce, who alleges that the de- fendant on March 2S, 1898, at the Beeches | circus road, St. Johns wood, did com init willful and corrupt perjury in an affi- davit, and that he also did so in the pro- bate court on December and 4, 1901. The charge is incidental to the Druce claim to the estates of the Duke of Portland, which dates back to 1893. At every step the case has been vigorously contested by the present Duke of Portland This remarkable case centers about the old question whether Thomas Charles Druce, at one time the owner of the famous street bazaar, who was supposed to have died 43 years ago, was or was not the same person at the eccentric fifth Duke of Portland, who died in 1879 In spite of the fact that only ticket holders were admitted today to the dingy court room of the Marylebone police court it was much overcrowded. Interest In the proceedings today was heightened by the alleged theft since the previous session Of the diary of Miss Robinson, the daughter of southern tobacco planter who was employed as amanuensis in the Baker street bazar and who says she frequently went to Welbeck Abbey. the Portland seat, where she saw the late T. c. Druce, father of the late George Druce, who in turn was the father of George Hollamby Druce, the claimant to the estates of the Duke of Portland claimed to be able to establish Many titled persons occupied seats on the benches beside the magistrate
 Eminent Counsel Employed.
 Eminent counsel have been engaged on both sides and the Duke of Portland and Lord Howard DeWalden, the occupant of the estate, who are so intimately con- cerned in the outcome, are legally repre- scented.
 The proceedings opened with a tilt be- tween Horace Avery, K. C., counsel for the defense, and Latherly Jones, K G. counsel Tor the prosecutor. Mr. Avery warmly repudiated a suggestion con- tained in letter of complanant's counse, to the effect that the defendants were In some way connected with the theft of the diary which Miss Robinson averred was stolen from her In the street Counsel for the plaintiff eventually ex- | pressed regret that the letter had been written.
 Robert Caldwell of Richmond, Staten Island, New York, testified that he knew the late Duke of Portland. both as the duke and as T. c. Druce, at welback Abbey and at the Baker street bazaar MT Caldwell added that he treated the duke at both places for a disease of the nose.
 caldwell's Testimony.
 There was a buzz of excitement when MT. Caldwell swore that In conjunction with the duke he arranged the mock death of 'Druce' so that his dual per sonalty could finally be buried.
 MT. Caldwell further declared that at the dukes request he employed car penter to make coffin and bought 200 pounds of lead to put in the coffin him self The funeral occurred the following day. The witness, Mir. Caldwell, further testified that he saw the duke on the morning of the funeral at the Baker street bazar. When shown two photo graphs MT. Caldwell declared that they were photographs of the Duke of Port land in the character of T. C. Druce.
 pruce's Will.
 A day or two later he asked the Duke of Portland if the so-called "Druce" had left a will The duke thanked MT. Caldwell for reminding him of such an important point and said he must have one made Caldwell then gave detailed account of his introduction to the Duke of Portland in 1864 by the famous phy- sician, Sir Morrell Mackenzie. who died in London early in 1892. Caldwell re- ferred to his intimacy with the duke. to his numerous visits to the duke, both at Welbeck Abbey and the Baker street bazaar, and to his cure of the dukes | nasal trouble, for which Caldwell said he received $25,000. Caldwell also testi- fled that he received presents from the duke aggregating about s5o,O0o, besides the fee of s26, ,0O0
 He went to America in 1877, saw the Druce case mentioned in the New York papers in February of that year and communicated with Druce's lawyer.
 Cross-examined by MT. Avery Cald- well admitted he had been described as the Great American affidavit maker"
 A. T. Stewart Case.
 MT. Avery questioned Caldwell closely on the subject of his alleged offer to sell a New York newspaper story about a forged will and the robbery of the grave of A. T. Stewart, the dry goods merchant of New York city. The witness admitted that he had corre- sponded with Albert Hilton, son of the late Judge Hilton. about the matter and also admitted that he had suggested that Judge Hilton had forged Mir. Stewards will and dug up the body.
 Pressed to explain why, if not to extort money. he had written to Albert Hilton, tn, witness said he desired to return him some letters which had passed be- tween Judge Hilton and Mrs. Stewart, which were secured, locked up in a safe and specially built to hold them and which cost s3500.
 Caldwell refused to say where the safe was kept but asserted that he had a key and that another had a key to the safe. which was kept hidden.
 Offered To Sell Story.
 Continuing. the witness asserted that he had pledged himself not to divulge the contents of the letters during Judge Tilton's life but said he had offered to sell the story to New York newspaper. Caldwell added that he had believed the letters to be genuine
 Counsel then read letters which pur- posed to have passed between Judge Hil- ton and Mir Stewart in which Mrs. Stew art said that an accusation had been made against Judge Hilton as trustee