The Birmingham age-herald., 1910-12-24
Spectators Are Moved to Tears By Testimony for
 the Defense
D'AULBY AND HIS WIFE
 PRAISED FOR CHARITIES
Every Witness Called By Prosecution Turns Out to Be a Defender of the Defense i'm This Re-
 mnrknble Case

Tours, December 23-"An amazing court drama of passion and pathos" Is how local paper tonight sums up the trial of Count" and "Countess" D'AuIby dc Gatigny. who are charged with having swindled the Duchess de Choiseul-Pras- lin. formerly Mrs. Charles Hamilton Paine of Boston. This epigram was based on today's sensational developments at the trial which so moved the auditors that the customary scenes of disorder, laughter and cheering changed to burst of weep ing.
 Reputable business and professional men of Tours on the stand at todays session painted D'Aulby and his wife as the incarnation of honesty and charity. declaring that their ministering to the wants of the sick and needy caused them to be loved and esteemed throughout the country. M. blot. president of the Tours Association of Lawyers. who drew up the contract for the sale of the picture An tiope" to the late MT. Paine. testified that D'Aulby insisted on the insertion of a clause in the contract to the effect that he could not guarantee the authenticity of the picture. M. blot also said that neither D'Aulby nor his wife had any idea of business or of the value Of money. They received $l2.D0 almost every year from Boston. They were passonately fond of music and lived happily until Mrs Paine entered D'Aulby's life. which until then had been irreproachable.
 Victim of Circumstances
 D'Aulby. the witness said, was the vic- tim of the wiles of others who were now trying to ruin him. As M. blot gave in stances of D'Aulby's alleged charities. sobbing was heard in various parts of the courtroom. The witness said il was all ways D'Au1bys intention to forward the wine for which Mir Paine had given him ss7o0
 Every witness called by the prosecution today turned out to be defender of the defense, while the testimony of M. Des- moulin, member of the jury of the Beaux Arts Salon, Paris. plainly pro- duced an impression most favorable to the accused.
 D'Aulby. who under the French system is constantly questioned on various points brought out by witnesses, shows signs of breaking down as 8 result of the ordeal. As M. Diot and others lauded him to- day, D'Aulby sat with his head bowed on his knees, handkerchief hiding his features It is announced that he has spent eight months of his life in prison in composing music and writing his memoirs.
 Defense Plays Card
 The defense played another card at the opening of the session by revealing the fact that M. Belleuse, the art ex- pert called by the prosecution to pass upon the authenticity of the defendants pictures, is now awaiting trial on a charge of conducting a gambling house in Paris.
 The appointment of this expert was suggested by the complainant, the Duch- ess Choiseul-Pra formerly Mrs. Charles Paine of Boston. Beleuse char acterized D'Aulby's paintings as mostly worthless copies and their owner as an audacious trafficker, playing upon the credulity of art collectors.
 NJ Bernard asked for the immediate designation of another expert. The in- cident caused a tumult in the court room. Bernard followed up this disclosure by calling Desmoulin, a painter, who testi- fled that of such of DAulbys pictures as he had seen one certainly was an origi- nal masterpiece and the others are excel lent copies.
 Refuses to Negotiate
 M Dutillet, who was delegated by the Duchess to settle up her affairs with D'Aulby. testified that the latter refused tc negotiate with him, referring him to lawyer. DAulby's attorney. the wit ness said, suggested the payment by Mrs. Paine of $200000, but the witness could not say whether the money requested was to be in payment for the return of let ters alleged to have been written to D Aulby by the Duchess or in settlement of the picture contract or for both con- alterations.
 Dutillet understood that it was Madame D'Aulby who had insisted upon the pay nent Madame DAulby did not Nike this opinion from the witness and, standing up. protested against his statements in- volving her. As usual, at this interrup- ton, there was a great commotion among the spectators.
 Special importance attached to Dutilet's statement that he could not swear that Mrs Paines letters were u consideration in the negotiations as the prosecution has sought to establish a connection between these negotiations and the case of Alex andre Tscherneoff. who is. under arrest in London, charged with participating in a conspiracy to blackmail the Duchess. D'Aulby has stated that he does not know the former