The Birmingham age-herald., 1910-12-25
CASE. ABANDONED
 AGAINST ? 'AULBY Sensational Climax Comes to
 Spectacular Trial PUBLIC FOR DEFENSE
PUBLIC FOR DEFENSE
All the Evidence in the Famous Case Tends to Clear the Defendant of Charge and He Will Now
 Be Freed

Tours, France, December 24.-The series of sensations that has enlivened the trial of 'ACountess" and Count" D'Aulpy de Gatigny reached a climax to- day when the Duchess of Choiseul-Pra lin, formerly Mrs. Charles Hamilton Paine of Boston abandoned her accusa- tions that D'Aulby and his wife had con- spired to swindle her out of s2o0.O0o in the sale of spurious paintings. As the duchess lawyers walked out of the court in silence the crowd of spectators stood agape, wondering what would be the next move in the strange case.
 M. Bernard for the defense asked the public prosecutors to stop the proceed ings, but this was refused, and the trial continued. The evidence was concluded during the day whereupon an adjourn ment was taken until January 2. when the arguments will be made and the finding of the court probably announced.
 The withdrawal of the duchess theo- retically weakens. if it does not destroy. the foundation for prosecution.
 It Is understood she was actuated by the conclusion of a private agreement
 
 that D'Aulby said had been written by Mrs. Paine and by the belief that the case was breaking down as result, largely of the incident of yesterday, when Carried Belleuse, the art expert, called by the prosecution was forced to admit under examination that he was under in dictment for maintaining a gambling es- tablishment in Paris
 In todays evidence the defense sought to prove the existence of 0 plot to ruin DAulby. His lawyer Behrend, who had possession of the duchess alleged let ters, testified that he had been constantly shadowed. He added that he had seen a letter written by Paine. in which the American confirmed the picture contract with D'Aulby. As the court adjourned there were some cries of Long live D'Aulby."
 When the duchess instituted her suit against the D'Aulbys, charging they had swindled her out of s2o0.o00 in connection with the sale of pictures alleged to be spurious. she brought an art expert to court who ridiculed the supposed master pieces and assailed the character of D'Aulby.
 Yesterday business and professional men of standing testified to the honesty and charitable practices of the defendants
 Tn his own defense DAulby asserted that he had acted in good faith He had not guaranteed the authenticity of the art works and if they were copies, he, too, had been deceived in their purchase.
 D'Aulby added he had befriended the Paines when they had been strangers in Paris, acted as a confidential agent for them in the purchase of pictures and wines and eventually became an intimate friend of Mrs. Paine.
 This last statement caused Madame DAulby to rise before Judge Roberts and denounce the complainant as one who had sought to destroy the happiness of her home.
 The D'Aulbys were successful in win ming the sympathy of many of the fash ionable throng who have attended every session of the trial, and today there was a noisy pro-D'Aul demonstration when M. sturel addressing the court, said that the duchess wished to abandon the prose- eution because of the conviction that the case had collapsed. Nothing, he said, had been proven against the D'Aulbys.
 M. Bernard. of counsel for the defense, asked the public prosecutor to abandon the prosecution, saying that the defend- ants had promised that the letters all leged to have been written by the duchess ana which, he said. formed the inspira- ton of the complaint, would be destroyed.
 The prosecutor declined to halt the trial but in view of the days devel- opments the friends of the D'Aulbys de- olared themselves confident of their ac- quittal,
 The duchess hastily left Tours today. The town is filled with rumors that the inhabitants were planning a demonstra- ton hostile to her.
 Madame D'Auby was formerly Fran oesco Lunt of Boston. in which city she married D'Aulby during the life of the duchess first husband, the Boston cop per man.