The San Francisco call., 1910-12-25
PICTURE SWINDLING
CHARGE ISDROPPED
Duchess OF Choiseul-Pra
Withdraws From Prosecution
of D'Aulby and Wife
Former Spouse OF Copper Mag
nate Admits Inability to
Prove Alleged Frauds

TOURS, France. Dec. 24.-The series
of sensations that has enlivened the
trial of count and countess D'Aulby
de Gatigny reached a climax today,
when the duchess of Choiseul- -Praslin,
formerly Mrs. Charles Hamilton Paine
of Boston, abandoned her accusations
that D'AuIby and his wife had con-
spired to swindle her out of 100000
by the sale of spurious paintings.
AS the duchess lawyers walked out
of the courtroom the crowd of spec
tators stood amazed. wondering what
would be the next move in the strange
case.
The evidence was concluded during
the day, whereupon an adjournment
was taken until January 2, when the
arguments will be made and the find
ings of the court probably announced.
LETTERS TO BE BURNED
The withdrawal of the duchess theo-
retica1ly weakens, if 1t does not de-
tfon. 1t is understood that she was
actuated by the conclusion of a pri-
vate agreement concerning the dispo-
sition of the letters that D'Aulby said
had been written by Mrs. Paine and by
the belief that the case was breaking
dent of yesterday, when Carrier Bel
louz, the expert called by the prosecu-
tion, was forced to admit under exam
1natfon that he was under indictment
for maintaining a gambling establish
ment in Paris.
In today's examination the defense
sought to prove the existence of a plot
to ruin DAulby. His London lawyer.
Behrend, who had possession of the
duchess alleged letters, testified that
he had been constantly shadowed and
that an attempt had been made to
break into and rob his office.
CONTRACT WAS CONFIRMED
He added that he had seen a letter
written by Paine in which the Ameri-
can 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 she brought an
expert to court, who ridiculed the sup
posed masterpieces and assailed the
character of D'Aulby
Yesterday business and professional
men of standing testified to the honesty
and charitable practices of the de-
PENDANTS with a conviction that brough,
tears to the eyes of the crowd in the
court
D'AULBY DEFENDS HIMSELF
Il AulDy, In his own defense, as
serted that he had acted in good faith.
He had not guaranteed the authen-
ITCHY of the art works, and If they
were copies he, too. had been deceived
in their purchase.
D'Aulby added that he had befriended
the Paines when they were strangers
In Paris. acted as a confidential agent
for them In the purchase of pictures
and wines and eventually became an
20 ri Of
This last statement caused Nine.
d'Aulby to rise before Judge Roberts
and denounce the complainant as one
who had sought to destroy the hap
piness of her home
The D'Aulbys were successful in
winning the sympathy of the fashion
able folks who have attended every
session of the trial, and today there
was a noisy prod Aulby demonstra-
tion when M. Struel, addressing the
court, said the duchess wished to
abandon the prosecution. Nothing. he
said. had been proved against the
DAulbys.
PUBLIC PROSECUTOR FIRM
NJ. Bernard of counsel for the de-
Tense asked the public prosecutor to
abandon the prosecution saying the
defendants had promised that the let
ters alleged to have been written bv
thC UuSiCSS, anu WIllCflt ne SdlQ, FORMED
the inspiration of the complaint, would
be destroyed.
The prosecutor declined to halt the
trial, but in view of the days develop
ments the friends of the D'Aulbys de-
clare themselves confident of their ac-
quittal
The duchess left Tours today. The
town is filled with rumors that the
residents were planning a demonstra-
tion hostile to her
Nine. d'Aulby was formerly Fran
cesca Lunt of Boston, In which city she
married D,Aulby during the life of the
duchess first husband, the Boston cop
per man.