New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-05
Austrian Consul Asks Removal
of Burton w. Gibson as EX-
eCut0r of COuntryWOm-
ans Estate.
TO TAKE CASE TO WHITMAN
Attorney Acted as Counsel for
the Mother of Mrs. Alice G.
D. Kinnan, Who Met Mys-
terious Death Sew
eral Years Ago.

the revocation of letters tcstamentary
issued 10 Burton w Gibson as eXecu-
tor Of tho will of Rosa Mcnschlll
Szabo. the name Of Gibson. who is a
lawyer with Offices at No. - Liberty
street. was brought for third time
into a case in which the Wills or fnan-
cial matters Of persons missing or dead
bv violence have been the subject OF
investigation.
The petition filed Yesterday in Sur
rogate Fowlcr's office i'm behalf Of the
Austrian Consul General seeks 10
have Or. Fritz Fischerauer. Nicc-con-
sui. appointed administrator of the
vonan's estate in place of Gibson. The
netition is ACCOMPANIED by afiidavits re-
citing that Mrs Szabo was drowned
while in rowboat with gibson on
Greenwood Lake. under circumstances
not thoroughly explained To the satis-
faction Of the petitioner The pct'tion
also raises the question Of the aulneh-
ticitv OF the will which Gibson 'hcreu
for probate. accompanied by an alleged
waiver of citation purporting 10 pear
the signature Of Petronella Mehschih'
thc dead woman's mother. under uHte
If Julv 81. 1912 The affidavit Is ac-
co,,nanied by n copy of cable mes
sage received by Or. Fischerauer' the
vice-consul from the chief OF ponce OF
Vienna stating that Pctronela Men
scbils died i'm February, 1917.
Wants Whitman to Investigate
# was announced by Arpad a. kre-
,,,or who Is representing the Austrian
Consulate in the matter. that ne "ou'u
consult to-day with District Attorne!
x,,,itrpan in regard 10 All investigation
into tho drawing Of the VIII ana 'ne
no,sibility OF prosecuting Gibson Tor
perjury. 49, ,o,,
T, ,e known that about June i'ih
cut, r,.ae before George :. Dough
or,, Second DEPUTY Police 'omm's-
sioner. and had to undergo an hou' :
examination as TO what he kn'" III
regard to the money affairs ana "''eN
nlained disappearance from hu'ha''
- ~ Jobn Rice O'Neal. who formerly
lived with a Mrs. Cotter at NO 10
East 91th street
The investigation into the olsappea'
arce OF O'Neal was started AT 'he III
.tance Of Miss Sarah Potter daughter
~ tbe late Bishop Potter In her ei''-
n,ov az maid was Nora ONeal' the
missing mans sister ana "as
.,rouqb interest in her that Miss Pot
..r undertook the case. employing
Maurice ]. Moore, Of Herman & moore
ot,ornevs. AT No. III Broadway TO rep
resent her in the case.
Iator the British Consul General
,oorr,np that ONeal was British
subiect instituted nation-w wide search
for him. employing private detectives
ord advertising widely for him. Moth
inc ever came OF all this effort now
ever. to find the missing man.
Go. $4,000 for Loss Of Leg.
o,Noal who was a native OF Ireland,
was employed until 1910 as con-
drc,or on the Metropolitan Street Rail
,,av Company OF this city. In an ac-
cident while operating his -ar he lost
a log. for which he received. through
tho assistance OF some lawyer whose
,,or,e 10. not now known to those ac-
ouainted with his affairs, $1,000 IN
settlement for the injuries he received
shortly after this he severed his re-
,ations with this lawyer and allowed
C;jbson TO handle his affairs.
lie told Gibson that he wanted 10
nut his money in good investment
and gave him about S6,0C) to place for
him on mortgages. Shortly after this'
taking with him what was left OF his
$4,000 having first bought himself
n,ooden leg. he went 10 mis- home in
Ireland. This was in Greenbrldge'
Mulljgar. West Meath, where he had
mother. two brothers and sister.
while at home he used his money 70
huv home for his mother and finally
decided TO spend the rest of his own
life there. His second sister. Nora. was
tho one who was Miss Potter's maid.
While with his family he received
many letters from Gibson. according
10 information given to Miss Potter
urging him to return to New York ana
invest the rest of his money under
Gibson's guidance. He determined TO
return to New York. but only for the
nurpose Of getting back the money he
intrusted to Gibson for investment. In
tending 10 return 10 Ireland with II.
SAYS He Gave O'NesI $1,000.
According TO statement made by
Gibson at the time O'Neafs sudden
d;sa appearance was first under invcsti-
cation ONeal went TO him and got
S,uU. There was another mortgage
for about $1,000, and Gibson. being un-
o,le TO produce the money at once, he
cave him. he said, $500 from his own
s,,ds The next day when he went back
,o ret the 5000 on the first mortgage
,,hicb had lain overnight IN Gibs"n's