New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-22
TWO CONSULATES NOW
ON G|BSON'S TRAIL
British Representative Has
News That Makes Him JOIN
Austrian Authorities.
CLIENT WITH MONEY LOST
Relatives Corroborate state
ments That John Rice O'Neal
Came to This Country at
Lawyers Urging.

Lawyer OLSlHS'
Tho interest of two foreign consulateS
became focused again yesterday on the
dealings OF Burton ". Gibson with ms
,Bents. when there was received at t'N
T}rltisb Consul Generals office information
from relatives of John Rice O'Neal COT
roborating previous statements that ie'-
tiers had been written TO him by 1ioso"
urging him 10 come back 10 this couhu!
and invest his money under Gibson OIL
rections.
As n result Of these letters. ONcai dio
come back. and the last seen of MIN was
May Q. 1910 when he went TO gibson
ofice with a large sum OF money lie "'e
never seen again. although relatives an"
the British authorities instituted a natIoh-
wide search for him.
The letter bearing the information re-
ceived yesterday at the consulate was
from an attorney named Dunleavy, OF
Greenbridge. Mullingsr. County West
meath. Ireland, and stated that numerous
letters were received by the young Irish
man from Gibson, and had been seen by
relatives there. although they were no"
missing. O'Neal. after receiving $4,000 Tor
injuries from q streetcar company per
nitted Gibson for time 10 direct his IN
vestments. but finally made up his mind
70 80 home TO Ireland and settle down
there.
His intention Of doing this. ACCORDING
TO the information received at the British
Consulate yesterday. was changed by the
urgent letters Of Gibson, representing that
his money could be laid out to mucn
greater advantage in this country O'Neal
was one OF the SIX persons brought 70
LIGHT BY Gibsons difficulties who disap-
peared or met death in each case under
mysterious circumstances by which it was
alleged Gibson would profit in one way or
another.
While renewed interest in the O'Neal
case was aroused by this letter at the
British Consulate. over az the Austro-
Hungarian Consulate vigorous plans were
going forward 10 press the case against
Gibson in the case of Mrs. Rosa Szabo's
death especially Ia reference 10 the ac-
ton begun 10 Gust him as executor o.
The dead womau's estate. IN case this
NHort should fail in the Surrosate's Court,
! was said it would be taken W through
diplomatic relations az Washington be
cause Of the treaty rights involved.
Under treaty between tile UriteC
States and Austria-Hvngary promulgated
on June %, ISL" said Dr.. Fritz Fischer
auer, vice-consul, yesterday, 'it is Ico-
vided IN Article 70 that consuls gen
cral, conSuls and vice-consGls ~ a.. ..
countries shall enjoy all tho Hbc't
yrerogatlves, immunities and priylr~.e
granted TO the functionaries of the sar..
class OF the most favored nation.
Now, although in the treaty with Aus
tlia the rights IN regard 10 the admins
tradon Of the estates OF Austrian sub
1ects in this country ere not made clear, IN
subsequent treaties with other countries
there arc clear and exact provisions re-
latiug 10 this subject. Fer instance. the
treaty with Sweden In 1910 provides that
whenever an application for letters Of
administration Of a Swedish subject
estate is made by any one who Is no,
entitled to q distriDuuve share thereof.
notice of SUCH death without known heirs
or of such application shall De given 20
the consul, and the consul has the right
70 be appointed administrator and 10 adj
minister the estate. Under the most ia
vored nation clause cited, this claus. I'M
the Swedish treaty also applies To case
involving Austrian subjects IN this couu-
try.
Furthermore, the Constitution OF the
United States. In Section p Article 8. pro-
vIdes that treaties are part Of the SUI
preme law Of the land and judges in
every state shall be bound thereby, any
thing in the laws or constitutions Of the
states TO the contrary Notwithstanding.
But we do not apprehend that the con
tention of Mr.. Goldzer. representing Glib
son, that we have no right 10 apply 10
have him ousted as executor will be up
held by the Surrogate. A decision of the
Supreme Court has held that consus
have the right to intervene in the admin
istration Of estates ard there are MAN.
state court decisions to like effect. IN
fact, only e few weeks ago Surrogate
Fowler himself rendered a like decision"
II was said yesterday that the confden-
tiai accounting which Goldzier offered 10
make to the Surrogate, and which the
Surrogate refused to receive I'm that man
ner, was n statement that Gibson had
paid the missing sl00 belonging TO the
woman's estate 10 woman whom n
supposed was Mrs. Menschik, and ac-
copied in good faith rs Mrs. Szabos
mother.