The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-01-16
MRS. LEBAUDY
SENT BOY OUT
TO SAVE LIFE
He Explains Dismissal
Just Before Shooting and
Story Disappoints Weeks.
GRAND JURY SITS TO-DAY
Justice Of Peace Will Hold In
quest AlsO-"Emperor's"
Funeral To-day.

The witness the prosecution IN the
Lebaudy case had counted most upon
failed to support the States theories
yesterday at Mineolu. He was Mark
Rosenfeld, the Western Union messenger
boy. who accompanied Jacques Lebaudy
on his last trip to his home at Westbury
Saturday and who was known TO have
beerf with Lebaudy up TO few minutes
Of his being shot TO death by Nine. Marie
Augustine Lebaudy, his wife.
Charles r. Weeks. District Attorney.
after a good deal of trouble in finding
the youngster at his home IN Manhattan,
mad him taken to tho Nassau County
Court House yesterday. There the Dis
trict Attorney and his aids questioned
the boy at length preparatory to sending
him before the Grand jury to-day
Rosenfeld recounted his story. which has
been printed before
Prosecutor seems Detected.
The District Attorney and his assist
ants came out of the interview looking
rather detected. 1t was learned from a
member of the District Attorneys stan
who Is conversant with every phase of
sitered that Rosente!d's story would be
of no value to the States cause and that
If anything he might turn out to be 4
witness damaging TO the prosecution.
District Attorney Weeks. it was known.
had relied on the quoted versions OF the
boys story. according to which 1t APP
neared that he had boon ordered from
Phoenix Lodge, the Lebaudy home by
Nine Lebaudy just before the Staying.
No ty3l nod hot
there were any indications that such a
command had been given It would show
Intent to clear the stage OF any other
witness before the shooting was COM
mitted and thus be priIna facie evidence
OF reconciliation.
But when he questioned Rosenfeld
along these lines II developed the mes
sencer had been ordered out 10 save his
own life. The boys story showed. Il
was said. that Lebaudy's conduct had
become very alarming and that Nine.
l<ebaudy feared for the lads safety.
There was nothing to justify the belief,
the District Attorneys staff became
convinced. that Nine. Lebaudy had de-
I:berately planned to remove the only
person who might see how she came to
Shoot her husband
As Resented was the only one who
had been present with the couple up to
the time of the shooting he was gener-
ally regarded as the most important
link in the chain which the District At
'orney was forging against Nine. L.
haudy. His testimony came practically
as the finishing blow 20 the prosecu-
tons hopes OF carrying the case 10 a
successful conclusion.
Revoiver's source Is Sought.
Nevertheless District Attorney Weeks
gave no sign OF slnckenins his custom
airy vigor In conducting the peoples side
and planned to produce Rosenfed before
the Grand Jury when II resumes its ses-
sions at 10 o'clock to-day. This was
looked upon by lawyers Is more a for
mality than anything else.
One OF the side lines investigated yes.
terday was the question OF how Lebaudy
came into possession of the revolver
that was found on him. The District
Attorneys office had been told that L.
baudy ordinarily went unarmed anu the
possibility that the weapon might have
been dropped into l.ebaudy's pocket
after the shooting was given consider
alton by the prosecution.
However. II was acknowledged to he
n difficult task TO prove this since no
one except Nine, L.ebaudy was on the
spot Immediately after tho shots were
fred. District Attorney Weeks declined
10 say whether he thought the revolver
had been planted"
Harry Greenstein, the chauffeur who
drove Lebaudy on his final ride TO his
home is also due to appear before the
Grand Jury. as well as Miss EVELYN
Berch. public stenographer at the Hotel
Wallick. who wrote letters for I,ebaudy
l.st Saturday afternoon which were said
10 contain threats against Nine Le-
haudy's life. 1t was thought likely that
an unnamed informant who was re-
ported to have told Harry W. Moore, at
forney for Nine Lebaudy, o. 4 dcc!ara-
lion by her husband that he would fin
ish' her, might 60 before the Jurors
Nine. Lebaudy Improves.
Tne District Attorney yesterday COM
rleted the list of witnesses TO appear be-
1ore that body. Both sides expect that
VIE Grand Jury will finish celebrating
to-day and determine whether to hand
IN an indictment, so that Nine Lebs udy
VIII know this much of her fate by eve
ming
Apparently the sympathy OF neighbors
ana the favorable turn which her case
mas been taking lately continued 10 have
their tonic effect on Nine. Lebaudy. DR..
Paul Thomas Ferrer, one Of the phy-
scians attending her, said that her
spirits seemed to have revived much.
though he issued a warning that she
'nust not be disturbed in View of the
fact that her physical condition appeared