New-York tribune., 1922-03-22
Swiss Buffers
'kOnlance' Fails
To Move Court
Probst's Story of kidnapping
BecauseHeWonPittsburgh
Girls Love Held Inmate
rial in Deportation Case
She Denies Knowing Him
Observation-Disclosures {:
Orders Him Taken Out Of
Ellis Island Insane Ward

The talc Of August Probst's alleged
secret love affair with Pittsburgh
heiress and of his subsequent kidnan-
ing ana mistreatment in an alleged at
tempt to railroad him out Of the coun-
try was given in detail and with names
when the young Swiss butler was taken
before Judge John c. Knox in the Fed
eral District Court yesterday for a
hearing on tho writ of habcas corpus
which he obtained Saturday. His
lawyer had little to say about tho law
except that his client had been out
rageously treated. The court declared
that most of the attorneys argument
was irrelevant to the action.
Probsts counsel charged conspiracy
to run his client out of the country
for daring to pay attention to girl
whose father had made more money
out of pork and iron than Probst's
parent had. He said the Swiss was a
clean young man, with high ideals, who
would never have mentioned the name
of the girl whose Intentions he mis-
took for love, but that he himself had
no such scruples.
Says Girl Was Miss Mckay
The girl in the lovo affair, he de-
clared. was Miss Virginia Cragio Nc
Kay, daughter of socially prominent
Pittsburgh millionaire, who came to the
exclusive Rolling Rock Club, at which
Probst was employed, as the guest OF
Miss Sara G. Mellon, niece of the
Secretary Of the Treasury. The law
yer added that his clients troubles
came the day after he admitted his
lovo to Miss Melons mother.
The butler lived gay life at the
club, according to the attorney, play
ing golf, riding, and singing with the
members. Probst was popular, he de-
clared
A somewhat different story was re-
ceived from Pittsburgh yesterday, as
serting the butler had gone on tramps
through the woods in his undcrclothes
and had love affair with maid. AS
for the kidnapping story, which Probst's s
counsel narrated, the Pittsburgh dis.
patch admitted that he had left the
club early in the morning under escort
tn; cause. Miss Mckay has vehemently
denied even an acquaintance with
Probst.
Probsts Own Story
Probst's own story Of the kidnapping
IS that on the night or February 23 he
was aroused from his sleep by three
armed men, Gale, the club manager, a
club official named Thompson and q
third man named Evans. He was or
dered to dress, placed aboard a train
taken to New York and confined in 6
private prison in West 18th Street
He escaped and made his way to Tren
ton, where he appealed to the immigra
tion authorities for permission to stay
in this country. While these were go
ing on he was arreSted and sent to the
insane ward on Ellis Island
This, his lawyer declared, was q vile
place, detention in which was a dis
grace to civilization. He urged Judge
Knox to free his client from such con.
fnement by admitting him to bail, but
the court ruled that it was contrary
to law to release a man declared to bt
insane. He ordered the Ellis Island au
thorities to transfer Probst to some
other place of detention.
Decision in the case was reserved
but Judge Knox declared that mas
much as Probst admitted coming into
this country without examination ant
without paying the head tax there coule
be little doubt as to his having illegally
entered. He said nothing about the
but!er's insanity. the second grounC