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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, December 25, 1910, Image 1

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V" LXX....N* 23,415.
COURT WES E. K.
SILO'S APPOINTMENT
Ceases To Be Administrator of
Estate of Alex. McDonald,
First Wife's Father.
FAILED TO RENEW SURETIES
Bond Had Been $2,000,000, but
Companies Asked To Be Re
. v : lieved When He Filed
Inventory.
Surrogate Cohalan has revoked' the let
ters of administration issued by the Sur
rogate's Court to Edmund K. Stallo. as
«dnjinis"-;if->r of the estate in New York
Etste of Alexander McDonald, vice-presi
dent of the Standard Oil Company and
financier of Cincinnati, who was the
iatfter-in-law of Stallo.
The revocation by the Surrogate
yesterday was on the application of four
purity companies which had . been on
gtallos bond, as administrator., for $2.
. • •••. and which had asked to be re
leased. The application was granted,
sr.d Stallo was ordered to furnish new
sureties by December 21, which he failed
to do.
Furrogaie Cohalan also ordered Stallo
ip file an accounting within twenty days
of hi? trusteeship of the McDonlad
estate
Besides being administrator Stallo is
the guardian for his two daughters, who
receiwd practically the entire estate left
l>y their grandfather. McDonald. In this
office Stallo is under two bonds of $425.
000 each. Recently he filed an inventory
la the office of the Surrogate which
showed that the estate of McDonald
which came under this jurisdiction was
In solvent condition, with assets over
liabilities amounting to about $1,700,000.
The co-partnership between Stallo and
McDonald in several enterprises had re
fulteu in heavy losses. The principal in
terest in the co-partnership was a rail
road project in the South, which turned
out disastrously. The showing made by
his inventory was the determining cause
at The move of the surety companies to
■be released from any further responsi
bility. They also asked that Stallo be
restrained from taking any further steps
as administrator until he should furnish
ihe new bo.ds.
In August last Stallo applied to Sur
rogate Cohalan for . an allowance as
guardian for the maintenance of his
daughters, Laura Stallo and Helena
£tailo. The Surrogate refused -to grant
the allowance on the ground that he had
failed to show that his own income was
insufficient to support the daughters.
who are no' approaching. their 'majority,
and also had . not shown the amount of
this income.. Nor dirt theicongent-of the"
daughters accompany the petition 1 of the
lather. ~ r : '.:l '' ' .".:..* V" ;.. '• "C-
Stallo. who is a lawyer by profession
and the son of a former minister to Italy.
lives with his family at the Waldorf -
Astoria. -• His first wife was Miss Laura
McDonald, only child of Alexander Mc-
Donald. She died when the elder of her
two daughters was two years old.
In 1968 Stallo married Mrs. May Har
rington Hanna. the divorced wife of
Daniel Hanna, son of the late Senator
Mark A Hanna. of Ohio, It was said
that Alexander McDonald was dis
patisSed at this second marriage of his
dead daughter's husband. Several years
prior to this time Mr. McDonald had
himself appointed as guardian of his
grandchildren, who resided with him
•until his death. In IMB there was talk
«f a probable separation between Stallo
end his second wife.
|Bj T>lccrarh to The Tribune]
Cincinnati. Dec 24.— The estate of Alex-
Kn3er McDonald, the Standard Oil man.
■n ho red last fall in Kong Beach, Cai., was
cleared off <■■'' its indebtedness in Cincin
nati this afternoon by Charles H. Stoll. of
New York, representing the Metropolitan
1-u« Company, of that city. The pay
iuents aaK>unt<FHj to approximately }l>si.'.m<o. .
Mr. j-T'.:j says that the Metropolitan
Trust Company v.ill take up the tangled
McDonald affaire am] try to have them
JijrMed. principally to secure the $2,500,000
**hich that company claims to have loaned
"".'" ".' Edmund K. Btaße, of New York, and
■l McDonald to finish the New Orleans,
Mobile & Chicago Railroad.
Stoll says that the JI.COO.OCO home of Ml
l»oaak! in Cincinnati is the property of the
SUsseE Stallo. and that they have just 666
*har*-8 of Standard Oil Block to live on,
wtoich gives them :;bout $23,000 a year. Stoll
•=*id the trust «-ompany would finish the
railroad or sell it as ?t is now. McDonald
left an estate of about $4^00,000. which in
<"!uoed his debts.
EAT AND DRINK MODERATELY
Cliicago Sermon on Health,
Adapted for Christmas.
[By Tvk-graph to Tli« Tribune.} « .-"
. Chicago, Dec 24. —The city Health De-
Jartimnt. in ■ bulletin, gives this ad
tfce; "Kat. drink and be merry—
I ration. s-u Ural you may be merry
roil " X fiv«:
Jt you cat t<*> much, set out fa the
if jincJ walk.
If your internal plumbing is defective
•void, plum pudding:.
•'heap candy — expensive funeial. Why
lain chances?
Open windows will preserve your
Christmas tree — they will also preserve
; '"ir health. ■ : _ "j-V ■'.' -
Bka.te* are letter than dolls arid slpds
an better than books. Why".' Because
*hey encourage outdoor play.
The pneumonia season," the bulletin
•-unMnue*. "will last for four months.
H.it <;. i \to. done to combat the dit>
«a*>e? The most nece.ssary thins la that
* man *hould keep himself right. Heavy
waters, heavy drink' fat men and
Voiii.ji are prune to get pneumonia. It
ftJ! men and women weighing 140 pounds
Slid «jver would reduce their food and
Itvoraccs one-half for the next four
months many lives would be saved.
"If you _■■ • a bad cold, do not neglect
It Quit eating, take ■ purgative, throw
<-l**-i3 the windows, set In b^<] and send
for a doctor. i >•> not i bat the windows
«n<3 take hot drfnJia. That would be
foolish."
WHY NOT BE COMFORTABLE?
_-„ | -South this Winter select the
*;*■«• ships of ■■.-■■ ( ' ii. . with large
Materooms, vromi promenade <i« ■••k- aitra
i»"w> -M|e«,-. WHtfnK anil Sinokinc !{r».;ms.
rr»3 -• . ■ *J'nirg -•■■•• Burlng *«very
'fP^f..ct 4crto*ii. Ticket* ,i, ■• ■ ■;• meals
8J& Lcrtii. Office 513 -'■-. Advt.
To-da.T, rlniid.i and raider.
To-morrow, mow; northeast wind*.
DIES SOON AFTER HUSBAND
Both Ask for Each Other Just
Before the End Comes.
Thomas Cooley, seventy-three years
old. of No. M Park street. Jersey City.
feeling yesterday that* his attack of
pneumonia was fatal, asked to see his
wife to tell her good by. but she was ill
of the same malady in another room,
and their children told him she could not
come jus* then. in a few minutes he fell
into I sleep, which ended in his death.
A few hours afterward the situation
was reversed, the wife asking to see her
husband. >
"I don't think 1 shall live long," she
said. "Tell Tom to come in."
She died a few minutes later without
knowing that he had preceded her. She
was seventy years old. Their three
daughters and a son were with them.
TROLLEY ROPE AIDS RESCUE
Ohio Streetcar Employe Lassoes
Drowning Boy.
Columbus, Ohio. Dec. 24. — Seymore
Borrer saved the life of eight-year-old
Paul Martin, who was drowning in the
Scioto River, to-day.
Borrer, an employe of the streetcar
company, mi taking an interurban car
to the i-arn when he approached the
Town street bridge and saw the boy in
the river. Borrer eul the trolley rope,
lassoed the drowning boy and dragged
him to .-hore. The iad was unconscious,
but quickly recovered.
READY TO WED MR. HIGLEY
Appeal to Mayor Brings Fifteen
Replies from Fair Sex.
It would seem that there are some
women in this town who are willing to
go to Portland. Oregon, where "ladies
are scairs." according to a communica
tion received from H. Higley. of that
■city, by Mayor Gaynor, two days ago.
Mr. Higley asked that the city's chief
executive find a wife for him. Since the
letter was published fifteen women have
written to the Mayor's office offering to
be Mr. Higley's bride.
Robert Adamson, the Mayor's secre
tary, will not divulge the names of any
of the applicants, but said they all de
clared that they were beautiful. They
have been notified to communicate with
Mr. Higley direct.
STARVING ON CHRISTMAS EVE
Pole Faints in Police Station
After Telling His Story.
Forlorn, starving and homeless on the
eve of Christmas. Felix Kownejinsky. a
Pole, thirty-one years old. who is a scis
sors grinder, was sitting in the rain on a
box at Amsterdam avenue and ]~»Gth
street yesterday afternoon when Patrol
man Crawford noticed his serious con
dition and took him to the West U2d
street station.
Kownejinsky told the police that he
came to New York from Paterson. X. .T .,
to look for work. His ignorance of the
language greatly hampered™ him, and
soon he found himself penniless. That
was three days ago. Since then he had
wandered about trying to make his
wants known, but he said nobody seemed
to understand what he said. He had not
been able to procure any food, and at
night hf sought shelter in doorways.
The man lost consciousness when he
finished his story to the interpreter. He
was taken to the Washington Heights
Hospital. where Mquid food was given
him.
GIRL 1 1\[ CHAIN GANG
In Men's Clothes, Outworked
Masculine Companions.
fßy Telegraph 10 The Tribune.]
Muskoger, Okla., Dec. I' 4. — When the
chain gang from the city jail started to
work this morning the officer noted the
slender hands of "Will Taylor,"' a pris
oner, who had worked four days building
culverts. Investigation showed that the
supposed man was Mrs. Lawrence Han
lon, of Bt Louis. Mrs. Hanlon's hus
band was also in the gang. They came
here in search of work and were picked
up as vagrants.
The young woman had worn men's
clothing since November 28. This morn
ing when she started out with the chain
gang she forgot the heavy gloves that
had hidden her hands. When questioned
confessed that she was a woman.
Officers tsa.v that in the last four days
she has done more street work than any
one in the gang.
"SCOTCH MARGARET" DEAD
Aged 105 Years — Remembered j
Battle of Waterloo.
Philadelphia. Dec. 24.— G100m saddened
the Christmas preparations' at the House
or the Good Shepherd for aged persons in
this city to-day when word was passed
ar.-und that "Scotch Margaret," aged 105
jears, had died.
"Scotch Margaret" was the name by
vhlch tar years the home's oldest inmate
hat; been known — so many years, in fact,
that when Inquiry was made for her real
mime it was necessary for one of the Sis
ters' to go to the records to ascertain that
it was Cassidy.
Mrs. Cassidy, who was born in Scotland,
recalled vividly the manner in which dM
world was stirred by the battle of Water
loo. She had been an Inmate of the home
f .r thirty years, and, so far as. Ms known,
she lias no living relative.
Appleton, w's., Dec. 24.— Mrs. Anna
I>hmann died to-day at the home of her
son. She was born in Germany June 21,
IS 10. and last June celebrated her one
hundredth birthday anniversary with a
picnic, at which she darned and sang.
TOTS DINE WITH HELEN FRICK
She Entertainr Three Hundred Little
Outcasts in Pittsburg.
lily Tc!Fgrai>!i to The Tribune. ]
l iltsburfe-. Dec. 24.— Miss Helen ink,
daughter of H. C. Frick. came here from
New York to play "Lady Bountiful" to the
poor children of Pittsburg, as has been her
custom for several fears. To-day she bad
the Associated Charities bring about three
hundred of the mo* destitute children in
the city to her home, at Fifth and • Home
wood avenues, where they enjoyed a dinner
.such as they had never eaten before.
Many of ii,.- children picked up the food
„ th<"ir grimy hands and gnawed and ate
like savages. After the dinner Miss ' Krick
gave each a number of present*; many of
which were useful articles and wearing ap
parel, and in each instance MM or mure
toys.
5 -CUBA-SOUTH
Information Hureau. B'way • or. ••',''■' bt.
Three si.-*i.fraiiu> South da»ly via I'.-ima.
and Atlantic coast Line R. n^.-Advt .
NEW-YORK, SUNDAY, DECEMBER 25, 1910.
BRIDE, LEFT AT HOI
ALONE, KILLS HERSELF
Objected to Husband Spending
Night Before Christmas
Away from Her.
FIRES SHOT IN HER BODY
Found Lying Half Across Table
Covered with Gifts Left by
Friends Short Time
Before.
Because hor husband Would not stay
at home on Christmas Eve. after she had
pleaded with him to do su. Mrs. Mar
garet Luersson. a bride of a year, shot
herself in the heart last night with a
revolver while seated beside a table cov
ered with Christmas presents. When
her husband, who was about to enter
an automobile, heard the shot he ran
npatain to the third floor of the Daw
son Arms apartment, at TS T o. 2U,~> "West
110 th street, where they lived, to find
his wife's lifeless body lying half on the
table. Blood pouring from a wound in
her left breast stained some of the
Christmas parcels.
Mrs. Luersson and her husband had
been entertaining Miss Beatrice De
Acosta. of No. L'-Km) Seventh avenue, at
a dinner in their home, last night, and
the little party was a happy one. The
t;-lk was mostly of thp holiday making
for to-day, and plans had been made to
distribute the Christinas gifts together.
Mrs. Luersson appeared to be in a
particularly happy frame of mind, and.
when Miss De Acosta left the house,
about S o'clock, it was with the promise
that she would return to help celebrate
Christmas to-day.
Just what occurred after Miss De
Acosta had left is not known, but about
9 o'clock Mr. Luersson, who is in the
automobile business, told his wife that
he had an important business engage
ment to attend. He called a taxicab
and went for hi? overcoat and hat. Mrs.
Luersson pleaded with her husband to
remain at home, as it was Christmas
L've and she wanted him with her.
Refused To Be Comforted.
Mr. Luersson tried to calm her, md
told her he would be back within two
hours, but she refused to be comforted
and grew hysterical. After he thought
he had reasoned her out of her fears
and melancholy state of mind Mr. Luers
son kissed h J s wife and stepped out into
the hall.
Before leaving him Mrs. Luersson
clung to her husband with her arms
about his neck, and as he went down
the stairs to the street she called after
him, saying: "I hope you will sleep we'll
to-night." isiie appeared to tr« resigned
to his going and prepared to wait for
his return in a cheerful spirit.
As Mr. Luersson was buttoning his
coat in the vestibule, preparatory to
stepping into the taxicab at the curb, he
was startled by the sound of a revolwr
shot. He was anxious concerning h's
wife, and at once rang the elevator bell.
Failing to get an answer, Luersson
sprang up the stairs to the third floor,
calling to his wife as he ran.
When he reached the door of his
apartment he found it open. Richard
Stirrup, the elevator boy. and George
Lawson, a tenant of the apartment
house, who lives on the same floor, were
in the drawing room of Luers6on's home
trying to shield something within from
his sight.
Suspecting- thai something serious
had happened. Luerston pushed the men
aside and saw his wife's body reclining
half on a chair, half on the table in the
centre of the room.- A crimson stain ex
tended half-way down her dress, and a
revolver lying in the folds of her gown
on the floor showed him at a glance
what had happened.
The young husband, on his knees by
his wife's side, tried to arouse an an
swer to his frantic questions, but she
was already dead. Luersson became
crazed with grief and raved incoherent
ly. He was finally led away, and Law
son ran to the street and called Patrol
man Murdock, of the West 125 th street
station. The officer called Dr. Fulton,
of the Harlem Hospital, who «aid that
the woman had died instantly.
Coroner Starts Investigation.
When Coroner Fein berg arrived he be
gan an investigation, and learned that
Stirrup had heard the revolver shot and
had tried to enter the Luersson apart
ment, knowing that it came from there.
Lawson, who had been waiting for the
elevator, joined the elevator boy in forc
ing the door. They told the Coroner
that they found Mrs. Luersson beside
the t le and tried to revive her, and
that Luersson entered while they were
thus engaged.
Luersson told the Coroner that he and
his wife had been married about a year.
He said he first met his wife in Chicago
eighteen months ago. After their mar
riage, he said, they made a tour of Eu
rope, returning to this <ountry only re
cently. He added that Mrs. Luersson
had undergone an operation recently and
was about to undergo another. This
caused her Go becooie melancholy, lie
thought.
According to the police, Luersson comes
„f a wealthy and prominent family in
Germany. His father was killed two
years ago in an automobile accident and
jjia tuo sisters were seriously injured.
FATAL CHRISTMAS DELIVERY
Train Runs Down Big Auto
Truck, Killing Three Men.
Philadelphia, Dae. — While deliver
ing Christmas packages in a big auto
mobile truck for a Philadelphia depart
ment store, two men and a boy -who
were in the vehicle were killed to-night
when a Baltimore <<• Ohio passenger
train struck the- truck at Moore, ■< ii
miles from this city. The dead arc John
Fccles. driver of the truck, and Edward
Landle and Leon .M.il ->" helpers.
ONE NIGHT OUT TO PALM BEACH.
O Nfc „!, v iinti a. in., at !'a!m Baactl
•:'• „' v Only via all Pullman board
,'.,' rldJ ,-,,,,,■.. i effective .i ... mh. our 1.-4
H"!;' i rain Ut>t>t and quickest until then.
I»q." V llS3 Eway.-Adyt. _
NO NEWS OF LOST
AMATEUR AVIATOR
Unconfirmed Report of Finding
of an Aeroplane, Without a
Pilot, in North Sea.
TORPEDO BOATS SEARCH SEA
Fear That Airships Supply of
Petrol Became Exhausted Be
fore Grace Got His True
Reckoning.
London. Dec. 24. — No definite news has
been received of Cecil S. Grace, the ama
teur aviator who lost his way in a fog
while attempting to return over the
English Channel to Dover, on Thursday.
From Amsterdam, Holland, comes a
report to a news agency that an aero
plane without a pilot has been picked up
in the North Sea. No details are given
as to where the airship" was found, and
up to a late hour to-night no confirma
tion could be obtained.
If an aeroplane without a pilot or
passenger has been found, it is prob
ably that in which Cecil Grace made his
trip across the English Channel on
Thursday, as far as the Belgian frontier
and in which he started to return from
Calais to Dover.
A flet of torpedo boats sent out from
Sheerness to scour the waters of the
vicinity has not yet returned, nor has
anything been heard from them.
Grace started from Calais for the Eng
lish shore when apparently he lost his
bearings and instead of continuing
toward Dover, steered his aeroplane to
the northeast, and over the North Sea,
Efforts to find him on land or water
have continued ceaselessly since Thurs
day evening.
It is feared that the petrol of Grace's
aeroplane became exhausted before he
got his true reckoning and that the
aviator perished in the sea. There was
still hope to-day that he had been iricked
up by a passing vessel, but if such was
the case word of rescue should have been
received by this time, and friends of
Grace and the thousands who are inter
ested in his career as a sportsman fear
the worst
Calais, France; Dec. 24.— 1t was ru
mored here to-night that the crew of a
fißhing boat had seen Cecil Grace, the
aviator, fall into the North Sea, but tele
grams of inquiry dispatched to the
mayors in the towns and villages of the
coast of Belgium and Holland were all
answered to the effect that there was no
news of the aviator.
Nothing definite was received yesterday
by the office of W. B. Grace & Co. in this
city concerning the loss of the young avia
tor, Cecil S. Grace, who disappeared while
attempting to cross the English Channel
last Thursday. The only communication
which reached them from the other side
was a cable dispatch that arrived In the
morning, bearing the message: "No news."
The family had 'not been notified of the
picking up of a deserted airship in the
North Sea up to a' late hour- last night.
Christmas greetings were received from
Joseph Grace, now in London for the holi
days, but his dispatch contained no men
tion of the accident.- from ••vhlch fact the
family concluded that the rumors had not
ljf-< n confirmed.
RAIN. WESTCHESTER'S PRESENT.
The rain that fell on ..Friday night and
yesterday morning was the best Christmas
present the people of Westchester County
received. In Northern Weafcfceetar partic
ularly the drouth wan being felt keenly.
The warm rain melted the snow, and
Mieams aM wells '.filled fiim-UljV There was
mil rejoicing over nature's Christmas
present.
FOUR PARTS-
ANOTHER ONE!
CHRISTMAS WEATHER
Fair in the East and Colder on
Monday.
Washington. Dec. 24. — Generally un
settled weather is the forecast of the
Weather Bureau to-night for Christmas
Day and Monday. In the Eastern states
it will continue fair, but will probably
grow colder by Monday. Rain or snow
is predicted for the Middle Western
states for Sunday and Monday. The
states between the Mississippi and the
Reeky Mountains -will have unsettled
weather. It is expected that the states
north of this section will have snow for
Christmas, while the Southern states
are expected to be visited by rain- West
of the Rocky Mountains there will be
unsettled weather fur Christmas, with
little precipitation.
HIS STEAK WAS BELATED
So Newsboy Kills Waiter in
Restaurant.
St. Louis, Dec. 24. — Enraged because a
steak he had ordered in a restaurant was
not served promptly. John Bennett, aged
eighteen years, a newsboy, this after
noon drew a revolver and killed James
Costas, a waiter in the restaurant.
• Bennett then excused himself to the
other diners for the disturbance and
walked out. He was ai-rested two blocks
from the restaurant.
HELD HERE AS FUGITIVE
German Arrested as Forger on
Baltimore Complaint.
The police received a telegram last
night from Baltimore asking them to
look out for the arrival of Ernest Singer,
a German, at the Pennsylvania station,
as the man was wanted on a charge of
passing bogus checks. The telegram
gave a description of Singer and that of
a young woman who, it was said, would
meet him here.
Detective Gaynor was sont to the
Pennsylvania station, and soon after
ward a couple answering to the descrip
tions given met and began an earnest
conversation. Gaynor stepped forward
and arrested them. The man said his
name was Ernest Singer, that he was a
German and that he had just come from
Baltimore. He denied emphatically,
however, that he had a part in the pass
ing of bogus checks, and in this he was
joined by the young woman.
Singer declared he was a captain in
the German army and that his father
was a man of wealth in his native coun
try. He said he was in this country for
the purpose of buying cotton for his
father, and that he had engaged rooms
at the Hoffman House. Gaynor, in com
pany with Singer and the young woman,
went to the Hoffman House and verified
Singer's statement.
Despite the apparent sincerity of the
couple. Singer was taken to Police Head
quarters on a charge of being a fugitive
from justice. He will be held to await
the arrival of a warrant from Baltimore.
MAYOR AFTER SPITTERS
Complaint Causes Arrests on
Brooklyn Bridge.
Persons who are in the habit of ex
pectorating promiscuously had better be
careful when they cross the Brooklyn
Bridge. Mayor Gaynor is after them.
Last Monday afternoon when the
Mayor was taking his usual walk home
ward he noticed a number of people spit
ting on the promenade. He called the
attention of a policeman to the offenders,
and the Mayor's observations on the sub
ject were duly reported to Acting Cap
tain Bourke of the bridge squad.
Bourke put some special men on duty
on the promenade, and since Monday
there have been two arrests a day on
the average of persons w! > violated the
Board of Health regulations against
spitting. All were released in court with
« reprimand.
FIFTY-SIX PAGES.
MAY PUT HAVEMEYER
VIOLIN UNOER HAMMER
Rare Stradivarius Now Among
Seized Goods at the
Appraiser's Stores.
BROUGHT IN FIVE YEARS AGO
Family of Late Sugar King
Pleads Statute of Limitations,
But It Is Said Not to Apply
to Smuggled Goods.
Violin fanciers in this country may
have an opportunity soon to buy at pub
lic auction a rare Stradivarius, once the
property of Henry O. Havemeycr, in his
lifetime president of the American Sugar
Refining Company.
The instrument is now in the posses
sion of Colonel Story, deputy collector of
customs in charge of seized goods a. the
Appraiser's Stores, Washington and
Christopher streets. It was seized at
the home of the former sugar man over
two months ago on the charge that it
was smuggled into th^ I'nit^d States
five years ago.
Henry O. Havemeyer was a violinist
of considerable skill, and he was pos
sessed of a passion for the ownership of
the finest specimens of the violin
maker's art. <He .had in his collection
3ome of the best instruments ever made.
One musician described him .as '"a d— d
scoundrel, for he gathered all those fine
fiddles for himself, instead of leaving
them where the public would have a
chance to hear them." The sugar king
loved the violins, however, and had the
means to gratify his taste.
' About two "months ago information
was conveyed to Collector Loeb. at tne
Custom House, that a Stradivarius
known as the Klieswittpr had - been
smuggled in and was In the Havemeyer
collection. Special agents of the Treas
ury were put to work on- the case a id
their inquiries took them to Boston.
They gathered ■ the information that in
the summer of „ 1905 the second officer
of a ship entered 'at : the port of Bos
ton delivered at the Hotel Somerset." in
Boston, to a representative of Henry O.
Havemeyer the valuable Plea ■liter!
Stradivarius, • which was - subsequently
brought to New York and delivered to
Mr. -Havemeyer himself. ' -
Acting upon this information, the apo
dal agents called- on the members of the
Havenveyer family to surrender the
famous violin. They complied readily
when informed of the circumstances un
der which the officers said it had been
brought into the .country.. .
. Suit has been begun -in the federal
District Court ; to have the violin de
clared forfeited to the government on
the ground that it was smuggled. i Coun
sel for the Havemeyer family have en
tered . a plea opposing the government
suit, on the ground that the statute of
limitations precludes the recovery by the
government of the famous Instrument.
No denial of the allegations that the vio
lin* was smuggled into the country as
alleged is made in the plea.
The federal officials hold that the suit
must be successful. The statute of lim
itations applies in . the case of goods
that have been undervalued. These can
not be seized three years after they
have .been imported. In the present
case, however ,the violin was. never en
tered at any custom house, so that the
government claims the right to seize it
wherever It can be found
No mention has been made so far of
the price paid by Mr. Havemeyer for tie
violin, though it is understood It ran high
into the thousand*
PRICK FHE CENTS
OPERA SCORES LOST.
STRAYED OR SEEN
Six Sent by Express to Dr. Chad
wick by Waiter Damrosch,
Are Missing.
SENDER MUCH PERTURBED
Works Among Those Submitted
to Metropolitan in $10,000
Prize Contest — May Be
No Duplicates.
The six best scores submitted In th«
Metropolitan Opera House competition,
in the estimation of Walter Damroach.
one of the judges, are lost, strayed of
stolen. Mr. Damrosch. directed his *•'*-
retary to bundle them off to George W.
Chadwick. another of the Judges and a.
director of the New England Conserva
tory of Music, and that was the laat h*
could learn about the scores, so yester
day he called in the police to enlighten
him a3 to their whereabouts.
The Metropolitan Opera. Company had
promised to the successful competitor a
cash prize of $10,000. The manuscripts
other than that of the prize opera might
prove worth considerably more than tneir
weight in gold, but Mr. Damrosch «••♦-
mated the job lot at from $40,000 «•
$50,000. The worst of it all, according
to Mr. Damrosch. was the improbability
of the composers having retained copies
of their work. so the loss would be irre
parable to them and to the world in gen
era!.
Express Company Acts.
An official of the Adams Express Com
pany from the branch office at No. 1257
Third avenue called at the East rVTth
street station last night, accompanied
by a driver from whose wagon a pack
age containing the scores was stolen or
lost while it was standing in front of No.
320 East 63d street last evening.
. The driver told Lieutenant Breen that
the package was one of two he had re
ceived a short time before at the horn* ■-•'
Walter Damrosch. No. 146 East 61st
street, addressed to George W. Chad
wick, in Boston.
Mr. Damrosch, when reached by tele
phone, was greatly perturbed by the
news of the theft.
Mr. Damroseh. Mr. Chadwick. Charles
M. Soeffler, the composer, and Alfred
Hertz, former conductor of the Metro
politan had been appointed t 'i» jud^M
of the contest, and of the fwenty-flve
scores that had been submitted Mr
Damrosch selected six.
The driver, whose name could not t*
learned, told the police that -when the
packages were handed to him at the
Damrosch home they were valued at
$1,500.' ,
He explained to Mr. Damrosch's reprs
sentativs that goods valued at more than
550 were liable to a special insurance
rate. The valuation was then changed
from $1,500 to $40.
There were only the two packages left
in the wagon when the driver went into
the tenement at No. 320 East 63d street.
He had been in there about ten minut?3.
and when he returned to his wagon one
of them was gone.
Detective McGee was assigned to the
case.
The block in which the packages was
stolen houses a number of character*
known in police parlance a? guerillas-
It was only a few doors away that the
Rizzo and Longo boys were held in cap
tivity by their kidnapper.". Longo ■ ■
found at No. 330 and Rizzo at No. 332.
.The police do not understand what th
guerillas want with high brow music,
and they feel certain that the thieves
were not aware of the contents of tn
bundles when they took then:.
'Offer of Prize for Opera.
The prize competition for an opera in
English by an American born composer
was announced by the directors m "•
cember 15, 1908. The winner a? to
concede the rights of the opera in th'
United States. Cuba. Mexico and Can
ada to the Metropolitan for a period of
five years.
The performance was not la HMejlM
more than three and one-quart-.r beeOTf
time, including intermission.
It was to be produced by the V
politan during the j*-asiTi following it*
aiceytanc .
•; The contest was to open on December
20. 1908. The circular further specified:
'•The -award will be made by a jury of
recognized " authorities selected by th«
board of directors of the Metropolitan
Opera Company. The agreement of at
least two-thirds of the jury is necessary:
for a decision. The jury at its discretion
may reopen the contract for I period of
eighteen months."
But if the best laid plans e> •!!'■ and
men gantj aft agley. this seems espe
cially true of movements for the uplift
of art. Some of the composers held back
until the names of the judges should be
made known. Others asked for an ex
tension of time in which to complete or
revise their works before submission.
Last summer Otto H. Kahn. chairman
of the executive committee of the Metro
politan Opera Company, announced that
the time limit of the contest, had been
extended to September 15, .1911. and im
mediately there arose a storm of protest
from the composers whose works had
been submitted within the time limit
against a change in the- rules which
would admit othera to the competition.
The effect of this protest was to causa
the management to return to the tims
schedule originally announced, and th»
composers waited expectantly for week.*
for some intimation as to when th»
judges might be ready to announce their
decision.
Under the rules of the competition
neither Mr. Damrosch nor any of th*
judges could know the ■■..•■-< of th*
composers whose works had been sub
mitted.
50;,.. score or more of the leading mu
sicians of the country "will therefore" b*
wondering to-day as to whether or not
their precious manuscript was so un
fortunate as to win Mr. Damrosch's i?
proval.
Boston. Dec. 24.— The package. accord
ing to Mr. Chadwick. of the New Eng
land Conservatory of Music, probably
contained six grand opera scores whicn
h* 5 had expected to receive from the di
rectors of It:.- Metropolitan Opera Com
t pany of Now Turk.

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