Newspaper Page Text
THE SUN, SATURDAY, NOVEMBER 24, 1917.
DEFECT OF REASON IS THE DEFENCE'S PLEA TO SAVE MRS. DE SAULLES
Continued from Firtt Page.
rloord lis cane early In the afternoon,
producing, union other witnesses. Major
Arthur tl Saulles, father of John de
S.tulle. and John'H elster, Mrs. Caroline
Degener, who ,lold of the snooting.
Onlng to circumstances Hupposrdly In
totting Mrs. de Saulles' condition Jus
tice Manning announced that the trial
would not be resumed until Monday
Mr. Iterhart'a Address.
Mr. Uterhart spoke without notes. The
jurymen looked up at him and he dwn
at them for he la well over I feet tall
and he began :
"This defence Is founded on a ques
tion of responsibility. The shoo tins; of
Jack tie Saulles on August 3. 19I7. Is
not disputed, nor Is It disputed that the
defendant's hsnd held the p'.stol. But
jou mustn't think that means the de
fendJiit is guilty. You who have had
experience In civil cases understand that
after a plaintiff proves his case and the
defendant bays there Is no dispute about
the facts there still may be other facts
to consider. You may hold by promis
sory note, with my signature on It, but
I may prove that I gave you a houre
and lot which discharges the note. That
bilnir us to the line of defence we
"By reason of other Tacts, tne fact of
killing may be recognised under the
law as Justifiable and excusable a de
fendant may be ezbuscd for an act
Raising his voice, Mr. Uterhart went
"I want to say right here that this
defence does not consist of anything
like brainstorms or emotional . Insanity.
It Is within the law. We are going to
prove this woman Innocent under Sec
tion lt:0 of the Penal Law. which says
that no person shall be held responsible
for an act which was committed under
such a defect of reason that the person
did not know the nature or quality of
the act, or that It was wrong.-
Object of the Vmrr.
"Many people think that a person to
be so excused must be a raving lunatic,
with ho more reason than a wild beast
That Is not the law. The object of the
criminal law Is not to take revenge, an
eye for an eye, a tooth for a tooth; it
Is to deter evil persons. We expect to
prove that this defendant was not re
sponsible mentally or legally within the
language of the Penal Law.
"The acts of to-day have their roots
In the past. We have to go back many,
many years. The things I tell you. you
will hear largely from the lips of the
defendant herself. I merely outline the
facts to which I expect her to testify."
The lawyer then told the story of
Blanca de Saullss's life as It seemed
to him In relation to her present plight.
She was it years old on April 9. last,
he said, the daughter of i respected
family which had given two presidents
to the Chilean republic. Irer father
d)lng when she was a year old, she
lived with her mother at Vina del Mar
(Vlneard by the Sea) until she was It,
when her mother put her In the convent
of the Sacred Heart at Roehampton.
Kngland. After three years with the
Roman Catholic sisters the girl re
turned to her mother In Chile.
"When she was IS year' old," con
tinued Mr. Uterhart. "she met de Saulles
for the first time. I think it was at the
races one afternoon, and he was intro
duced by a friend of her family, or
by her brother, who had met de Saulles
through a friend, to Mrs. Errazuriz
and her two daughters."
Effect oat Defendant.
This recital of her girlhood " seem
ing to make no Impression on Mrs. de
aulles, who with downcast eyes sat
at the counsel table and did not look
t the man who was pleading for her.
He went on :
"De Saulles had superficial attractions
ef manner. He heard that the mother t
was going to America and offered lo be "One day de Saulles went awav with
of 'service. He made a faxqrable lm- the Duke of Manonester and Blanca
prerslon. One day In Augustmi. he wenVout on the Sound In August Heck
told Mrs. Erazurlz that Blanqulta was scher'a yacht. They passed the yacht
a trump; thst he loved h.-r and wanted which Manchester hired and never paid
to marry her. He said that he would for. and there, standing on the quartet
not take her away. He was going to dcu n the midst of a bevy of Broad
settle In South America and live In one way's choicest beauties, were the noble
of her houses near her mother's home, lord and John de Saulles.
"With that kind of married life in "Do Saulles was away a month, she
view Mrs. Erraiurlz gave her consent. dldn.'t know wher. Later he told her he
As soon as the engagement was van- had bought the house at 12 East Sev
nounced he told the mother he did not enty-elghth street and had paid $12,000
want her to go to the United States. I for It. He really had paid ST.SOi), and
He said It was too far for a woman somebody, I do not know who, pocketed
with young daughters to travel: that thu difference. She went there to get It
they would find the people rough and ready as a home. He walked In and said
embarrassing. He said 'You had better he was going to Europe. Before sailing
go straight to Paris.' Under hl advice ' he got another $1,000 from her, and said
he did. It wad arranged that he he'd be bark In two weeks. She had a
would follow and fchat he .and Blanca hard time that fall: her money was get-
ould be married la Paris. On December ting low. De Saullea had told her he
13.1911, they were married In Paris by 1 had bought furniture for the new home
the Mayor, and on the next day there from George Young In lieu of payment
a a second ceremony in an English of a debt. But after de Saulles sailed In
tharel. came George Young and. said the furnl-
"They visited de Saulles' s relatives ture was not paid for at all, and she had
In America and returned to Chile In to pay for It.
February, 1912. Then a cloud came over
Rlan.-a's life. The administrator turned She Gars to London.
-curtt!es and title deeds from her
father's estate over to her and she
turned them over to de Saulles. He
looked them over and said to. her :
"'Why, Blanqulta, this is practically
nothing. It Is absurd to call you an
Request for Money.
"Telling Blanqulta's mother that
thertvlse he would have to live In the
1'nlted States and she would not see
her daughter, he got his wife to ask
Mrs. Krrazuriz to send money to buy
an estate In Chile. Tho mother replied
ht she could not afford it, but she
turned over to him property at Vina
"D Saulles went straight to Paris.
Blanca was already in that condition
which makes the roughest and crudest
"f men kind to women. Yet he dragged
this little girl all the way to Paris and
then back to America. They arrived
here In August, 1912, and the mother
"t)e Saulles got Into politics. They
took a cottage at Iarchmont. De
f-tullfs bought a pistol for Blanca. He
toM her he'd be away a great deal In
'he campaign, and that she needed a
weapon to protect .herself. The man In
the shop where It waa bought said he
oiiU1 have to get a permit and would
end It by express. After that she never
had any thought but that she had a
right to possess the revolver, and sho
(ot Into the habit when outside New
Tork and the clti-.s to carry it at night.
'In campaign time she did not see ,
rr.ucu of tie Saulles. She thought noth
ing of It ; she was delighted to know I
that he was active In politics.
"In November, J912, he took her to
his father's home at South Bethlehem,
Then he returned to New York and
"Id $4,000 more of her Santiago Oas
lock, of wlilch he had alreadM disposed
ef J6.000. w
Birth of the Child.
"The boy waa born on Christmas Day,
1312. A few dfys later da Saulles want
lck to New York from South Bathle
bem. After that hit whole attitude and
onduct was one of crus! neglect: He
Just pushad hsr aside. She waa unhappy
t South Bethlehem. Tho old people
did not want her. Old Mrs. tU Saulla's
Wed her whan aha waa going to go
nd expressed vsxatlon bacaus Longer,
the called her ton. had Imposed a
young woman and child on her.
"Jack soent hla ttma'la tba.eltlaa. ao-
Ing lometlmes to South , (tttWaktna: for
waited with her baby at the station,
but he did not come.
"She was then IS years old, alone In
a strange country, In a smoky factory
town. 'On that day the baby's nurse,
Mrs. O'Nell. saw her creeping back
home with the child In her arms, and
heard her say to the baby. 'Oh. Toodles.
daddy doesn't love us any more.' "
Mr. Uterhart allowed his voice to
break aa he said this ; the jurors were I
sitting silent, absorbed In his dramatl-i
cally told story. The hairline of color
in tne defendant s face appeared to .
widen a little, but still she looked only
at the table.
"It was In South Bethlehem," the
lawyer went on, "that her heart and
spirit were broken. By a freak 'of fate
we have one of the letters he wrote at
the time most of them having been
destroyed at the time of the divorce.
It will be read to you. So far aa I
know It was the only time she ever ex
pressed a tingle complaint to anybody.
If ever you Jurymen heard the cry of
a breaking heart It Is In those few lines
to Mrs. O'Nell."
Prom the appearance of the defend
ant's face It seems reasonable to sup
pose that she was heeding every word
of the lawyer, though she did not look
up : certainly every one else In the court
room was attentive. ,
Rerelpts of Money.
After saying that Do Saulles took hi
wife and son to a cottage at Deal Beach
Mr. Uterhart continued:
"But he did not stay there. On Fri
day nights he came down with his friend
Marshall Ward and slept most of the
time until they returned to their work
In the city resting up. In August she
received 125,000 from Chile: he got
$15,000 of it, and before the end of the
year he got over $5,000 more.
"She doe not care about money
we'll show you what she paid for this
wonderful stipulation regarding the 'boy
after the divorce suit. All she wanted
was to be treated right, and she wasn't.
"At Deal Beach she suffered a sun
stroke and the malady from which she
was suffering on August J. this year, be
gan. She was overcome and was taken
either to Roosevelt Hospital or the
8l6ane Maternity Hospital. She went
back to Deal, but In November, 1913,
they moved -to an apartment at IS East
"He was out every night until ?-or S
In the morning. If a dinner party was
arranged he did not show up. If she
wanted to be taken to the theatre he
said it bored him to death. She became
so melancholy she had to see some
"About that time de Saulles was ap
pointed United States Minister to Uru
guay. Her mother and sister having
gone back to Chile, at his suggestion she
took a trip to Europe, to stay until de
Saulles should join her to go to Uru
guay. Before she went he had her sign
two blank checks
Cabled Her to Itetarn.
"No soon was she comfortably settled
In London than he cabled, 'Have re
algned as Minister (o Uruguay; come
back nt once.' 8he replied that she
could not, but he cabled that he had
taken a house at Huntington, L. I., and
everything would be all right. So she
returned in July, 1914. She found' It a
hot locality she had always suffered
a great deal from the heat.
"About this time the Duke of Manches
ter was furnishing a free sensation each
dsy to Jaded New Yorkers, and de
Saulles became his inseparable compan
ion. Old Mrs. de Sauiles wrote Blanca
asking her If she cmldn't atop Longer
fiom running around with the Duke
that there was a scandalous article In
"Blanca got Toicii Toptca and lead It,
and when you hear It read, gentlemen.
I think you till! agree It was not pleas
ant reading for any wife, let alone this
girl of twenty who had given no every-
thing to follow her husband to a strange
"A little later de Saulles cabled for
her and she went to London. He told
her he wat stopping at the Berkeley, but
that she couldn't go there, as It was his
office and persona were going in and
nut; she was to go with a Mrs. Munoz
to another place. All her friends were
scandalized by the situation. She was In
I.ondon seven days, and not a single
day I do not think It was intentional
without some kind of insult One day
she called at the Berkeley and said :
" 'I'm Mrs. de Saulles.'
" 'Which one?' says the clerk.
"That may be a funny story," Mr.
Uterhart continued, "but It wasn't funny
to this nlneteen-ycar-old girl.
"De Saulles went to Parks, telling her
she couldn't go, and she went back to(
America, arriving on Christmas evt,
1914, alone except for her baby boy."
Then, said Mr. Uterhart, there came a
sesles of cable messages from de Saulles
alternately bidding her Join him In Eu
rope and stay at home. She hid her
trunks on a ship when he announced
that he was returning, which he did, and
they went to live at 22 East Seventy
"There life became unbearable," tho
counsel for the defence said. "De Saullea
was drinking, and after dinner he fell
asleep, or If they went out it must be to
a cabaret. She could not stand It. She
told him she was going away. Ha said :
'Maybe you are right. I could never
marry any one and settle down. There
Is no use In spoiling both our Uvea, You
get a divorce and you can have the boy.'
Planned at Trip to China.
"She Is a Roman Catholic marriage
Is a sacrament Indissoluble by human
hands. She went back to Chile with
her boy In August, 1915. Sha planned a
trip to China, but de Saulles .wrote,
'Come back for the sake of the boy.'
Ana tiar.b ah want In Ha met her
at the pier and the waa distressed ;
h InnkeH mn rilulnatnl. tth thoUKht
she was going to hla apartment at 4 I "Then tfie look came Into de Saulles's
West Fifty-seventh street, but ha ex-1 fce which Blanca and Suzanne knew
plained It waa bachelor apartment from tlx years- experience It meant
and that everybody would be shocnea If , that de Saulles was going to do some
women came In there. He took her to thing mean snd vicious. She knew It.
ii K-... m.t..,th .irMi. I "At that she felt at If s blow had
"Every day de Saullea cam to take
the hoy for s walk; One day they ra -
turned with m bouquet and k card read -
Ing To our one and only sweetheart
bi. T.ok m-A t.oii. j.eW T kna.
band told htr how thiy had gone to the
menagerie snd how the boy luut poke.
a,lkm,'snd to pa. , After,, the husband
Mo.foeetns.Byasiai -xm, wsw aay
to tell her. 'lie calls her Joe and atked
me to call her Miss Joe.' the boy said.
"Miss Joe," explained Mr, Uterhart,
"Is a popular Broadway dancer, who
was corespondent tin the de 8aulles di
vorce suit." He did not mention the
full name of the corespondent in that
suit Joan Hawver.
"One night," Mr. uterhart went on,
"Mrs. de Saulles went to dinner at the
West Flfty-stventh street apartment of
n husband. She said to her husband:
'"as any women ever ttaytd In this
"panmem wnn youv no said 'No.
She said, 'Swear on your honor.' And
he swore on his honor. It was after.
ward shown In the suit that at this place
he had been entertaining 'Miss Joe' all
"he Derides on Divorce.
In May, 1916. the lawyer said, the
de Saulleses went to Westbury and the
husband's conduct became so unbtarable
that she decided to get a divorce. She
fried to get Information for evidence
from Jules Hademak. the valet, but he
was silent. So she went to the Diamond
Detective Agency and finally to the law
flnrr of Prince & Nathan, 19 Cedar
ftreet. When she got the necessary
evidence, on July 20 or 22. she left West
bury and moved to the Majestic In New
"De Saulles," Mr. Uterharf continued,
"sajd he would never give up the boy,
that he would fight In every court In
the country. The lawyers told Iter that
the court would recognize the father's
right to tile boy, that there .would be
complications because she was a Chilean
and would be an alien after the divorce.
So under these circumstances she signed
the stipulation which the State has
offered In evidence. It meant she was
lo have the boy five months and De
Saulles was to have him five months,
and during the war she could not take
htm out of the country, and after the
war could take him only to England.
"In August, 1916. her sister came
from Chile and found her 'n bed with
nervous prostration. The brother also
came, and they said. 'Blanca, you've
got to go with us.' She said, 'No, I
won't leave the boy.' About the first of
November, when It was her turn to
have the boy again, she telegraphed to
old Mrs. de Saulles to send the boy to
the Hotel Gotham. But she got a tele
gram from Jack saying he and the boy
were at Atlantic City. She sent a man
to Atlantic City, but they were not
Mr. Uterhart turned to another al
leged Incident of the drama. He said
that when fie boy was with his father
a nurse named Mrs. Mooney cared for
him. Ho called her Booby and Ills
"One day," the lawyer said, "the boy
told the mother that Booby loved him
more than Bomby did, and he would
throw himself on the floor and have fits
of passion. He would say to his mother
at these times, 'I forgot. Booby told me
I must be as bad as I can be.' He
told his mother about teas at 4 West
Fifty-seventh street and of ladles who
were there. Of one of them he said,
'It's funny her name Is Mrs. Brown, for
her hair Is so light and he said that
daddy had bought the lady a bracelet
In a store when he was along."
When the Interlocutory divorce was
granted. Mr. Uterhart said, Mrs. de
Saulles realized that if she wanted to
see her boy she could not go back to
Chile. For that reason she asked the
father, before the final decree was en
tered, on May I, 1917, to alter the stipu
lation regarding the boy's' custody. Be
fore this, said Mr. Uterhart, De Saulles
had had her deed the Seventy-eighth'
street house to Stephen K. Tuthill, his
secretary. De Saulles's lawyers wrote
that the best offer for the house was
$5,500 over the mortgages. She thought
she ought to get more, but the lawyers
told her not to press her claim, in view
of the altered stipulation that she de
sired. The proceeds of the sale turned
out to be $14,500, according to Mr.
The storv was brought up to June 1
of this year, when De Saulles took
the boy to Westbury. She went to see
kin . .1,- tj- .i m. ,. Mm-
him i,rn.h. i,.r a. rtoK n
,.flii , ,.,., '
. ...,. ., ,
Coin to Have -Two Mother..' I
"One dav." said Mr. Uterhart. "the
boy told her'he was going to have two
mothers that his daddy told him Miss
Slupley was going to be his mother and
would love him as much as Blanca did.
De Saulles wrote her that the Box was
little Jack's home; why not let him stay
there, and she could go to Westbury
and iuri,l a nmntli at th P.ov. She
did not answer.
"On July 1 de Saulles called her a'
the Hotel Wentworth : he xxanted the
boy sent out. She slid she wanted to
keep him all the minutes she was en-
titled to. She said, 'If 1 let you have
him for the first three days of July
will you let me have him for the same
time In August? De Saulles gave his
word of honor that he would do this.
On July De Saulles sent her the boy,
and on the same day he wrote her that
the boy was hers until August. This
letter will be Introduced In evidence."
Mr. Uterhart pounded the table us he
said this. It was the first public sug
gestion that such a letter existed. He
"Sho was areadtng the influences
thrown around the boy. There wat ter
ribly hot weather- beginning July 20.
One day rhe noticed that the boy's
clothes were net. He said Ellen, the
cook at the Box, had put Ice down hi'
back to keep him cool."
On Friday, August 3 (the day of the
j shooting), de Saulles telephoned her that
ne was senuing a woman over to jtosiyn
to get Jack and that he would send Ellen,
the cook. She told him that the cook had
put Ice down the boy's bock and that he
might get pneumonia. De Saulles re
plied: 'Oh, he Is strong; he can stand
Had a Terrible Headache.
"All that week she had had a terrible
headache, for which we will show a spe
cific reason. By 7 o'clock little Jack
was not home. She called up the Box,
the wire waa busy; she called up again,
and the valet, Hademak, told her de
Saullea would be at the club for another
"She 'phoned to D. Stewart Iglehart,
her oldest friend, who married a Chilean
and who was a member ot W. R. Grace
t Co., 'Will you go over with me? I
want my boy back and they are keeping
him.' Mr, Iglehart replied, 'No; It Is
too delicate a matter. I'll send my motor
and you come here to dinner,' She
replied, 'No : I want to get Jack and put
him to bed early after dinner,'
"She took the pistol to protect herself
along the lonely road. She never ex
pected to see de Saulles, In front of the
house she saw an auto and saldto the
maid, Suaanne, 'I hope lte hasn't gotten
bsck.' When she met de Saulles in the
house she said to him. 'I don't think It Is
! vtry nice for you to keep Jack this way.
I have been worried to death.'
'TOU Can't hSVS him.'
tie sai. i
l struck the top of her head, a tremor of
'patn going through her brain. All was
, blank and the Iumw nothing more until
the woks up in the Jail. She was as a
I dead woman."
, , ,
Mas ( tfM MeToaUd.
' "J ,
v.r. wiw "mm mm u
tasMtfa tkmn of hirssthyreaelt.
Island College Hospital and hta col
league, Dr. Louis C. Johnson of Johns
Hopkins. Dr. Cleghorn, the county phy
sician, was alio present at their Invita
tion. "They found Blanca lying on her bed.
She waa not the woman you tee before
you now after months of care, attention
and treatment. She was dazed, listless,
taking little notice of her surrounding,
and giving all the sign of mental con
fusion and mental lethargy,
"She complained of severe pains In
her head, and her whole demeanor was
as If the saw no occasion for the doctors
being there, and much preferred being
left alone and not put to the trouble
of answering questions, Her temperature
was low, way below normal, and they
could scarcely feel her pulse beating;
her face was ghastly white, and then
these doctors went systematically to
work to determine the cause of this con
dition, to determine why she was so sick
and vale and weak and confused.
"And they found It. gentlemen : they
found that for some time she had been
suffering from a disease which affects
the nervous centres and the brain, and
which rendered her Irresponsible and
brought on the mental ' confusion the
night of the shooting. Ilypolhyreosls,
the doctors call It.
"For a full and clear explanation you
will have to wait until you hear the tes
timony of the doctors themselves. I
nm going to try to tell you what hypo
thyreosls or a hypothyroid condition is
in plain, untechnlcal language.
"Briefly, a hypothyroid ondltlon Is an
atrophy, or dying, of the thyroid gland.
"The thyroid gland Is located just at
the base of the larynx . and is divided
Into two parts, one of which lies on
either side of the windpipe, with a con
necting strip between them. It is full
of blood vessels, and day and night this
gland Is secreting a mysterious sub
stance which is known as the thyroid
extract. And as the gland goes on with
Its work and) makes Its secretions It
pours It Into the blood stream as It
passes through the body.
"This thyroid secretion stimulates the
activity of the different cells of the
body, but particularly the cells of the
nervous system and the brain, and if
the atrophy proceeds far enough the
patient sinks into a state of hopeless
mental Infirmity and finally death en
suet. Typical Symptom,
"Now one of the most typical symp
toms of a hypothyroid condition is what
the doctors call circumscribed cedema.
An cedema. In plain everyday language.
Is a swelling caused by the watery por
tion of the blood oozing through the
blood vessels into the surrounding tissues
and raising a lump or swelling.
"When a child falls down and hits
his head and gets a lump on his head
as a result of the fall that lump is an
cedema. The force of the blow drives
the watery fluid from the blood Into the
surrounding tissues and raises the
swelling. These circumscribed swellings
In disease of the thyroid gland appear
all over the body like dropsy.
"The doctors also found a tender area
on the head which was depressed below
the level of the skull. In order to find
out the cause If possible of this depres
sion, of the constant and agonizing pain
In her head, they brought an X ray ap
paratus out to the jail and took an ac
tual photograph of her skull, and when
the plate was developed and the doctors
looked at It they found a depressed frac
ture of the skull an Inch and one-half
In diameter and three-eighths of an Inch
deep, and the crack or break Is still un
united. It is just about four Inches
above the root of the nose and is located
over the frontal lobes of the brain, the
ihc where all the higher faculties of
the brain exist, the Judgment, the reason
"On that night." Mr. Uterhart con
cluded, "she waa not responsible. She
not .,n.e nalur of her act or that
"f was ao.ng wrong one was noi a
criminal, but an Invalid.
District Attorney Weeks shot up to
k the court to tell ths Jury that this
aildrc.-s was not to be taken as evidence.
I Justice Manning temarked mat state-
ments Dy counsel were not. evioence ana
tnat ne woui,i instruct the Jury later how
much of the address was to ne consld-
ered as evidence.
"I also object." said Mr. Weeks, "to
the ungentlemanly way In which Mr.
lTterhart referred to "old Mrs. d
"Probably he did not mean 11 ; It was
Probably made In the heat of argument.
me justice said
Mr. Weeks asked for permission to
have the State's medical experts ex
amine Mrs. de Saulles."
"If he had made the request at a rea
sonable time It would have been granted,"
said Mr. Uterhart. "but coming after
.. n, a,v. In rmm It
.., t refused "
I made the request some time ago,"
said Mr. Weeks.
"You never did until yesterday," re
torted Mr. Uterhart hotly.
"Y.our word against mine," said the
"I'm sorry we hax-e to disagree," shot
back Mr. Uterhart. sitting down.
At this point the Judge said that he had
Intended to sit in the case to-day, but
because of certain circumstances (which
were construed as the condition of the
defendant's health) the trial would not
be resumed until 10 A. M. Monday.
Marshall Ward Testldea.
The first witness yevterday, testify
ing for the State, was Marshall Ward,
the friend of De Saulles who was. with
Mni at the time he waa shot. He told of
l.n.l-ann at Sh.r.l'1, Ufltt. TX
Saulles, Mrs. Caroline Degener and Dud
ley Field Malone. After luncheon Mrs.
Degener, De Saulles and Ward motored
out to the Box, where they found Major
de Saulles. It was then Just before S
Ward described with the aid of dia
grams the plan of the rooms on the
lower floor of the house, ana showed
where the furniture was placed. After
dinner the phonograph was played, he
ild mnA TXe simille rnmneri with Ills
f boy until Mrs. Degener took the child
up to bed.
"The Major was lying on the couch
In the UvInK room," said Ward. "Jack
was lying by the wall at his fathers
feet, and I was on a stool near, I heard
a voice say, 'I want lo see Mr. de
Saulles,' then I looked up and saw Mrs.
de Saulles. She had stepped through
the door Into the living room. ' Jack
and I got up.
Jack went over and put out his hand
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and said, 'How are you, Blanqulta? I
went over to the mantelpiece,
"'I want to take little Jack home,"
Mrs. de Saulles ald.
" That Is Impossible : this Is my month
to have him,' Jack said.
" 'But I want him,' she said.
"The last I heard him say was, 'Well,
I'm not going to argue with you ; this Is
my month to have him.'
"Oaty One Thins lo Do."
"I had left the mantelpiece and gone
to stand by the piano. They were stand
ing about three feet apart. When Jack
ssld he wouldn't argue with her he
turned his back upon her, and she said,
'Then there's only one thing to do.'
"I saw the flash of the gun and I
heard four shots In rapid succession. I
saw Jack stagger forward but I did not
see him fall. As soon as I could collect
myself I went over to Mrs. de Saullea
and seised her arm. She said 'It had t'J
"I went to the telephone to call a doc
tor and after that went back to the
living room to see what I could do. Then
1 called up the doctor again to see why
ho had not come and went out on the
porch to watch for the headlights of his
"Did you see Jules Hademalc at the
time of the shooting?" Mr. Ward was
asked. He replied that he did not.
"Was any one with Mrs. de Saulles?"
"Yes, a woman, her maid, stood by
"When did you see Jutes Hademak?"
"I saw him In the hall and living
room after the shooting."
When Mr. Uterhart picked up' the
cross-examination of Ward, he took him
over the long standing friendship with
De Saulles, a friendship that had lasted
eighteen years. Mr. Ward said he made
the office of Hecksher & De Saulles his
headquarters, and that he was associ
ated In business with De Saulles.
"Little Jack called you Wardlman,
"Yes." waa yie reply.
"When Mrs. de Saulles came you
didn't want to hear what she said,
"I got up to greet her, but when I
heard her mention little Jack I would
have left the room if I could : t didn't
want to hear a family quarrel," Ward
replied. "I could not pass her to get
to the door."
"There was a door by the piano; why
didn't you go out that?"
"I didn't think of it."
"But you could haxe gone out o:,
the porch without brustitng past Mrs.
"Yes. but I didn't think of It." Mr.
Ward again said.
"As a matter of fact y6u stayed
where you could hear every word of
the family quarrel, didn't you?"
"Not Intentionally. I don't know
whether 1 heard every word, or not. I
don't know what I missed."
Mr. Uterhart suddenly switched his
tactics and began to burrow Into Ward's
past In an effort to discredit him. He
asked. him If he had ever been convicted
of a crime, and when Ward said he
had not Mr. Uterhart offered In evi
dence a record of Ward's conviction for
disorderly conduct In a New York mag
"Weren't you convicted of using loud
and boisterous language and refusing
to leave Rector's while Intoxicated."
asked , Uterhart sharply.
"No. I was convicted for disorderly
conduct. I was arrested for lighting
"And committed to Jail because you
couldn't pay your fine of $10?"
"Because 1 didn't have any money
with me." said Ward. "I was com
mitted until I got the money."
A little later Mr. Ward explained thst
he had been annoyed while at dinner In
Rector's by some persons at the table
next to his, and that when he spoke
to them a fight started. He said he
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was allowed to wait In the magistrate's
office while he sent for money.
Mr. Uterhart then dived Inti the wit
ness's history a little further and asked
him about a suit brought by Miss Mary
Itlley against the Paul J. Ralney. Pier
Company, t Mr. Ward sold Miss Riley
bonds worth $30,000.
"Don't you know that you sued the
Ralney company for commission and
that their defence was that you had
been guilty of fraud in selling the
"I know they lost the verdict after
the Jury was out ten .minutes."
"And that the Appellate Division re
versed the decision."
"On a point of law, I understood,"
Mr. Uterhart then read from the de
cision of the Appellate Division which
cited that Mr. Ward had misrepresented
the facts concerning the bonds to Miss
Mrs. Degener showed bltternesa In
her replies when she took the stand
for the prosecution, Her eyes were
sharp and her voice displayed bitter
ness when she spoke.
She said that she was com In down
the stairs with little Jack to say good
night to his father, and was about four
steps from the bottom when the white
faced mother walked In to confront De
Saulles. Mrs. Degener Involuntarily
"When Mrs. de Saulles saw me she
said : 'Rood evening. Caroline. I wish
to tee Mr. de Saulles.'
"I called Longer that was the name
I always called him by. She went on
to the living room and 1 heard her
" 'I want my boy,' and I heard him
say: 'You can't have htm. It's my
month. That's all there Is to It.'
Seised Her by the Arm.
"When she came o"ut of the room I
seized her by the arm and said: 'Blan
qulta, Blanqulta, what have you done?"
She said: 'I'm sorry. It had to be
done send for the police.' "
Mrs. Degener did phone for the po
lice but could not remember Just how
long It was after the shotting. Neither
could she temember where she saw
Jules to tell hlin to get a doctor. She
denied having spoken to Mrs, de Saulles
when the latter was waiting on the
porch for the police to arrive.
Major de Saulles, the father of the
slain man, was the next witness and
told his story In an even gentle voice,
lie was an impressive sVgure because
of his restrained sadness ana his lack
of severity, and every eye In the court
room was turned toward him with evi
dent sympathy, lie seemed a bit sur
prised when the District Attorney asked
him It he knew Mrs. de Saulles. He
looked first at the prosecutor and then
at his former daughterln-law, and said
In a strained voice :
"You mean Mrs. de Saulles, John's
"Yes ; do you know her?" the prose
cutor asked again for the sake of legal
"Well, I think I ought to." the Major
replied. He told of Mrs. dp Saulles com
ing Into the room and of the shooting.
"What was your son's position at the
time she shot him?"
"He had turned so he waa facing the
"Was his back toward her?"
"Completely toward her" was the
answer a fact on which the District
Attorney laid much stress.
"What did your son do after the shots
"He staggered to a chair on the porch.
It was only an instant before I was
at his side. I said: 'John Is badly
wounded.' and I began to look -for the
wounds but couldn't find them. His
arms seemed to be broken."
Mr. Uterhart did not cross-examine.
I Itovolvrr Is Kxhlblted.
Constable Leonard Thorn, who with
Sheriff Seaman made the arrest told of
Seaman asking Mrs. dp Saulles where
the revolver was, and she told him she
I had put it on the shelf In the hall. The
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BROADWAY AT NINTH, NEW YORK
revolver wan produced and Identified,
but apparently the sight of the shining
Instrument had no effort on the mind
of Mrs. do Saulles. It was the first
time she had seen It since that nlht.
Thorn ulso told of Mrs. de Saulles
telephoning to Capt. Philip M. Lydlg,
and of her asking tho Captnln to get
ball for her maid, so tho girl could get
out the next day. When hn hung up
the phone she said : "Alt thin, my Ood,
my Ood, that makes me tired."
Thorn nnd the Shori-T, who followed
him on tho stand, hotr spoko of Mm.
do Saullcs's extraordinary pallor on the,
night of the shooting and of her strained
air of composure which alarmed the
SharlA so that ho had u clothesline
which was In her cell removed from It
for fear she might do herself Injury.
"Did you hear Mrs. dc Saulles nsk
while coming from Hempstead to the
Mlneola Jail : 'Will they electrocute me
right nway?' "
"Somebody said that while we were
In the car," said the Sheriff, "but 1
don't know If she said It."
The attitude of Mrs. de Saulles when
the Sheriff first nrrlvcd at the tie Saulles
house, on the drive over, nnd after she
had reached the jail made a profound
Impression on the Sheriff and his recital
of It also seemed of great interest to
"In my Judsmcnt she was far from
being a well woman," he said. "She
walked Into the Jail with her hands In
the pockets of her sweater and said
that tho place looked like a zoo. She
gave a funny little laugh every once
In a while. There was a clothesline In
her cell and I took It out I was afraid
she might make away with herself.
Her Itemoval Recommended.
"f didn't think she was quite right
and phoned fjr Dr. Guy Cleghorn, the
Jail physician. After he had examined
her he advised me to have her removed
from the cell to a room. I got a certifi
cate from the doctor which said that
the removal should be made on account
of her extreme nervousness and mental
This certificate against the introduc
tion of which the District Attorney made
some objection, read :
"Sheriff Seaman: On account of the
extreme nerousness and mental con
dition of Mr. Blanca de Saulles It
would be very unwise to confine her to
a cell for her own safety.
Justice of the Peace Jones also told
of being surprised at Mrs. de Satilles's
unusuil coolness when he questioned
her after the shooting.
The State drove swiftly to the end of
its case after the noon recess. Wllllnm
A, Jones, acting captain and small arms
expert of the New York Pollen Depart
ment, examined the revolver with which
De Saulles was killed. The District At
torney asked hlin what kind it was.
Capt. Jones said It a a .S2 calibre
safety hammerless Smllh Wesson re
volver. "It has a hafely lock and ie
quires pressure of the hand to be dis
charged," he explained. "At the H.une
tlmo you have to prlp the case with the
hand and press tho trigger with the
fingers to tire It. Pressuie must be
exerted for each shot."
Copy of dr taullrs'a I.rtter.
In closing the State's case District
Attorney Weeks offered In evidence a
letter, dated May 2 last, written by De
Saulles to his former wife making con
cessions regarding the custody of their
son. After reviewing tho conditions of
their previous agreement Mr. de Saulles
wrote: "Our one thought In life must
always be for Jack's welfare, for we
have made his start bad enough as It
js." The letter, which was introduced
to show' that Mrs. tlo Saulles had un-warranted!)-
demanded the custody of
the boy on the night of the shooting,
continues In part:
Therefore, 1n order to give you an
opportunity to take a trip or trips to
Chile with our boy, I agree that, so
long as you obey the terms of the flnnl
decree. In spirit and letter (as I have
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no doubt you will). I will walvo cer
tain of my rights under It, and under
our stipulations. In order that there
may bo no misunderstanding now or
In the future as to what rights I waive,
I now net the matter out In detail as
iMy agreement relates only to that
period of our boy's life which Is de
scribed In the second numbered para
graph of tho final decree, namely, the
period between tho time whan England
Is at peace and tho seas arte safe for
travel and our boy's eighth birthday.
I agree that, from now until our boy's
eighth birthday, our respective, rights
to his custody shall be for the times
and periods described In said para
graph second of tho final decree, and
I further agree that whenever your
period of custody, from November to
May, Inclusive, cornea nround, you may
tnke a trip to Chile with Jack during
that prlort, subject to the same limita
tions ns to return and otherwise as are
provided In said pnragraph second
with regal d to travelling In England,
provided, of course, that the seas are
safe for travel.
1 tlo not waive the question as to
whether the seas are safe for travel,
hut I agree that If a"t any tlmo during
your seven months of custody you
apply to tho peri-ou now occupying the
ofilco of Ambassador from Chile to the
United States, for n decision of this
question, nnd he decides that the eas
nro safe for travel, I will regard his"
decision us conclusive upon me,
Division of Custody.
As, under Ihe agreement, your light
to make such nn application, and to
take the child to Chile, will not begin
until November first next, when your
first seven months' period of custody
begins, and as, under this agreement, I
would be entitled to the entire custody
during the months of May to October,
Inclusive, of this year, and as I think
It would be a hardship on you, being
In this country, to he deprived, during
the whole of those months, of Mie cus
tody of our boy, I agree that during
that period we shall take custody of
our boy alternately, for a month at a
time, you to hoc custody of the boy
during the months of May, July and
September, 191", and 1 to have 'him
during the months of June, August and
October, 191". This Is upon the under
standing that If, during your sevesj
months' period beginning November 1st
of tills year, or tluilui; any one of
your aulu-equent seven months' periods,
you du not tnke .lack to Chile, and I
am thus In the same country with him,
I (.halt have the right to take his cus
tody for three months out cf your
rex en months' peilod, namely, the
months of December, . February and
April; tmd further, to compensate you
for tho time you would lose In that
xay, 1 agrr that If I take advantage
of this prix liege you xvill have the
privilege during my five months' pe
riod xxhlch follow after the end of
your sevt n months' period, namely, for
the months of July and September. If
1 do not exercls-e my privilege to take
Jack for tho full three months out of
your seven months', then your two
months' privilege (to be taken out of
my five mouths) shall be cut down in
In this connection, I remind you of
the provision of paragraph numbered .
"Fourth" of the final decree, giving
each of us the ilsht, when the other
has the custody of the child, to take
him away for three hours at a time,
which paragraph will, of course, apply
and be In full force and effect as re
gard the modified periods of custody
established by this agreement.
If you xvill xvrlte me assenting to
this and promising that you will abide
by It, we xvill consider the arrange
ment In effect.
The xvlfe'fi reply xxan dated May t.
Sin xx rote tint Ills letter xvas "entirely
.itlsfactnr) ," ptomlsed to carry out "ths
entire apicetnent" and to return the boy
from Chile at the proper time.