True Stories of Crime From the District Attorney's Office. Arthur Cheney Train

True Stories of Crime From the District Attorney's Office - Arthur Cheney Train


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horror of the unfortunate General, at a summons from the prosecutor an elderly French woman arose in the audience and came to the bar. The General turned first pale, then purple. He hotly denied that he had married this lady in France twenty-three years ago.

      "Name of a name! He had known her! Yes—certainly! But she was no wife of his—she had been only his servant. The other lady—the Hibernian—was his only wife." But the chickens had begun to come home to roost. The pointed mustaches drooped with an unmistakable look of dejection, and as he marched back to his seat his shoulders no longer had the air of military distinction that one would expect in a general of a "Royal King." His head sank on his chest as his deserted wife took the stand against him—the wife whom, he had imagined, he would never see again.

      Any one could have seen that Elizabeth de Moreno was a good woman. Her father's name, she said, was Nichaud, and she had first met the prisoner twenty-three years ago in the village of Dalk, in the Department of the Tarne, where, in 1883, he had been convicted and sentenced for stealing bed linen from the Hôtel Kassam. She had remained faithful to him in spite of his disgrace, and had visited him daily in prison, bringing him milk and tobacco. On his liberation she had married him and they had gone to live in Bordeaux. For years they had lived in comfort, and she had borne him eight children. He had never been to any war and was neither a general nor, so far as she had known, a friend of Don Carlos. She had supposed that her husband held some position in connection with the inspection of railroads, but, in 1902, it had come out that he was in the business of selling counterfeit railroad tickets, and had employed a printer named Paul Casignol to print great numbers of third-class tickets for the purpose of selling them to ignorant soldiers and artisans. Moreno had fled to America. She had then discovered that he had also made a practice of checking worthless baggage, stealing it himself and then presenting claims therefor against the railroad companies. She had been left without a sou, and the rascal had taken everything she had away with him, including even the locket containing the hair of her children. By the time she had finished her story Moreno's courage had deserted him, the jury without hesitation returned a verdict of guilty, and the judge then and there sentenced the prisoner to a term at hard labor in State's prison.

      * * * * *

      "Mais oui," grunts Lapierre, as the crow, with a final caw of contempt, alights in a poplar farther down the road, "I don't blame the bird for laughing at me. But, after all, there is nothing to be ashamed of. Is one to be blamed that one is fooled? Hein! We are all made fools of once and again, and, as I said before, he would have deceived the devil himself. But perhaps things are better as they are. Money is the root of all evil. If I had an automobile I should probably be thrown out and have my neck broken. But if M'sieu' intends to take the next train for Bordeaux it is as well that he should be starting."

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      In the year 1885 Jean Bott, a native of Hesse Cassel, Germany, emigrated with his wife Matilda to this country, bringing with him a celebrated violin known as "The Duke of Cambridge Stradivarius," which he had purchased in 1873 for about three thousand thalers—a sum representing practically the savings of a lifetime. Bott had been leader of a small orchestra in Saxe Meiningen as early as 1860, and was well advanced in years before he determined to seek his fortune in America. His wife was an elderly woman and they had no offspring.

      "This violin, my husband and myself made up the family—I loved it like a child," she testified at the trial.

      So also did Bott, the old musician, love his instrument, and no hand but his own was ever permitted to lift it from its case or dust its darkly-glowing surface.

      Whatever may have been its owner's genius, he prospered little in the new world, and, although he labored conscientiously at his profession, the year 1894 found him still giving lessons upon the violin to only half a dozen pupils, and living in two rooms at 355 West Thirty-first Street. But Bott, having the soul of a true musician, cared but little for money and was happy enough so long as he could smoke his old meerschaum pipe and draw the bow across the cherished violin held lovingly to his cheek. Then hard times came a-knocking at the door. The meagre account in the savings-bank grew smaller and smaller. The landlord, the doctor and the grocer had to be paid. One night Bott laid down his pipe and, taking his wife's wrinkled hand in his, said gently:

      "Matilda, there is nothing else—we must sell our violin!"

      "Even so!" she answered, turning away her face that her husband might not see the tears. "As God wills."

      The next day "The Duke of Cambridge Stradivarius" was offered for sale by Victor S. Flechter, a friend of Bott's, who was a dealer in musical instruments at 23 Union Square. It so happened that Nicolini, the husband of Adelina Patti, was ambitious to own a genuine Stradivarius, and had been looking for one for a long time, and, although he was but an indifferent player, he had, in default of skill to perform, the money to buy. The matter was easily adjusted by Flechter, and Nicolini drew his check for the sum specified, which, properly certified, was tendered to Bott. But Bott had never seen a certified check and was unaccustomed to the ways of business.

      "If I part with my violin I must have real money—money that I can feel—money that I can count. It was that kind of money that I paid for my violin," said he doggedly.

      Nicolini, in a rage, believing himself insulted, tore the check to bits and declared the transaction at an end.

      Now the price agreed upon for the violin had been forty-five hundred dollars, of which Flechter was to receive five hundred dollars as his commission, and when, through old Professor Bott's stubbornness, the sale fell through, the dealer was naturally very angry. Out of this incident grew the case against Flechter.

      The old musician was accustomed to leave his treasured instrument in the lowest drawer of his bureau at the boarding-house. He always removed it before his pupils arrived and never put it back until their departure, thus insuring the secrecy of its hiding-place, and only his wife, his sister-in-law, Mollenhauer, a friend, and Klopton, a prospective purchaser, knew where it lay.

      On the morning of March 31, 1894, not long after the Nicolini incident, Bott gave a single lesson to a pupil at the boarding-house, and after his midday meal set out with his wife for Hoboken to visit a friend. The violin was left in its customary place. It was dark when they returned, and after throwing off his coat and lighting the gas the old man hastened to make sure that his precious violin was safe. When he pulled out the drawer it was empty. The Stradivarius was gone, with its leather case, its two bows and its wooden box.

      Half distracted the musician and his wife searched everywhere in the room, in closets, under beds, even behind the curtains, before they could bring themselves to admit that the violin had in fact disappeared. Frantically Bott called for Ellen, the servant girl. Yes, there had been a caller—a young man with dark hair and a small, dark mustache—at about five o'clock. He had waited about half an hour and then had said that he guessed he would go. She had not noticed that he took anything away with him. In his despair the old man turned to his old friend Flechter, and the next day the dealer came to express his sympathy. He urged Bott to notify the police of the theft, but the old man was prostrated with grief, and it was the wife who, with Ellen Clancy, finally accompanied Flechter to Police Headquarters. The police had no idea who had taken the old fellow's fiddle, and did not particularly care anyway. Later they cared a good deal.

      Bott now began an endless and almost hopeless search for his beloved instrument, visiting every place where violins were sold, every pawnshop and second-hand store again and again until the proprietors began to think the old man must be crazy. Sometimes Flechter went with him. Once, the two travelled all the way over to New Jersey, but the scent proved to be a false one. Bott grew thinner and older week by week, almost day by day. When the professor


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