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Show Rhinestones Instead of Diamonds, Men Steal the Band Worn by (Vlrs. John Jacob Astor. Indicted for Grand Larcouy, Case Dismissed Because Alleged Jewels Jew-els Wero Worthless. NEW YORK, Nov. 20. James E. Mitchell Mit-chell and John Frazcr, bricklayers, arc-very arc-very glad Mrs. John Jacob Astor docs not wear real diamonds In her garter buckles. If the testimony of Catherine McGregor that ono of them was set with "brilliants worth $200" had been truo the yiiiing men might be facing a term In prison. As it is, two repentant workmen have been released under suspension of sentence on their plea of guilty to a charge of petit larceny. For tho "brilliants" "bril-liants" arc simply rhlncstones, jiccord-Ing jiccord-Ing to the sworn Htatomont of Mr. As-'lor's As-'lor's counsel In Judgo Foster's court yca-tcrday. yca-tcrday. and worth not more than $10 In real money. Took Garter for Souvenir. On tho strength of tho maid's valuation, valua-tion, Mitchell and Frazcr hnd been Indicted Indic-ted for ."and lp.rcenv In tho necond degree. de-gree. Thev hnd been employed In Mr. Astor's home, at No. 40 Fifth avenue, to repair a fireplace. The Willlnm H. Jackson Jack-son company had tho contract. Whlto at work, they came across a pnlr of opera-glasses, a p'llr of Mrs. Astor's shoes and the famous garter buckle. "Souvenirs." "Souve-nirs." the two workmen thought, and they carried away tho plunder. Of course, tho articles were missed. Tho two men t-ro put under arrest, and to tho police court wont tho maid. Thoro sho swore-the swore-the value of tho articles stolen was at least J225. Tho sartor attachment wns called a "metal buckle studded with brilliants." Plunder Returned. ' Mr. Astor. after th6 buckle, opera-plossos opera-plossos and old shoes hnd been returned to the lawful owner, decided that It was beat certainly In order to avoid notoriety noto-riety that the Judgo bo appealed to. Henco members of two big law firms. Carter. Ledvard & Milburn and Fletcher, Slllcock & Leahy, appeared In court before be-fore Judge Foster vesterday. the llrst named In behalf of Mr. Astor. the other firm for the Jackson company. An affidavit affi-davit sworn to by both firms was handed up to Judgo Foster In this r.ffldavlt extreme clemency wns asked for tho two youthful defendants. It was stated that n gravo error hnd been made, that tho garter buckle was not worth $200 or more, becauso It wns not studded with brilliants, but only "fitted" with rhlncstones, henco even a suspension suspen-sion of sonlenco would bo satisfactory. Lectured by Judge. "Young men." snld Judge Foster, looking look-ing solemn. "I accept your plea of guilty to petit larceny. Tho buckle 13 only worth 510. But I will tell you that :f you over associate with bad people, or If 1 ever hear that you have committed another offense. I will send for you and sentenco you under your plea. You may go under a suspension of sentence." Mitchell nnd Frazer hurried out. "Where Is this tarter buckle?" Judge Foster asked Assistant District Attorney Attor-ney Townsend. "They did not brlnr It to court." replied tho prosecutor. |