'During my work I had a few carping critics that I silenced by this standing offer: If they would deposit a thousand dollars I would cover it on this proposition. I would fasten a 150 pound sack of sand in the rider's seat, make the necessary adjustments, and send up an aeroplane upside down with a balloon, the aeroplane to be liberated by a time fuse. If the aeroplane did not immediately right itself, make a flight, and come safely to the ground, the money was theirs. 'Now a word in regard to the fatal accident. The circumstances are these: The ascension was given to entertain a military company in which were many of Maloney's friends, and he had told them he would give the most sensational flight they ever heard of. As the balloon was rising with the aeroplane, a guy rope dropping switched around the right wing and broke the tower that braced the two rear wings and which also gave control over the tail. We shouted Maloney that the machine was broken, but he probably did not hear us, as he was at the same time saying, "Hurrah for Montgomery's airship," and as the break was behind him, he may not have detected it. Now did he know of the breakage or not, and if he knew of it did he take a risk so as not to disappoint his friends? At all events, when the machine started on its flight the rear wings commenced to flap (thus indicating they were loose), the machine turned on its back, and settled a little faster than a parachute. When we reached Maloney he was unconscious and lived only thirty minutes. The only mark of any kind on him was a scratch from a wire on the side of his neck. The six attending physicians were puzzled at the cause of his death. This is remarkable for a vertical descent of over 2,000 feet.' The flights were brought to an end by the San Francisco earthquake in April, 1906, which, Montgomery states, 'Wrought such a disaster that I had to turn my attention to other subjects and let the aeroplane rest for a time.' Montgomery resumed experiments in 1911 in California, and in October of that year an accident brought his work to an end. The report in the American Aeronautics says that 'a little whirlwind caught the machine and dashed it head on to the ground; Professor Montgomery landed on his head and right hip. He did not believe himself seriously hurt, and talked with his year-old bride in the tent. He complained of pains in his back, and continued to grow worse until he died.' IX. NOT PROVEN