New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-01
FEUARDENT VS.. DI CESNOLAl
THE LIBEL SUIT BROUGHT TO TRIAL.
THE CASE FOR THE PLAIyTFF-GROCSDs on
ACIIOy-THE FIRST DEFEAT.

|
tho director OF the metropolitan Museum Of Art In which
Mr. Feuardent seeks recover damages to the mounf
or $2ooo0 was begun In the United States Circuit Court
yesterday before Judge shpman. Joseph IT, Choats and
Allen W. Evarts, OF Evarts, sOuhmayd & Choae, and
Albert Stckney OF for the defence and Francis
N Bangs and Messrs Oudn and Oakley for the PLAINTIFF
were promptly on hand. General al Cesnoa and Mr..
Feuardent were both present General di Cesnols
accompanied by W. c. Prime who Is one Of the trustees
Of the Museum. The twelve jurymen called briefly
addressed by Mr.. Bangs and questioned by Mr.. Choate
Mr.. Choates questions were framed TO determine how
largely certain articles in The Times and publication In
Srbner's Montiiy had been read by the jurymen and
how far these had Influenced their opinions These artl
oes 10 represented, written in spirit OF
| tagonsm TO General di Cesnola.
Alexander yandererg said that he had read several "
the articles in question: and that If they had had any
effect him. they had predlsposed him In favor OF Cen
era di Cesnola John A LOwery said that he had read
| tho articles, but was prepared to form an unbiased
opinion Another juryman remarked that he would
be able to determine OF his knowledge that statue
was a fraudulent patchwork Of unrelated parts and
would rely expert testimony. James n. Fraser
excused because he eighty years Of age and Henry
b. Watson challenged and excused by the defence
because he had read the scbaers h1aMy presentation
OF the and had been led into conclusions fyorble
TO General d Cesnola. With these examinations and tho
necessary substitutions the Jury thus composed:
g. T. VI. Davis Lewis L. Firth, Alexander Vanderberg,
George c. Faar Charles W Watson, T.. Porter Mason.
Charles C. Osborn. Harvey H. Palmer, Robert Z. Liv-
ingston. J. II. Donney, John A. Lowcry and Jane,
Turner
OPENING THE CASE.
Mr.. Oakley opened the FOR tho plaintiff. He said
in substance:
When the defendant first knew Mr. Feuarlent, he had
position archeooySt; he had been employed rs
an expert by the British Museum and hal reputation
an honest man. The defendant had been appointed Con-
sui to Cyprus Immediately after the war, and while on
that island had made extensive excavations and had ae
cumulated larg. collection OF examples of ancient
IIn afrpnf In
arrangement with Mr. Feuarent do what he could
The house of RoIIin / Femarienf, which CASTOR H.
Feuarten then represented in pursuance OF contract
advanced to the dscoverer money to send his treasures
to London from Cyprus and 20 meet such expenses as
insurance and Others Of an incidental character When
they reached London, they properly exhibited and
Mr. Fouardent made every effort to sell them TO tho
British Museum authorities ana Others ahoHgh General
di Cesnoa denies this condition of things Nine months
afterward General oil Cesnola followed his collection
William F. Bodgct Of New-York, he arranged to sell
the collection to the Art Museum in Ncw-York He paid
senting among other things the advances made to Cen
sr a. Ces4 IN 0yPrs Ihe ere %sfe no
izes. Mr. Feuardent had no claim for commission, bus
General dl Cesnoa gave him $1,000 as testimonial OF
In 879 Mr. Feuarent came to this city and established
building in Fourtecnh9st Mr. FgaaTient was ntcrestcd
in il and visited constantly He remarked that sey
London. Especially he noted that new forearm had
Ing Of taese things General d CesnOa was then I'm
Europe. On one occasion he examined small statue
ect OF paper before local society," He wrote and read
the paper describing the statue Epi, or Hope When
the Museum opened In Central Park, he
the statue before the collection had been arranged
and he dscoyered mat small mirror ,r had been carved
one Of Venus The has relief was still soft and
Mr. Fenardent indented it with his nail.
then held the second position in the Museum. next to
General d Cesnola. On May 10, 1850 Mr. FegaIdent
received note from General III Cesnoa regarding his
assertion IN the course OF which General d Cesnoa said
exchange OF letters led to the publication by Mr. Fear
OF the alterations he had found to exist and then esue
the newspaper controversy which furnsh the basis Of
FIVE CAUSES OF ACTION
Mr. Feuardent's counsel set forth in their pieadngs
five for action and the present suit comprises five
separate for libel aud the damages IN each
down at $1,000, aggregate OF $4,000. Briefly
stated the i've alleged bes are:
I. The publication Of a letter in various New York
pcr$ daied August PC. 1880 signed by General Ii Ccs
noa in when he that the charges printed in
The Art Am0fegr were "malicioIsy made" and that The
pltntif mad made chem with enmty and l-will AMI not
OF the public.
hbollous writing ADDRESSED 10 the Executive Committee
OF the Board of Trustees of the Museum Ih, document
contained General Ill CeSnUa's account OF the London
negotiations, and different In many important points
from that outlined by Mr.. Oakley in his opening
marks The publication was in The Worid of Januay9.
1881 10 was dated several months previously. The
plaintiffs attorneys took it that it composed and
The plaintiff had not acted in good faith in his dealings.
libel.
III That General d Cesnola procured the publication
of his report to the Investgatgang Committee appoint
ed by the trustees which contains the following Tho
preence OF learning which accompanies these charges.
tho strange discussion OF aroheoos the bluders about
Eps aud AphrOdite, the manifest display Of ignorance
OF museums books and even ordinary archaeological facts
must surely have prepared you to learn that the ,cc1ser
and reckless His archaeology You viii OF course dismiss
~ charlatansn.
matter to the following effect: That Mr. FeIardont hal
manufactured and supplied missing forearm 10 tho
mentioned.
ton was in London. which was removed In New York
and replaced with the genuine member that had always
been In possession OF General d CcsnOla.
V. That this matter had been maicously spoken to
md dictated TO the said reporter with the intent that tho
same should he printed and published in the said news
piper TIE Eeo IorI Tires and aat it was Published
believed That he had been guilty OF the misconduct al
WHAT THE PLAINTIFF WILL PROVE.
reading tho alleged ubollous matter furnished by
hcse utermces and publications, Nj Oakley made run
ng comments and indicated here and there the ie,t-
uony destined to be submitted In contraycntion Of thu
statements made. The letter which is the bl-i, tho
ir, cause OF action admitted by the defendants.
iener I'll Cesnola's story of the London negotiations
alleged that Mr. Feuardent neglected properly exhibit
he collection because the contract stipulated that IN tho
ase OF SALE the collection 10 De forfeited tho
agent In pay ment OF money advanced. Mr.. Oakley de
md promised produce the defendants letters meet
% the priest had been ordered 10y General d Cesnol and
made under bis directions.
" d be put IN es aence which contained reproduction
uthor while the former st III Cyprus and that wit
losses would be forthcoming who would describe the
processes through which these statues and other
works of art had passed from the time OF their discovery
. the time when they were placed in their positions IN
he metropolitan Museum of Art. Mr.. Oakley added
hat Mr.. Feuaidcnt had brought matter into court as
Don an issue could be framed; that he had suffered in
rs business aud reputation and asked for such damages
Is the jury deemed fair and just
FEUARDENr DEFEATED IN THE FIRST sKIRAISH.
number OF letters, reports and publications which
mark the history OF the then offered by tho
plaintiffs attorney In evidence Among these we're tho
otter to the Executive Committee whercon the second