New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-08
NIT FEuARDENT LIBEL SUIT.
PROGRESS OF THE TRIAL.
sup COUNSEL CONSUMING AS MUCH TINE AS THE
WITNESSES.


Owing to the n0n-appearance OF John A.
- one of the Jurors In the FeuardentDi Cesnola
a., sn,t now pending in the United States Circuit Court
t,ora Tudee shipman, proceedings were not resumed
rasterday until after IL o'clock Attorneys, counsel con-
iestants and a number OF spectators were on hand
Among these last Henry G. Marquand, one OF the
Museum trustees.
AGE, who testified that he was employed at the
Museum between June 1879 and November 1s81-in
what capacity did not appear His testimony before re
cess was abbreviated by animated and interesting W
between Messrs Choate and Bangs over paragraph III
poelIs book going in evidence. Mr.. Bangs read
statement in General d Cesnolas Cyprus to the ee
that Doell had made and published catalogue OF MS ~
coyeries and still another relating how Mr. Docu hau
been sent to Cyprus while the digging was IN progress
by the St. Petersburg Museum especially 10 h"Ao ''
catalogue Doelrs book was then pouu1
the original German, accompanied Oy d u"ns .4
It is a book Of seventy-hve pages VIZ" ~ -,
pages Of Illustrations Mr. Bangs theh onolou - - 80
nararranh % of this publication II reterreu W e'
No 1877 described by General di Cesnoia as VI
VEINS Mr. Choate said that he had no o,Jec'on "
whole hook going In TO be used freely oy po'h sues O
no Objected 10 the plaintiff using portion anu ."
80, r. ,so bv the defence OF different portion 10
,.iot,on implied Mr. Bangs would not agree, and
th noragrapb was ruled by Judge shipman Ihere-
upon Mr. Choate renewed his Offer but MT Bangs sa NC
did not want TO use BOOK whloh the Co"ro
his nont and read General iii Cesnolas report 10 tue
Iostigatin0 Committee that "this work of Mr. DOel
as one of the earliest publications touching my dscoV
cries In Cyprus and his autographs were made exclusive
II from photographs which took myself in cyprus ana
gave him. The autographs are Of course less Trustworthy
than the photographs and from neglect Of faint lines are
sure 10 mislead inexperienced persons" Mr. Bangs
red that az General d Cesnola pointed out the books
acrepances and as these related only to the pictures
II must be taken for granted that he Endorsed the TT
mainder OF the book Mr. Choate oOntended that TINS
was not the case, and Judge shipman again prohoceu
an adverse ruling saying that it was competent nc sup
posed to prove that the work was standard au'ho9'
but IL not yet so proved
p,sc1ssISc THE PARAGRAPH FROM DOELL's BOOK
Mr. Oudn the plaintiffs attorney, then sought
10 establish its character, through the Witness Mr
Savage who testified that General oil Cesnoa mao
consulted the copy in the Museum library. This not
being considered sufficient Endorsement Of It's standing
as an authority the plaintiffs returned to the attack and
sk the witness what knew OF the book as an author
iy and he answered by detailing the story OF MI Does
pllcrimage to Cyprus The examination then proceeded
Mr. Oudin-Have you read other books referring to Mr.
DOelFs book
Mr. Oudin~How do they treat It'll
Mr.. Choate-I object TO that They speak lot lEeh-
Mr. Oudin-How do psychologists regarditi
Mr. Choate-I object. Is he one Z
Mr.. Oudin-Yes.-Have you made archaeology a study
The witncss-Yes
Mt Ondin-How do you regard Doells book
The Witness-As an excellent authority.
Mr. Bangs then offered the paragraph again. 1t was
excluded and Mr. Choate renewed his proposition ms
was declined and the witness, in answer to questions
said he was an arch9oogst, because he had studied
archaeology since 1873, and was author or part
author of various hand books and gudebooks used at
the Museum He had written nothing else except lei
ter TO The Times regarding the present controversy He
could not name any books or living Psychologists tAat
spoke of Doers book a standard authority. He did
not know DOelfs age
After further spaTfng the paragraph was admitted on
the score that the recognized authority Mr.
Choate asked that the latter phrase he entered on the
record, and Judge shipman agreed.
Mr. Choate-I am satisfied then.
Mr. m am sS sad R when men be Is counsel
the other side. lLaughter.l
Mr. Bangs proceeded to argue that the paragraph
should be admitted such and independently of the
book because IL material evidence bearing Oh the
statement Of General di Cesnolas Cyprus" Judge
shpman repeated his former ruling, and an exception
was noted by the plaintiff. Various other paragraphs
were then put in evidence from the same volume
SEVERAL WITNESSES AND DISPOSITIONS.
After recess Henry W. Troy put on the stand The
further examination and the crossexamnation or MI
Savage were suspended until future stage OF the case
Mr. Troy testified that he draughtsman and that
I'm the summer of 1880 he made the drawings from which
were made the cuts that illustrated Mr. Feuardent's
article in The Art Amateur where the charges against the
collector were first presented Mr. Choate objected to
the introduction Of testimony by the witness TO cOnd-
ton of statue No 157 after March, 1881. as II Is not
pretended that any change was made after That The
plaintiff avened that such pretence was made.
Mr. Choate-Then you wish to show progressive
Upon the conclusion of Mr. Troy's testimony various
depostions read that had been made by Charles
Thomas Newton Reginald stuart Poole and other Officials
of the British Museum. Mr.. Newton IS keeper OF the
Greek and Roman antiquities In the British Museum and
MIR Poole ancient coins The testimony which was
taken nv commissioner entirely Of an expert CHAR
scter and set forth the technical difference between
RESERVATIONS and repairs and the customs ana n-ge re-
museums According TO Nh. Newton TO restore Il TO
6fpg ar, by '' the bs StO imitation possible such
restoratiOns being made when there Is positive know
edge of design Of the absent memberS ana 10 repair
IA 10 unite fragments where there Is sure evidence "
their previous uniOn. During the reading OF thc-c upo
stons some oo)esuQnS were inaae No 10 9e
that Mr. Choate would make no objection 70 wlt M.
ChOate incidentally remarked was contract "ilh lS
Court Mr. Bangs turned TO Nj Cb0atc ana a'htd MN
Mr. Choate~You have left me out. ,.,,.-,--
Mr. Bangs-Oh no. would as soon thlhk VI Ha'ihE
the Venus out OF the ease as you. -,
Mr. ChOate-I wouldn't object If you left me ont VIII
Feodor Gelhan was then called for the plaintiff Mr.
Gehlan Is a German AMI a cabnet-maker by profession
Eturges 10 make certain repairs and restOratons
10 the CesnOa Collection of CypriOe Antiquities which
had then been recently purchased by the Museum Mr..
Cehans strong accent and the fact that he did not seem
10 understand many OF the questions put 10 pm oy r
Bangs united 10 make his evidence all bus ulntehn bic
In those in the courtroom. Mr.. Choate brought chair
TO one side OF him and sat down and Mr. suckney stood
nm beside him the other Mr. Gehlan was questioned
al nucn length by regarding his work on the
various statues and heads OF the COLLECTION, ana
replied he had used saw chsel and other tools ana
had glue, plaster, stone and wash in the pro
cess of repair restoration. Illustrations Of the large
pieces In controversy were then shown hh qua nc r.
heated substantially the story in regard U, which
Mr. Hutchings detailed several days AGO dne och was
then given in detail In IHEIklBUNE' MI Comm "ree'
examination not concluded