New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-08
FEJARDENTs CASE CLOSED
r,,pEE WITNESSES HEARD YESTERDAY.
nm sr. eAupENs oLIN L. WARNER AND CHIEF
JUSTICE DAILY ON THE STAND.


,,a sr c.rprNs. oIIN L. WARNER AND CHIEF
JUSTICE DAILY ON THE STAND.
The testimony of Augustus st. Gaudens, the
o,,r,or was concluded yesterday in the Feuarden'u
a,o,o ,hel case The examination of DIN j. Warner
nd chief Justice Daily and the reading OF some further
i,ions taken in London closed the case of the plain
ear rnecne Vale, Robert Hoe. jr., W. L. Andrews,F
NJ phneander and Theodore Weston present In the
court room.
Mr. St Gaudens said that he had examined statne NO
20 at the invitation of Mr. Ward He thought the lee'
had been sawed fairly well, but they had been cu'
silly fitted to the legs Mr.. Bangs asked II the renting
was of the same work the rest of the statue. MI
Choate objected and reored that there was no ~
10 the repairs in the base Of No. 80; they claineu '
right TO make a statue stand by putting IL on us oe'
The witness said that he should not deem MS opiion
that Aphrodite and Eros Is mouoith to be nhi-
The testimony of oln L. Warner, the Sculptor ""' 9"
follows 1900.
have been sculptor fourteen years The satue S Os
a1est of my important works examined Ap6Todte
and very carefully scrutIni~u aransd II with
could with my natural eyesght and schp%ul ~ VIZ. .
knife Nv opinion was that from the neck WA III
consisted OF one piece Of stone roscope test should
think would found No so mono tat nIces of
ne1h 70 b ' beeS inserted in the lower part One foot
Seemed to nave been sawed of and set back IagEnt
"a Tros thonglIt detected two different STYLES OF
yTorlnanship In the drapery The lower portion - o
more slloosS began TO doubt the monolithic char
meter of the statue This doubt was not confirmed ny my
Srfber examination of the statue. iounu no scam,
rThe statue OF the Egyptian warrior was shown can
six separate fragments pat ON sn nrcpted
tr,rts should from the contours OF inc nsu;e,
made nm i'm INV opinion of three statues belonging
~ fTo Siaerent peri,ds-Egyptian and another one
mo 1877 shown should say has TINS ste d he
o'6cr six Toes see evidences of the left side having
been worked The cutting there Is smooth lnerc o
indications cutting the figure but not so
nurh of H. There is underwriting except III cohheo
with the mirror
Mr. Davis the foreman of the jury, asked the witness
II he had not said that he had not cut trace uo"h to
back of the figure and if he had whether or not te
pltster Indicating fractures would have shown ~
Warner answered Yes providing the plaster was soOer
than the stone Mr. Choate said that he was satisfied
with the OF the witness Oy the lole
man. and Mr.. Warner came down from ule s'anu.
On the reassemhng of Court after recess Chel Justice
Charles p DAILY was called. Mr. Bangs asked the wit
ness II he might state to the jury that Justice DAILY mad
been on the bench for great many years Inc Witness
rcsponded in the affirmative. He cautioned the counsel
that his memory would probably be defective a. lie ha
made practice of Diminishing Investigations from MS
mind as soon as they concluded. He tesuded as
follows:
eoven objects think were submitted to the Invest-
eating Committee and we examined them with glass
and submitted several OF them 10 DaHS mind % fo the
original union and relation OF these fragments
,a2ad We gave no attention TO the periods OF art to
Sib statues belonged We concerned ourselves entire
~ Win the simple mechanical fact whether or not the
SI otber natnrav would. Mr.. Ward examined the
Statues in nv presence. do not remember about M
phpxes very closely as Mr. Hitchcock seemed to have
some doubt ia his mind In our inyestgSoh mT 10
statement and sald all nc Wanleu 10
saw General d followed and did the same 1ing
and examined the statues examined SG t1, that af
statete OF Venus, and came 70 ine c4cip ~ s
there had encrstation on the LETT SIDE ana that
had been s No 5 gave was hepe shown think
looks now as though the left side had been encrlseu
Stone was quite satisfied and did not believe that 1t
had been cut The sueet-natter o. 81 our ia
yotigations touching the genuneness OF pictures
administered Oaths to witnesses Decanfe We nau ~
authority 10 do So think oath Is valuable as tend
INC 10 elicit the truth witnesses never engged IL
an investigation precisely similar to the one uer us
cnssion. =, -,
On cross-examinaton Justice DAILY said that be could
only remember the unfavorable impression made upon
the committee by Mr.. Cox's manner temper ana dis-
iouted statements when he appeared before the commit
tee Further testimony In this drecIOh WAS eAoluueu
The witness said further:
nsed INV very best efforts to test the truth OF Mr.
Fenardents charges We discussed not only the matter
put tne WAS thoroughly satisfactory to was
as well satisfied with it with any previous inyesug
zion of my lfe yes well satisfied as would De WIN
the verdict of jury
Mr. Bangs asked If he knew of any precedent for such
an investigation where witnesses were examined without
the of oaths or the presence OF counsel
and concluded with the question:
Do you consider the presence of counsel help or
hindrance I'm casei -
Chief Justice DalyThat is very embarrassing CUES
ton. Laughter. They are often OF much service 70
the Court did not regard the matter in the light of
controversy. .
Mr. Bangs-Was II a corOners nquestl
The Witness II you so please to term IL.
The witness said I'm conclusion that some fragments
from the cellar submitted TO prove the worship OF
Aphrodite In Cyprus.
The deposition of NJ BrocheFton, OF the London oank
ing firm OF Bert Co.. then read. 1t stated that
General di Cesnola deposited check for 22sOo with
his house on November 15 1872 that 400 was placed
TO the of Mr. Feuardent 500 I'd was pa TO
General d CesnOla and the 200 opened an account OF
General al CesnOa's with his house General al Ceshola
kept this account until his departure Tor America