New-York tribune., 1883-11-03
THE DI CESNOLALIB SUIT.
Mr.. HUTCHINGs STILL ON THE STAND.
MORE TESTIMONY IN REGARD TO REPAIRS AND
nESTORATIONs


States Circuit Court W. @. Prime occupied chair facin
the witness stand, with the jury his right hand Alber
Bdckney OF counsel for the Defence sat the oppOst
side OF the table, with General dl Ccsnoa and Alien
Evarts somewhat In the background. Mr Feusrdent hi
attorneys Messrs. Oudin and Oakley, and his counsel
Francis N Bangs, gathered about the long table
front OF the clerks desk Numbers OF prominent gentle
men came and went during the day. and at tna the
portion OF the room within the railing filled
that many were compelled 20 stand. AmonS
the trustees Of the Museum present wer,
Robert Hoe, jr., and Mr.. Andrews The Jury followed
the cross-exaInination Of Mr. stoney with marked az
tenton, and examined the various EXHIBITS and ilstra
tions put In evidence with eager curiosity. Foreman
DAVIS who Is an old gentleman with white hair asked
the witness a number OF questions. Mr. stickney re-
sumed his crossexaminaon OF Henry G. Hutehings The
witness saidf
The colossal head and the statue which have said
were exposed TO the action OF rain water dropping from
the glass roof n the conservatory Of the Forteenthst
,ouilding were both considered by me valuable OBJ
trustees to the damagSdone spoke. however, OF the
glass roof needing repair When was here In May last
went to the photographer who had been employed to take
photographs OF the Museum objects and REQUESTED him to
eve me he negative Of photograph representing OF
the rooms OF the Fourteenhs building which contained
&c the time 1t was photographed among other statues,
tnat Of tho priest No g. could not find the negative in
question. wanted 1t for Mr.. Feuardent
sCRAP-BoOK FULL OF PROOFS
The detence produced album scrapboo filed with
proofs OF all the negatives taken by the photographer
ieired TO- Mr. Hutchngs said that this book kept by
himself when he was at the Museum and the proofs
pasted In as soon as the negatives approved by Mr.
Hoe who was chairman Of the Exhibition Committee.
The larger portion Of the numbers In the book including
those which marked the pages and most of the memo
randums, Mr. Hutchlngs said we're I'm bis handwriting
He had seen what Mr. Feuardent alleged to be page torn
from the album. The plaintiffs attorneys were here
called upon TO produce the page alluded TO- and much
mutlated sheet Of paper handed up on which wers
pasted two proofs or photographs OF Museumtstues The
witness said
page from the album, had mutilated IT, and that It
bad been found in the waste basket OF General di
was told to by Mr.. Feuardent / have never seen
copy Of an affidavit 70 the facts made by Dixon Alley and
never knew OF the existence of such paper.
The plaintiffs called upon TO hand out this afda
Wit but it was not Forthcoming Mr. sticney argued that
the evidence was material because the page, they
prepared to prove destroyed by General d Ces
noa alleged and the publication Of the story tended
to show the disposition and intent of the
plaintiff In the inception and progress Of
the controversy. During further testimony and discus
sion at this point It appeared that the page missing
No. lO5, and the fact was noted in the book No 121
also gone and Endorsement was entered to the effect
that the numbering Of II had been omitted probably by
mistake Proceeding 10 speak again of the repairs and
alleged fraudulent restOratOns made by Mr. Gehler IN
the basement Of the Fourteenth-street building Mr..
Hutohings used the expression "By General d CesnOas
Instructions" number OF times, as Ne had
also done In previous portions Of his testl-
mony. Mr. sticzney took him up on this
point and asked him II he had already testified that
General Ill CesHoa had official connection with the
Museum at the time Mr. Geher's work was going on.
He replied yes. He then cOutnuod
remember that vase which Mr. Primo wanted for
exhibition at the Museum was broken while In the
Il while 1t being photographed DO not remember
that hnd Mr. Primes permission that 1t should be
that said ANYTHING Mr. Prime about the breakage
until The repair bad been accomplished Many Of the
owing presumably the fact that they had been buried
In The ground FOR centuries This crust chung to the
moved with the hand win not say that know bath
i so % II mt m S M nrS nv tbe s Of TcodsS ee n5n se
An udention might be made with finger nail II 1t
pretty good one |
THE VENUS sIArUETTE PRODUCED.
Mr Hutchings became mildly excited when the much |
discussed statuettc No. 1871 generally described as Of
Venus, shown In court 1t is a female figure |
about ten inches high. carved from Cy- |
Driote cacareous stone. The dress Il rather abun-
liant the left side and falls in heavy oid which the
ire holds in its left hand Close the left de beneath
he hip the likeness OF mirror bas relief rises about
'nesiXteeDh OF an inch from the surrounding surface.
Mr. stckney-Iha Is the stauetto OF Venus. No I57, Ia
[ not Mr Hutchingsl
The witness represented I'm Central Park
bIr. StiCkney-But that IA the statuei
The witness-i suppose 80
Dir. stcIney And this Is the mirrorf fPotntingl
Tho wtness-I do not admit il Ia be a mirror
MIR. Sucmey-Won't you please answer my questions
md allow Mr.. Bangs TO argue the case .
The satuete was then shown to the jury aud the Wit
described the changes lie believed he saw In It's a
earance as he did on the previous day.
The witness continued:
left the Museum because WAS decided by the specia
Committee that my services were longer required
ischnrged I eft some time after General d Gcsnoia
ecane director of the Museum. but had TO
ln Al N wit my at.Nt.r
yas intimate with Mr.. Feuardent when was en- |
, loved by the the Museum S of OF Arr and occasionally
eLler and other discharged employees of the Museum |
nce my own discharge and conyersed with them about
ais case.
REDIRECT EXAMINATION.
In beginning the redirect examination Mr. Ouiin the
lantin's attorney, handed to the witness second statu
Ite, which bore some general resemblance TO No 1877
ut it about twice large aud lirror appeared
lryed the side Objection made to its admission
ecause 1t was not Museum statuette, and had no |
,levancy TO the case Mr.. Bangs contendcd that
was simply introduced Illustration, pre-
sely rs photograph might be introduced. Judge
hpman ruled that it might be admitted as an iustra
ON, but not as copy; but after few questions Mr.
tckney again incrpOsed, claiming that the object was
mother Cyprioe statuote, ana that the plaintiffs it was
ydent. desired TO draw conclusions from ts condition
garding what should be. the condition No 1877 with
,ference to its surface and the mirror Mr. Bangs dis
aiming any such intention. the redirect examination
roceeded Mr.. Hutchings said
When have used the word repairs I
eant To include restOratiOns and NOT 10
,fer solely TO the union OF f1.gments |
hich had been previously united The story which WIS
I'D regarding the torn leaf that General II Ce4nolI
REQUIRED the album from Dixon Alley in whose posses
on IL was that subsequently the watchman OF the |
useum, Henchel found the fragments OF t on the floor
the Generals office and In the waste basket |
PaSts PaSttss MEM @ Alley and ScoyPe%s P%t 3% SaI I'm
age was missing and spoke TO the watohnan. who pro
eces then In his pocket The watchnan later ON weui
Mr. Fenardent with the page which he had put prop
y together Ia the meantime and Mr.. FeuardCnt went
, 70 Mr. Lawrenoe-what Mr.. Lawrence do not know |
nat same night Mr. Fouartent went up 10 the watch
ans house IN upper Thrdaye and secured his affidavit
I'd returned to the house OF Mr. Lawrence I'm Plrk-aye
,out ~ O'CLOCK Inc next day. understand, the page
I'd aihdaVits were shown 10 some OF tue trustees
The remainder of the taken ,,r ,la