New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-01-29
GENERAL d. CESNOLA'S CASE
ARGUMENT OF JOSEPH H. CHoATE.
ruARsEs THAT WERE WHOLLY UNsuPPoRTEp-MR'
FEUARDENTs PLIGHT.


Tho Tinted States District Court room was
@ aed Yesterday when Mr.. Choate began his argument
,or the defence in the Feuardentd Cesnola case ING
,nace to the left Of the Judge was crowded win i
The statues whose integrity has been caeo INTO
re uicturesauey grouped about the tables In inc court
- and ,he larger ones loomed up in the background
roins, the windows Many Of the trustees OF tne
sneum were present Mr. Choate began his address az
and the crowd in the courtroom gre" @rser
as he proceeded. He said:
GENTLEMEN OF THE JURY: want to thank you 'n INC
g., nlace for your unexhaustible patience, When we
ard IN here the sunny days of October were sun Win
- and now II is the dead OF winter. Ii
% had STAYED here little longer we shoaid
have all become antiquities know that nave ie., DIS
sat here the corrodng surface OF antiquity sIeaiins
over ne and have thought at times that the lnerus
tatons we have heard discussed were slowly covering
rI. Homer and Yourselves, so that IN short time
90 uoud have been worthy OF gathering Into the Mu-
.eum The trustees would am sure, nave purendseu
ne at our own price. We would have MADE stateIy
Gathering In those slant halls, headed by HIS Honor
and the rear brought up by Mr.. Con0 l'he
conrt oGicerl who has minstered to our comforts
boca ur only regret would be that we should nave W
mart company with the learned opponent whom no age
can deprive OF that fire whose possession would make nm
unworthy the association.
Ido not claim the merit of prolongng this trial The
learned Junior counsel the other side promised woud
four DAYS The achievement Strengthening that
into ninety belongs the learned counsel on the other
side whose unsuitable passion LOT ASKING queS-
lions has dethroned woman from Iong-recog-
,,zed position He learned that there were
"a 3 objects in the Cesnoa collection and he has asked
61estio2 for each one expecting TO find fraud hidden
about each one and backing up MS q1esuos WIN n u
limited argument. Outside Of this he has asked ABOUT
eyerything else under the SUM-. He has investigated
every of General di Cesnola from me hOur OF
landing here, pennlless stranger uh tno no oi "a
cate, and proceeding to inquire ABOUT 'ne 0iiUi
Journey when the court cried halt
IMPORTANCE OF THE VERDICT.
yonr verdict is Of overwhelming Importance 10 Gehera
di Cenoa 1t involves everything he holds DEAR MS po
stion his future his reputation at home ana abroad on
hih NO breath had ever rested until The Art Amateur
article attacked It in 1880 He the fortunate dscoy
erer of an dues whose Importance has been oescrloe3
by and other great opponents OF With
echhemann And now by comm continued ,n Seilo1 tbi1
artseS this piaintin has brought his char
setter into question. aere he has had every 0pOif
Xnd What are the chargesi They 50 mean and so
monstrOus that intelligent man couid co.nilo len
entities and vet he represented as studousy seeking 10
destroy d o assoctstes siie Who ever heard OF any
bcJv raising checks downward Now during fOuryears
he mas SSeb Int At
The plaintiff had associate, who lent his name to some
6 rom .Dt the scene. The attacks began in 1879
through personal and private letters TGey mere
by heart He begun by single charge. He followed IL
he has distributed his dairbes among such papers as
yonld devote column line the defamation OF the
ever since and within week has had the indecency TO
renew these newspaper publications
Mr. Bangs-I deny that.
Sir C6oste-I expect you viii deny everything say by
and by.
GROWTH OF THE CHARGES.
Now. gentlemen OF the jury, wish TO call your
attention TO an important point, the growth and
changes in the specific nature of these charges. On
starting Feuardent said that this disc had been manufac-
tnr,d This was followed by The Art AD1dter articles,
where ak other articles attacked and a general
tamperng with the collection inslnuated When Hesh1l@
denied all this in single moderate me- trGhoIlSs J.S
charges maicously false they are followed up Win
new accusations and 20 on 70 the third ana 1onrh ana me
huudredh. Any Que who dared TO slau9 up lor tne G
PENDANT was attacked. In Card No nc aNOWeuly IN
of the first citizens IN our midst win wl!Iu n
Thus he proceeded Card No. 2,Card No ana the COOK
Toye that there is not one important in coec
lion genuine monument OF antiquity, lheSe IaSts
attitude the defendant has 2een th OF one SIMPLY OF
euPied n detendnG c3e AS The trustees Of the
Museum whose servant he was, asked him for
e., ''a @d@h has been Closed And during
al this time you could hear in the chit almost every
where Won went that the plaintiff admitted he might not
win the case but that he could at least blaeken the CHAR
actr OF General d Cesn9 ana Gfh bse G |s
ibougb he had been assaulted physically There was no
s attacked 10 DELAY his defence until his brains bat
tered ont If You are DETAINED in the newspapers You can
strike back ard the accuracy of your statements cannot
Remark the way in which the case has been conducted
brought wholly on pubic g1Ondi HE h0P ed
o have seen how ii has been conducted in accordance
with those promises, and how the suit has been trans
ant A their case vanished their defamation has be
come stronger II is not MI BANS Who iy you h9 ,
seen here. Counsel are inspired by thelI clients ar,
Bang is far peaceaoe and anlable gentleman IMAM
YOU would oppose. II NE wears hons skin 1t Is because
be v employed TO dose And he certainly acted MS part
we'll lie rOared with becoming aWtuncSS lie shook MS
IN me presence OF ali these lair archFologiss he will lay
his role and appear In his pleasing and natural
character.
STRIKING BELOW TIE BELT.
Since the plaiatiG has brought IN this bced champion
he certainly should hold TO Of the cardinal rules in
this species Of warfare and strike below the belt
When he could prove that General d Cesnola was
an impostor a humbug and fraud the plaintiff knew
that he had no evidence TO prove it. Was not that
striking below the belt Nh Savage has told you that
You remember how he asked II he had not been
under arrest and how the story inis enclleG d3lgn
70 his honor and now the same result Wts acNcu |heh
be was asked II he not dismissed from the army.
WHAT reason there for thai II they had had any
fam In their cause they WOud nave Dse themselves
about IT, Why have mutltatCd versions OF these pro-
favorable to d Cesuoa why has the opposite state Of
facts appeared next day Why have carieatures az.
peared and anonymous letters been sent II the plntlh
can prove his case | have offered no proyocatlOn
although have felt deeply aud have been trustee of
this Museum the beginning. Have asked one IN
sulting question of the plantin Not one. ..,,...
They have searched Ttie i VI ,eu bae iaS
was ten months III Libby Prison. ansuch an attack
l. su cjent to m in any houest with Indignation.
Several DAYS were consumed in inquiry into his title
What appears uncontradtted For several months he
was in command OF a brigade, and Senator Harris
brought him to the White House and asked President
Lincoln TO appoint him "A brcvet on his merits. Mr..
Lincoln appointed him, and he has called himself
Bsadier General since that time lie received his APP
lOlutnent Consul Cyprus at the same time, and
although the assassination Of the President interviewed,
he was established in that appointment Mr. Bangs said
that he wished 10 prove that General oil CcsnOa had
tried palm himself OF IN England the peer OF Gen
eral Grant He said Major General should enter where
Brigadier would not be permitted 10 snuff the
smells OF the kitchen. That his beautiful language.
)d he think pack of school. boys be guled
by such an argument as that
GENERAL DI CEsNoLA's DISCOVERY
In Cyprus in 1870 General di Cesnol, made O dis