New-York tribune., 1884-02-03
GEN. DI CESNOLA INDICATED.
A VERDICT IN HIS FAVOR ON TWO COUNTS.
THE JURY UNABLE TO AGREE IN REGARD TO THE
LONDON TRANSACTIONS.

LONDON TRANSACTIONS.
Shortly after o'clock yesterday the jury
IN the Feuardentdi Cesnoa requested in writing TO
be informed by the Court whether not they could find
verdict for of the parties in the suit two counts
and announce a disagreement TO the third
Mr.. Bangs, who In court, said that
this would be satisfactory to his side. Mr. Stick
ney desired tha. Mr. Choate should be telephoned
for On Mr.. Chostes arrival consultation between the
Court and counsel held in the Judges room. and as
result the jury filed into court at halfpast O'clock
In to the question Of the clerk OF the Court Fore
man Davis replied that they had agreed upon verdict
for the defendant first and third counts and had
disagreed on the second.
THE CAUSES OF ACTION.
The three causes Of action bes set forth in the
pleadings were summarized in The TRIBUNE when the
trial began as follows:
Frst-The publication Of letter in various New-York
Geoa in which he asserted that the charges printed in
The Art Amateur were "malic0usly made ana that tue
plaintiff had made them with ennity and i'll viii and not
In good faith and for the benefit Of the Museum and OF
seeond-The composition and publication Of "a false
and bellous writing" addressed to the Executive Com
mittee of the board of trustees of the Museum THIS
document contained General d CesnOas account OF the
London transactions The complaint alleged that ~
composed and published with the intent TO cause
believed that the plaintiff had not acted in good
faith" in his dealings; and that "he was dishonest
dealer IN antiquities and an extOrtiOnste agent"
Tbrd-ThatGeneral d Cesnola procured the publication
Of h report to the investigating committee which contains
following. prefeuce
panes these charges the strange discussions Of archeo
ogy the blunders about Epis and Aphrodite the mani
fest display OF ignorance OF the Museums books ana even
of ordinary archaeological facts must surely nave prepared
you to learn that the accuser IS either thoroughly dsho
thoroughly ignorant and reckless His arcn9Oogy
you will OF course dismiss as charlatanism."
The plaintiff started in with two additional causes
Of action the Court held when he rested his case that
proof had been submitted for their establishment and
instructed the jury not to take them into consideration
THE VERDICT ACCEPTED DESPITE MR.. BANGs's
When Foreman Davis had announced the result OF the
jurys deliberations MrBangs protested against the court
accepting the verdict The Judge asked IL there was any
prospect Of agreement the second count and Mr
Davis replied that there earthly possibility Mr.
Watson another juror said that had been the single
OF disagreement during the twentyeight hours
the jury went out and that nobody had had any
sleep Mr. Bangs said It a disagreement OF the jury
and the plaintiff entitled TO new trial Mr. Choate
said that he would always be found ready, and Judge
shpman observed that he would contrOvert the state
ment made by Mr.. Bangs. The Judge then instructed
the clerk to take the finding of the jury the three sep
arate counts and this done. The jury were then dis
charged with the thanks OF the Court.
WHAT OCCURRED IN THE JURY ROOM.
When the twelve men went out on Friday at noon
ballot was Immediately taken and they found that they
stood for the defendant and two for the plaintin
Discussion developed the fact that the disagreement ex
listed az TO the right Of General d Cesnoa to make the re-
Feuardeut in the light of the London transactions,
with being dishonest dealer in an
touities and an extortiOnate agent Ten men
believed that he had the right two believed that he had
not Three ballots were taken with unehansed results
and D. the jury asked the Court Tor further In
structOn now far the defendant could use severe
th The Court said that severe language was )ustnabe
provided the occasion for selfdefence was not
At T. a. yesterday they came INTO court agn ana
asked how far the defendant was protected oy ms pr
ege when he made his communication TO the executive
committee The Judge replied that II was an occasion Oh
privileges that was his duty TO make the reply Wch no
too far But the language must be too severely scru
tinized when a man protects himself from
II the assalant is hurt. This further explana-
tion did not seem to be Of any assistance 10
as qY % be ehargd ae Tn The foreman said that they had
exhausted every means in their power to come to an
man jury for their patience but said that the
trial had been an expensive one taa II hsd blocked tne
@ oO az cock arrived M the conclusion already stated
IN u ~ ,t Of The di6lclfv being described by one ury,
man "a suggested by An inspiration -
men which was to be delivered to the Court in case their
differences Of belief the value OF the proof submitted
In connection with the London transact'ons had made
necessary the reporting OF unqualified disagreement
tonchin the entire matter at issue. This paper subsan
ay stated that the twelve were In accord to the
enuneness of the collection ard the propey of the
pairs short that fraud had been proven the part
of General dl CesnOla In the exhibition OF bis discoveries
to the public.
TIE NIGHT PASSED WITH SCARCELY ANY SLEEP.
The fury looked pretty well used up each time they filed
into court after their allnght experience. They
talked past midnight and into the morning hours
John A. Lowery and Lewis A FIRTH the
two dissenting jurors alone securing brief maps the
hard benches. Judge Shipman spent the night in his
ROOM securing some rest on lounge The plantif and
the younger lawyers in the occupied the court
room all night After the iurymen had returned from
their interview with the Judge at 715, they taken
nv DeDuty Marshal COfax the Astor House for break
fast and coming back several among them were
were locked up again As the day advanced the lawyers
the ury finally came in and announced their decision
the Courtroom was well nued. ABOUT
Museum removed from the courtroom the statues which
have been the subject Of this litigation and two trucks
carried them back 10 the Park one OF the uImen said
that little temper was displayed IN Tue Arst dscuslOn,
but this subsequently disappeared
EXPENSES OF THE TRIAL.
The cost Of the trial. as has been stated will probably
exceed S5OO 1t Is stated that the usual fee Of lawyers
of such reputation Messr Choaie Bangs and Sticney
"a $3.50 per day. and the extended over % days
Mr. Bangs's retaining fee $500. The expense Of
commissioners sent to London to take testimony was
great but the outlay for for witnesses witnesses. was vas
supposed in a case of this kind The court
LARGO but exactly what they are be arrived
The stenographcr as already noted have received over
ST 600 their share Of the work The following table
shows the estimated cost of this libel suit TO the parties III
interest and to the Government;
Counsel for deierdaut-Messrs ChOate, suckney and
Allen " Eyars oV
stenographes actua s599 5g9
EIpeTt testimony and 5000
Costs court and Judges salary 5000
Total. .S1OSoo
WHAT PLAINTIFF AND DEFENDANT SAY.
General Di Cesnola was seen at his house lost