The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-10-23

i membership. In 1892 / went TO Madrid
Q where l met General Grub, and wanted
him to permit me to paint portal
of himself in military uniform for tht
Worlds Fair. He said he wanted {
r portrait painted of his mother, so she
gave me sittings in the Generals house al
Madrid. l didn't tell him what my price
: would be. 1t is not customary, besides
he did not ask me. My letter of intro
duction informed him of my standing
as an artist. l began a small portrait
first as a model, but afterwards completed
it at the Generals request. When the
large portrait was completed both the
General and his mother were perfectly
satisfied. He named day on which he
would call and settle the bill, but failed
to do so, and l then called on him at his
house. When l finally saw him, and
told him the price was $1,000 for the large
portrait and 5000 for the small one, he
said 1t was good deal to man like me
to have portrait to paint for person of
his standing, and that he wasn't paying
much for what he got in Madrid. After
wards he said he would pay the bill when
he returned to America. l offered to take
some ancient Spanish armor in part pay
lnent of the bill, but this he declined, and
said he would leave both pictures at the
American Legation in Madrid.
"He refused to pay for them as the price
was too high, and told him they were
painted in accordance to his orders. /
also said would compromise on $500 in
order to avoid any litigation, but received
no response from the General. was at
work on a historical painting when /
went to Madrid. and it is still unfinished.
l don't recall doing any work in Madrid
beyond that performed for the General
The society of which l am a member is
not made up of artists whose pictures
have been refused. 1t is composed of the
best artists in the world.
81 am both landscape and a portrait
painter, and had pictures in the Paris
salon in 1891 and 1892. The portrait |
finished for Mrs. Grub was of life size.
1t is customary to ask deposit from per
sons ordering pictures, but it is not al
ways done. | studied at the National
School of Art in Paris. l had no picture
on exhibition at the Worlds fair in Chi
cago. l asked General Grubb's permits
sion to exhibit these portraits at the
Worlds fair, but he objected on the
ground of publicity"
Witness had no picture on exhibition
at the Worlds Fair, Chicago General
Grub refused to allow the pictures in
controversy to be exhibited at the fair on
account of the publicity. While in Paris
witness studied in the National Academy
of Arts and in the Julien school.
On redirect examination witness denied
having told Mr.. Graham that he was
painting the small picture as memento
for himself.
Counsel then read the deposition of
Fred L. M. Tate, a New York artist. The
standing of the plaintiff as an artist is
very good and his works are held in high
esteem. A portrait painted by any mem
Der of the National School of Art of
France is worth at least $500. A portrait
of the description of the one in question is
worth easily $500.
The deposition of Louis w. Fraser, an
other New York artist, gave Mr.. .Borghun
high standing as an artist. A life-slzed
portrait done by such high-class artist is
worth from $500 to $500.
Stephen j. Ferris, of Philadelphia, pro-
fessional portrait artist of over thirty |
years experience, said the standing among |
artists of the members of the French Ma
tional School of Art, is very high. In wit
ness opinion the price of a portrait
painted by member of that society is
from $500 to $4,000. A finished study OF
such portrait, made originally to copy
from, would be worth from $400 to $500.
On cross.examination witness said he
had known Mr.. Borghun less than year
He has seen some of the artists work in
his studio in Philadelphia. Among other
portraits, witness saw a portrait of Gen.
Fremont, and several other persons. They /
were all good.
The plaintiff then rested.
Howard Flanders made the opening for
the defendant In 1892 Gen. Grub re-
sided in Madrid, being the United States
minister to Spain. While there he was
called upon by Mr.. Borghun, who had
letter of introduction to any person who
might help him. Borghun was then an
obscure artist, who expressed a wish to
paint a picture, entitled Landing of
Cortez," for the Chicago Fair. A friend
ship sprang up between the General and
Borghun, resulting in an agreement to
allow him to paint picture of Mrs.
Grubb The portrait was not satisfactory |
and the price was out of reason. The
small picture was not ordered at all The
defendant admits that some money is due
plaintiff, but sum considerably less than
that demanded, the amount to be fixed by |
the jury.
General E. Burd Grub, was the first
witness. He went to Spain in Octo-
Der, 1890, and remained there until
June, 1892. Capt Graham lived at wit
ness house.
Borghun met witness in Madrid. pre-
senting letter of introduction from Gen
eral Fremont's wife. 1.-THE artist after |
ward called at my house and asked to
paint a picture of myself on horseback.
This refused to do. He seemed so dis
appointed that l agreed to let him paint
picture of my mother, similar to and de-
scribing to him a large portrait of my
daughter Effie, for which paid 5000. He
got to WORK in my house, where he gave
my mother sittings, probably ten in all
The large picture is about 38 K 30 inches
Zone day dropped into the studio and
found him at work. He had small pic
ture of my mother beside the large one.
He said my mother had good strong
face and that he wanted the small one as
a souvenir. As left the studio | asked
him what the price would be for the por-
trait. 81 $780, he replied. refused to
pay that price, as it was outrageously
high. l never made any contract what
ever for the small picture.
II offered to refer the fixing Of the
price to arbltrators, but he refused.
"In my opinion the portrait of my
mother, if finished, would be worth about
5000. 1t was not finished the last time
saw it, there being defect about the
eyes"
At this point court adjourned tor the
day.
The counsel in the case are Harold r.
Griffith and Leon Albeit, Jr, for Bor
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