The sun., 1897-04-06
WHISTLER ON THE STAND.
HE KEErs JUDGE AND JURY IN A
VERY MERRY MOOD.

HIS Tilts with tho Lawyers In tho Salt OF NIr.
PennelI, who Wants Damages for Mr..
sickert'a DiaparnRinE Article ON His Pic
turcs "A Fling mt tho Royal Academy.
Special Cable Despatch to THE Sun.
LONDON, April 5.-The Queens Bench Division
| OF the High Court of Justice to-day heard an
action for libel brought by the artist Joseph
Pennell, against the Saturday RerieU and
Walter Sickert, writer on that paper, for the
publication Of an article commenting upon Mr..
pennell's exhibition of etchings. Tho ground Of
the suit was tho statement written by Sickert,
that Penncll had sought to palm of as ltho-
| graphs OF his own works pictures which were
mere transfers of tho work of others. Among
| tho witnesses who testified in behalf of Penncll
were j. McNolll Whistler, Alfred Gilbcrt, and
| Sydney Colvin. The case raisod tho question
what is lithograph. In his answer to this
question, Mr.. Whistler said that to an artist
there was distinction between work on stone,
zinc, or paper, 80 long as the result was his own
work.
Tho article In the Saturday Ropfc,o alleged
that Mr.. Whistler pursued tho same course rs
that which Mr.. Pennell took In the manner Of
doing his work and tho witness was asked his
opinion OF the papers references to himself Mr..
Whistler replied: 1 am not angry over It, but
merely vexed that distinguished people like our
selves should be brought here by gentleman
who is absolutely unknown to U.S." Mr.. Whistler
added that ho was not surprised to hcar that the
Royal Academy had rejected tho transfer litho-
graphs, but he was not du Jdit with the limita-
tions OF the Royal Academy. [Laughter.l
While giving his testimony Mr. Whistler kept
the court in very merry mood. moro by his
inimitable tone and characteristic manner than
by his actual language. AT the beginning of his
evidence he essaycd to address to the jury dis.
scrtation upon art and an incidental explanation
of the real issue involved in tho case.
Tho Judge, amid laughter, intcrposed, saying
that he could not allow tho witness to mako a
speech.
Tho dryly sarcastic way In which Mr.. Whistler
referred to the Royal Academy convulsed the
court. When, with shrug Of his shoulders, he
declared that he was not in the smallest degree
angry with Mr.. Sickert, but was only vexed that
distinguished persons. including himself, had
been brought to court by gentleman who was
absolutely unknown, tho laughter of the court
officers and audience generally was uncon-
troled.
In the course Of his testimony Mr.. Whistler
declared that Mr.. Sickert's article had dono
much harm. 1t had been quoted in New York
and had induced papers there to attack Mr..
Pcnnell's lithograph exhibition.
When questioned as to whether he objected to
Mr.. Sickert writing whistler is a genius tho
witness replied 1t all depends upon who says
it."
He was also asked whether he dissented from
the remark, 'Whistlers almost nothings arc
priceless" To this he replied with a mixture Of
calm egotism and cutting irony:
at is very simple and very proper that Sickert
should say such things, but do not attach any
Importance to them"
Referring to other extracts that were read
from the article. Mr.. Whistler dubbed the series
as frivolous mpertInences, covering a certain
obsequious reproach."
Mr.. Bigham counsel for Mr.. Sickert, tried to
elicit an admission from the witness that he was
pecuniary backing Mr.. Pennell.
Ex-Solicitor-General Sir Edward Clarke. coun.
sci for Mr.. Penncll. also asked the witness IL
there was anything in tho suggestion that he
was sharing in Mr.. Pennell's expenses.
Mr.. Whistler replied: "Oh. nothing except
the delicacy of the question ITSELF"
Everybody, including Justice Sir James
Mathew before whom tho case was heard.
hugely enjoyed the manner in which this reply
was delivered.
Before quitting the stand. Mr.. Whistler asked
Judge Mathew to give him permission to explain
to the jury why they were there. This the
Judge declined TO do. declaring that all the jury.
men were there because they could not help it.