New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-16
OBJECTS TO A WOMAN'S FICTION.
sOLDIER-PAINTER SUES FOR LIBEL
CHARACTERS HE SAYS. WERE DRAWN
TOO CLOSE TO LIFE.

A c,rtous action brought by Colonel Jenyns Bat
tersby against Peter f. Collier, owner Of once
Week." for 900 damages for libe' alleged TO De
contained in a story written by Mrs. Edith Ses-
slons Upper for that periodical. came up FOR trial
before Justice Bschon and jury in the Supreme
Court yesterday Colonel Battersby Is a West
Point graduate He served In the civil war. ana
was present at Lees surrender. Six years ago be
began fesize painting Of that scene BEFORE
the completion OF the picture be made an enort 10
have placed in the NewYork display In the AIT
Building at the Worlds Fair. A committee COM
messed OF w. l.. Sessions the father OF Mrs Topper
and Senator McNaughtop was appointed 10 We"
the painting and decide whether II should be sent
to the Worlds Fair or not Mrs. Upper accom-
panied her father to Colonel Battersbys studio,
which was in a loft over stable in West Thirty
frst-st The painting was not accepted. Soon
afterward the story by Mrs Topper which Is the
OF the present suit, appeared In once
Week" The authoress. 1t is alleged used the
painting as a foundation for her tale. also includ-
ing In IL Incidents In the Coloners life 10 the pub
LEGATION OF which he objected. His name was not
mentioned but his studio described. and on
account OF the story. he asserts, number OF per-
sons withdrew support which they had been
giving to him for the execution OF his work. pro-
hibting him from ever completing II.
A copy OF Mrs. Tupper's story was handed 70
the fury and was passed around In II was
called THE Coloneps Christmas." and was en-
bellished with a cut OF miltary-.ooking man IN
his shirt sleeves holding paint brush In the
opening chapter he was described as "a poor SOL
der whose patriotism grateful country rewards
with sl2 a month" The tale told how the Colonei
painted a picture for the Worlds Fair. and how
committeeman who did think much or the
awful daub with his tender hearted daug
TO pass Judgment upon it. The latter persuaded her
father promise the Colonel TO use his influence
TO send the picture TO Chicago. May God nave
mercy on my SOUL the committeeman added, now
ever. IN undertone. and the daughter, oohins
upon the Coonels elOriiied face REPLIED he
will" But the Colonel died before the accept
mitteemans daughter. carrying 10 the painter the
joyful news found his body IN his studio Ano
outside" the story-teIler adds the snow WAS
silently falling 49,.
General Serrel a veteran OF the war. was the
first witness examined for the plaintn -
Were you In the Rebellion? he was asked oy
the Coione.'s counsel -, ,u. 4,
NO. sir" the indignant reply lous"' ia
the Union Army 49,.
General Serrell testified that he had seen the
Co ouel's picture and IL better one tban : no
Surrender OF CORVALLIS IN the CapitoI 81 WASH
ington General serrell admitted that he had an
interest in the painting, but added that the ngures
were good lkcnesses. ,,,,
Wasn't the figure near the fence pretty oao'
he asked
oh said the General. I've seen worse
DR. Julius \. SkilltOn ex-Consul-General 70 Mexi-
co and a surgeon In the Army OF the Potomac.
testified that the merits OF the coonels picture
the excellent likenesses In IT. lie said ina.
every one VINO read the story in once \ Week
knew that Colonel Battersby was the central per-
sonage In 1t. ,..
After this testimony adjournment was TAKEN
20 Monday morning. and the jury went 10 1ooA a.
the picture.