New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-23
BIONDI CASE IN COURT.
Sculptor Seeking S@OO,O 900 for Neg
lect of "SaturnaIia."

The suit OF Ernest Biondi. the Italian sculptor
to recover 100000 alleged damages from the cor
poratton of the Metropolitan Museum OF Art for
failure to exhibit mis- bronze group "Saturnalia.'
came up before Justice Fitzgerald in Special Term
Part I. OF the Supreme Court yesterday. photo
graph Of the group handed TO the court and
Gilbert Ray Halves, OF the firm of Halves & Judge
counsel for the sculptor. urged that there was
nothing about it to the slightest criticism
on grounds OF indecency, immortality or bad taste
The original answer in the case was verified
by the present president of the Museum. ]. Pier
pont Morgan, on November u. The only allega-
uon OF the complaint denied was that in respect
to damages suffered by the plaintiff by reason
OF the breach Of contract, the retention by the
Museum OF the Saturnalia group and refusal to
return 1t 10 plaintiff. BIondfs attorneys then
served notice of motion for Judgment on the
pIeadings as framed. and asked that a writ of
inquiry issue from the court directed to a special
jury to determine the amount OF damages suffered
by plaintiff the ground that this was the only
issue in the case
On December Is an amended answer was served.
II was not verified by Mr. Morgan, as In the
original answer. but. instead, by Robert W. De
Forest, as secretary Of the Museum Concerning
this Mr.. Halves said yesterday: Evidently Mr.
morgan dld not wish 10 inplicate himself further
IN the matter CT stutify himself by swearing 10
an amended answer, which might be criticised as
connictnS with the statements already made by
MIN IN the original answer"
Both counsel agreed that the only defense set
up oy the amended answer was that OF ultra
Vlres namely. that the director. General di
Cesnoia. did not mako any contract on giving
the receipts sgred by the curator and that even If
ne dId make such contract with the paintiH
II was entirely beyond his power and could not
bind the Museum
Mr. Hawes declared that according to the by
laws oI the Museum the directory and curator had
IuII power in such matters and that there had been
distinct admission by the Museum in the amended
answer that 1t accepted the group pursuant TO
the terms OF The contract signed Mr. HAYES
characterized as and cowardly the attempt
OF the defendant 10 shield itself with the plea set
up, and to accuse dead man Who could not
reply, Of having exceeded his authority and OF
having made a contract for his own benefit or
that Of fellow Italian
IN other words declared Mr.. Hawes 'the man
VINO Tor many years was the managing director
OIL TINS Museum, who gave 20 it mis- best efforts,
sac!nced his lie and died while the performance
or MS duty, IS now made the victim Of cruel.
hsartess and false charge he and the plaintiff
!or their own prOHt, While he csteuSibly act
ING Tor the Museum. No wonder that j. PierpOQt
Morgan refused to put his signature a document
OF TINS character reteCtITg the motives and
conduct OF the dead official, who had been faithful
unto death. But even If this were all ratit-
cation on the part Of the trustees IS admitted and
that is all the plaintiff requires"
Nj. De Forest cCntended that no contract had Teen
executed by the Museum. lie said the Museum had
always been willing to return the group. provided
the plaintiff would pay the $4,000 mentioned in
the bond. To this Mr.. Halves reioined that the
oucr TO return the group was worthless when
coupled with the condition that the plaintiff must
Itself the condition that the group BE- publicly
exhibited. condition that had been broken by the
defendant.
Counsel received until Wednesday to submit
briefs