New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-29
TO JURY TO-DAY
CL1USEN CASE OTER.
by Court This Morning
as to Disputed Pictures.

~ S)f' lS't'N - w hrs
Justice Page will charge TIE Jury which
FOR two weeks has been listening IN the
Supreme Court To the suit OF william Z.
Evans against William ClaCseu today.
and the twelve judges of the facts va Ge-
eide whether or not the defendant art
dealer sold the plaintiff two spurious PAINT
ings which were attrt buJcd TO Homer II.
Martin. which alteration Evans &C.
mands $5,3J9. TIE price lie paid fcr tie TIVE
pictures.
Further testimony was iltrOdGcel IN the
morning session yesterday. the afternoon
being ;sKen up 10y TIE summing up of
counsel The address OF ex-Judge Hatch.
counsel for i,vaus. brist!ed with in-ective
directed q: C'aueen. His closing words 10
the jury were: we ask only that the right
BE- indicated. that the man who freely
contributes 10 public benefactions and the
artist who leaves behind .l.m 4 fair fame
shah not be the victims cf vandalism"
lie dwelt strongly on the testimony of
Mrs. Francis H. Lesgett. who fatty con-
tradicted Clsusen on the stand as TO the
reason why he retained genuine Wyant
painting from the Leggett collection and
returned a copy made at the defendants
gallery by an artist named Erb. The latter
the lawyer characterized as an obscure
painter, and he asked why the defence had
not produced him. Mr.. Hatch suggested
that he was another OF the dead persons
behind whom the defendant tried 10 shield
himself.
Every few minutes I-vans's counsel
turned toward Clausen anu pointed his fin
ger at the art dealer. who throughout the
seve-e arraignment, kept his eyes on ex-
Judge Hatch.
Jerome Eisner for Clausen. said that the
evidence showed that his client had never
made any effort to falsify a painting. He
pictured Clausen as man with a brilliant
mind who was experienced in art. AS TO
the defendants purchase Of the two dis
puted Martins from persons unknown 10
him, the attorney said: why shouldn't he
have purchased those paintings from per
sons unknown 10 him personally: II man
knows a thing is right. is what IL purpOrts
10 be AMI stranger offers it 10 him for
sale and he can buy II and make a profit
out Of il. why should he not?''
Clausen vas recalled TO the stand in the
morning 20 explain the payment by him Of
$2.0J 10 Arthur Dawson following the sale
by C!susen Of another disputed Martin 20
DR. Alexander {. Humphreys. president Of
Stevens Institute. MIR. Hatch had called at
tention 10 the absence of two pages from
the defendants letter-copying book. When
TIE defendants lawyer asked him about
tho missing sheets Clausen insisted that the
book vas intact three weeks ago. This
answer aroused ex-Judge Hatch, who.
jumping TO his feet, shouted:
DO you mean 10 say the pages we're in
the book when you turned il over in this
courtroom"
Il certainly do replied Clausen.
Again. on cross-exsmination. Mr.. Hatch
referred TO the mutilated book. lie asked.
solemnly:
NJ. Clausen. 90 you mean 10 accuse
either myself. my associate. Mr.. Lawrence.
or the clerk Of this court with having torn
out these pages
Il don't accuse anybody" said Clausen.
4 new witness yesterday was Mrs. Ara
bella l.. Wyant widow 81 Alexander H.
Wyant. the artist She was called 10 tes-
tify about a canvas. Driving Mists,"
painted by her husband.
~ knew i was a Wyant." she said but
I couldn't just remember g."
Mrs Wyant testified that Evans was in
the galleries when she saw the picture that
day and that he asked her to sign il. She
told him. that after she had examined the
satisfied herself as 20 its identity she would
have no objection 10 signing. Later the
picture was removed 10 Clausens galleries,
She said. and there she signed Il.
did Mr. Clausen have anything 70 do
with YOUR signing it,
He did not
Did lie urge you 10 sign it,
No"
Were there tears in your eyes as YOU
signed the picture With your husbands
name. as has been testified to by the de-
fendant?"
certainly not
did you notice any change in it since
you gave il 20 Mr.. Virgins
NO. il was the same. except that it had
been cleaned"
Was it a completed picture" asked Mr..
EJener. on cross-examination.
No" replied the artists widow, only a
sketch. but a very good one"
you had seen it before giving it 10 Mr..
Virgins
Yes. on the floor Of the studio
Did sou sell the picture 20 Mr.. Wig
gins"