New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-15
ART CASE BEGINS
Collector Fitness in Suit
against Dealer.

Artists, art dealers and collectors gath
cred IN great numbers in the Supreme
Court yesterday at the trial of the suit
brought by William T. Evans, well
known art collector. of MOntclair, y. j..
and director and secretary of Mills & Glib.
against William Clausen, a dcaler in pct
ures, wherein the plaintiff demands $3.50
which he paid the defendant for two paint
iags, which Clausen represented as the
work OF Homer D. Martin, but which,
Evans charged, We're cOunterfeits. The
case caused Il stir In tine art world two
years ago. when it became known that
three canvases had been withdrawn from
the W. T. Evans collection in the National
Gallery of American Painters in the Cor
coran Art Galleries, Washington, because it
had been learned that they were spurious.
Mr. Evans had given fifty pictures by
American artists to the collection. He had
bought the three paintings from Clausen,
two being represented as Martins and the
third as from the brush of George Inness
Soon after Evans began the suit, and had
Clausen arrested and released on a bond.
The artists III court yesterday, some of
whom will be witnesses, included Frederick
Ballard Williams, Henry A Ranger. Louis
Ii. Dessar. ]. Francisco Murphy and Fred
eIlCk w. hOSI.
Frank R Lawrence, OF counsel for Evans.
in opening the case for the plaintiff said
that Clausen had been selling spurious
pictures for years. Some OF the alleged
forgeries, said Lawrence. were OF the work
of Inness Alexander Fl. Wyaut and Ralph
Edward Blakelock. The last named, sad
counsel, was In an insane asylum from
1890 to 1850, and Clausen should have known
hot no int Iva
IT was said that Mr.. Evans was not actu-
ated IN his suit merely by desire to re-
cover the money he paid for the alleged
limitations, but by sense of duty 10 the
art world as leading patron Of American
art.
Most OF tho day was taken UP with the
testimony OF Mr.. Evans. who resented the
suggestion OF opposing counsel that he
was at any time an art dealer. asserting
that he was "a business man with taste
for art" and collector. He said that he
knew Homer d. Martin, who in his early
professional life was an unappreciated
landscape painter.
Mr.. Evans said that in 1898 he decided TO
sell his collection by foreign artists and
from patriotic motives to buy only Ameri-
can paintings. Late in 1892 or early in the
next year. said the plaintiff. he called al
Clausen's place. He saw a picture entitled
Near Newport" Clausen, he said, told
him that he bought it from a former pri-
vate secretary OF James Stillman. Mr..
Evans bought the picture for $3.50. Mr..
Evans said that he had seen the picture
at a private view before the exhibition.
when it was labelled Oyster Bay" He
suggested that the landscape looked more
like Newport Neck, hence the compromise
title. He said that at the time there was
a strong demand for Martins work, and
that the prices of his canvases increased
800 TO 1900 per cent. Mr.. Evans said that
If the painting was a genuine Martin it
was worth the price he paid for il; if l.
counterfeit, II was worth only $500 S3CG.
MI Evans told of his patriotic gift 10
the Washington gallery, in which, he said,
he was actuated by spirit of patriotism
and philanthropy Clausen shipped the
paintings for him. He told also how the
genuineness of three Of them was unques-
toned and of their withdrawal by him.
These were Near Newport. - "Old Mill Near
ST Cloud" and Afternoon In Midfeld."
The last two were represented TO Mr.
Evans as by Martin and Inness, respect
lively For the "Old Mill Near st. Cloud
canvas Mr.. Evans paid $500. AS an imi-
tation of Martin, he said. il would be
worth only $3.50 The Inness for which Mr.
Evans paid sS75 Clausen said he bought
from "a lady in New England On cross
examination Mr.. Evans said that he had
sold some pictures. but objected TO being
called a dealer He said he had so many
pictures that ne had to sell some:
Mr.. Evans said that he was not an eN-
pert and that his statement at the time
of Clausen's arrest on the question of the
pictures was based on his knowledge and
on information. But a matter of fact
he relied a superficial examination, and
said that if he had examined them under
a magnifying glass he would not have
bought them. Getting down TO technical
tiles, the art collector said that he would
have detected an artificial discOloration-
II would have exercised my olfactory
nerve" he said Il would have put my
thumb into the pigment
Asked how much time was required for
painting TO mellow. he replied:
They disinteSrate and mellow AT once
and ripen within a year
He had never caused painting to he
retuuched, said Mr.. Evans, and had only
one restored, a panel that was cracked.