The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-29
WANTS WIDOW A WITNESS
SAYS "DRIvING MISTS' WAS
WANTS WORK. NOT DAWSON'S.

Aecount ana Cla1sens Aater sates-
All ths testimony h IN in the suit %
william T. Evans against William Claunsn
and Justice Page will charge the jury this
morning. Mrs. ArAbsIla L. wyant. widow
OF Alexander n. vyant. was q witness for
tho plaintiff yesterday.
Clausen bad testified that the picture.
Driving Mlsts.- to which wyant's name
had bsen sigDsd and which Dawson do
clsrsd was painted in great part by him
self under orders from Mr.. Evans 90 get
IL in shape Tor the Evans SALE in 1000. had
been signed by Mu. wyAnt only after he
had pleaded with her 20 sign IL and after
Mr.. Evans had promised TO make her n
present 10 tho picture sold we'll. ClAnsen
said she signed IL with tears in her eyes.
u gave that picture Co Carlton wigGins.
thu artist testified Mrs. wyant. when
Jaw Il again knew Il was my husband's
work but I couldn't place u exactly. l
told Mr.. Evans I would sign II u I could
ss@ Il In q strong light and satisfy myself
that the picture was still in its original
condition. found that il was right that
should rign it
Mrs. wyant on cross-sxsmination de-
MED that the reason she didnt sign the
picture az first was because u was an I'M
finished sketch. or that she had lee Mr..
Virgins have Il because II was only
sketch. IL was very dirty when shs gave
Il TO him. che said, and he aftsrward had
Il CLEANED and sold it himself. Shs was
sorry RfterwArd that she had given 70
away.
Edward W. Hatch. Of counsel for Mr..
Evans. picked up Claussns lsttsr prees
book In which appeared an alleged letter
hy Clansen 60 Mr.. Hamilton" Of Syracuse.
which gAs PUT N EVIDENCE by the defence
70 snPg1rt the alIeGed history q Martins I.
evidence by Mr.. Hatch, who invites tbs
attention q the jury 20 the fAcs that the
date Of the letosr next preceding the Ham
llton letter In the copy book was ak
month"; before. and that the charAntsr OF
similar with the exception OF the ink on
the Hamilton lsttsr.
Mr.. Hatch read from q transcript oe
Claueen's journal 70 show that AZ about
the same time he got $50 from Dr; Hum
phreys for 'On the Road TO F1shbnn.; he
credited Dawson on his books With just
half that amount. From q Stateusnt OF
Clausen's and Dawson's bank accounts
Mr. Hatch showed that the same day
Claussn got 90 from DR.. Humphreys
for Normandy Bridge. he deposited
IS ,Os4 and drew out O. sSe. while Dawson
On February .. 1903. Clausen got - 600
from r. 3. Smithers for the picture Near
Ontario Beach deposited 81 .67s and drew
out o. $50. Three days later Dawson de-
DaWson was the first witness for the
defence in rebuttal and he declared that
the 1900 was borrowed from Clausen
TO buy a cottage at Lyme. Conn. which
was offered % him at a small price. He
paid hack 81 90 IN cash and gave Clausen
s.ss. nNn ANas "A a.
know what the payment OF tS5S was for
and couldn't remember what any 81 the
other items on the hank statement were.
lie was SURE he didn't get 81 40 for doing
Near Ontario Beach. attributed 70 Mar
TIN.
Dawson had refused to tell when he
testified before what the substance was
he used in transferring the paint Of
picture. but yesterday he said he didn't
mind telling
4 discovered that petroleum would
run through paint. said Dawson;
accordingly mix petroleum with chloro-
form and put 10 ON the face Of the canvas
aud 10 makes the paint very elastic
leave the paint until the liquid has evap-
Grated and then | am ahle "a work with
the paint in an elastic condition.
When ClauAen was called and asked
who tore the pages ont Of his letter press
book he said:
1T was in perfect condition last week
when handed " 20 Mr. Hatch
Clalis.n confirmed DaWson's story that
the g. OOO transaction was a loan 10 Dawson.
Mr. Hatch asked him n he meant To
wear that counsel for the plaintiff or
any one else in court had torn out the
missing pages. and he said be- didn't. but
was sure the pages we're there ~h@n the
book went out OF his possession.
In summing up Jerome Fisher. counsel
for CIausen. declared that Mr.. Evans
was acting under the influence OF persons
Who were trying 20 bring about the down
fall OF Clausen. He said that by having
testify under a dim light the other aide
had worked up q dramatic situation Tor
effect upon the jury.
In regard 90 Mrs wyAnt's testimony
MIR Eisner said:
Poor. old Mrs. wyant. an old. weak
lady. who first testified that the picture
was in the same condition. and then ad-
mittet that II was only q sketch. She's
willing 60 say. for what reason l know not.
that the picture was in exactly the same
condition when she signed IL as when she
gave IL away
Mr.. Hatch pitched into Dawson and
paid this tribute TO =. Hopkinson smith
Par be IL from me 20 cast any refec-
tons upon the versatility Of genius OF
r. Hopkinson Smith. After hearing
him did you think that Mr.. smith ever
hRd doubt upon any subject in his liteP
He formed an opinion In three minutes
and held II for seventy-two years. He
paints water colors very well and is good
engineer. while his books have given
pleasure TO the people who have road theSn.
thank tho Lord IL wasn't expert testi-
mony On the foundations Of the Statue
81 Liberty he was giving or he would
have been here yet He fell distance
Of four feet from the platform To the
, floor. An awful fall for a man - years
old. yet my frieud Mr.. Smith. with tho
picture in front 81 him. fell To the floor.
was picked up by the court attendants
and helpel back 20 the stand and never
ceased talking for an instant. Mr. Smith
IL a walking dictionary and he uses every
word overtime every day. He has never
painted picture in oil that he dares keep
IN this country. How much 10 bis tessi-
mony WORTH