New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-19
PAINTINGS ALL 0. X.
COULDN'T BE FORGED
+. HopkiRsOn Smith Says SO:
and Others 4gree.

The defence OF William Clausen. the art
dealer Who is being sued by William T.
Evans for S5.ss5. the price Of two alleged
spurious Homer D. Martin paintings that
he sold the plaintiff, opened yesterday be-
fore Justice Page in the Supreme Court.
The witnesses examined were just as posi-
tive that the alleeed bogus pictures were
genuine as the legion of witnesses for
Evans we're that they were not.
The principal witness Of the day Was
r. HOpkinson Smith. author and artist.
and he was belligeTent AL through the
oss-examination by ex-Judge Hatch. who
appeared for the plaintiff. His sarcastic
comments on some Of the lawyers ques-
tiOns caused Justice Paee 20 direct him
20 answer them. Mr.. Smith Is the Viz
ginian who .ecentlv az q public dinner de-
clared that New York was the most in
solent city on the face Of the earth
and that New Workers were too busy MAX
ing money 10 be polite. Several times
yesterday he said 20 ex-Judge Hatch: You
don't know what you are talking about
half the time" Finally the examiner said
quietly:
This gentleman on the stand seems TO
lack the ordinary cOurtesies of a gentle
man, and demand that he be directed 20
answer my questions without comment
Hopkinson Smith Causes Diversion.
All through the cross examination Of Mr..
Smith there were heated passages between
counsel and Witness. Another diversion
Was caused by Mr.. Smiths topping OF
the stand while leaning over 10 examine
picture. u became certain yesterday
that the defence would put on the stand
Arthur Dawson. from whose studio, il has
been told. many Martins ''Blakelocks''
and Illnesses Vere sent to Ciausen's
gallery.
Counsel for Clausen wanted the disputed
canvases produced in court by the plaintiff.
but eN-Judge Hatch refused TO seeede 90
the request. saying that he was unwilling
20 have them exhibited until Dawson had
testified. Justice Page suggested that
Dawson he called az once 10 testify. but
counsel for the defence said that such
a step would disarange his plans.
I'm opening his case Jerome Eisner. for
Clsusen, said 20 the jury;
Just how we got the Martin pictures
and how they were sold will be explained
20 your satisfaction. Mr.. Dawson will eX-
plain the part he played I'm the transaction
pictures that were sent 20 him"
Positive Of Gsnuinsness.
r. Hopkinson Smith said that he was
acquainted with the work Of Homer n
Martin and that he was positive that the
noted artist painted Near Newport" and
"old Mll Near ST. cloud" over which the
hght is being waged. The witness said.
There is not a man living who could
forge a Homer Martin 30 as 20 deceive a
painter. 4 dealer. q collector, a connois-
seur. yes. but not q painter"
Mr.. Smith also was positive about the
/ genuineness Of Late Afternoon in Med
I field attributed 10 gorge Inness. which
Mr. Evans bought and now alleges Is q
forgery. In bis technical description of
4 ''Old Min Near St cloud Mr.. Smith said
I that Martin had introduced one or two
/ hard lines. and 20 soften these had brought
\ the sky down TO the mill and back Of IT,
/ He added:
This. however. did not soften tho lines
| enough. 50 Martin put in two little dabs
1 OF trees near the mill. n takes a great
I painter 10 do things like that"
Although the suthoF-artist Wss sure the
disputed Inness was genuine he said.
But a great deal OF work has been done
on It. par, ularly in the foreground. by
another artist. The difference between the
/ two can be easily seem
The picture Normandy Bridge which
I Dr. Alexander G. Humphreys. president Of
I Stevens Institute. bought from Clausen and
returned as a fake" vas shown 10 Mr.
Smith. and he identified II as a genuine
Martin
Ex-Judse Hatch stirs Things Up.
Things began - happen when eX-JUdge
Hatch took Mr.. Smith IN hand for cross
examination by insisting that he cOnfne
himself 20 answering questions put 10
him. The witness resented this and per-
sisted in saying What he had 10 say in his
oVn way
Il don't want YOU 10 lecture ~ me- OK
claimed counsel.
1t would do you lot of good n did 80
retorted Mr.. Smith. But n YOU don't
want me 20 10 50 7 win try 80 refrain
from instructing you 81 10 painting and
art
Mr.. Smith said ne vas ,enty-tNo years
old He added that he had painted in oils
. fo~ fffeen wears and had four .,f his oil