UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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System Number: 13279
Date: 6 and 16 November 1878[1]
Author: James Anderson Rose[2]
Place: London
Recipient: Walker Martineau & Company[3]
Place: London
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: MsDd


In the High Court of Justice
Queens Bench Division
1877 W. No. 818

Between[4] James Abbott McNeill Whistler    Plaintiff
and
John Ruskin[5]    Defendant

Interrogatories to be answered by the Plaintiff by Affidavit in writing pursuant to the Order of the Honourable Mr Justice Lush[6]

dated the 6th day of November 1878.

1  Were the following pictures painted by you or any and which of them exhibited by you or by some other person or persons at the Summer Exhibition at the Grosvenor Gallery[7] in the year 1877.

1 Nocturne in Black and Gold
2 Nocturne in Blue and Silver
3 Nocturne in Blue and Gold
4 Nocturne in Blue and Silver
5 Arrangement in Black No. 3
   Irving as Philip II of Spain
6 Harmony in Amber and Black
7 Arrangement in Brown.

If exhibited by any other person or person state the name and address or the names and addresses of such person or persons.

Where else have the said Pictures been exhibited and when

2  Were any other pictures painted by you exhibited at the said Exhibition

If so give the names or descriptions of the same. Where else have the same or any of them been exhibited and when

3  State with regard to each of the pictures by you exhibited as aforesaid whether the same was then for Sale and if so what price was asked by you

[p. 2] 4  Have any and which of the said Pictures so exhibited been sold and when and to whom and for what price.

5  State with regard to each of the pictures exhibited by you or by such other person or persons as aforesaid at the said Summer Exhibition at the said Gallery in the year 1877 in whose possession and at what place the same to the best of your knowledge and belief now is, Also where each was when you last heard of it.

[p. 3] 1877. W. No. 818
In the High Court of Justice
Queens Bench Division

'40'[8]

Whistler
- v -
Ruskin
Interrogatories

Mr J Anderson Rose
11 Salisbury Street
W C

Walker Martineau & Co.
13 Kings Road Grays Inn
W C.

[p. 4] 1877. W. No. 818
In the High Court of Justice
Queens Bench Division

Between James Abbott McNeill Whistler    Plaintiff
and
John Ruskin    Defendant

I James Abbott McNeill Whistler of Tite Street Chelsea in the County of Middlesex Artist the above named Plaintiff in answer to the Interrogatories delivered by Defendant pursuant to the order of the Honourable Mr Justice Lush dated the sixth day of November 1878 make oath and say as follows

1. All the said pictures were painted by me and exhibited by me at the said Exhibition. Nos 3 and 4 3 Nocturne in blue and gold and one of Nocturne in blue and silver were was exhibited by me at the Dudley[9] gallery Piccadilly inabout 1875 or 1876 and No. 4 No. 7 was [four illegible words] at No. 48 Pall Pall[10] [sic] in 1874 or 1875[.] None of the said pictures have been ever publicly exhibited by any person as far as I know except on the said occasions

'I have[11] on various occasions exhibited in Paris[12] & at places and on some occasions may have so exhibited some of the pictures & say that I am unable further to answer the 1st interrogatory'

2. At the said exhibition I also exhibited one other picture painted by me[.] Such picture is a portrait of Thomas Carlyle[13][.] The said picture was also exhibited by me some 3 or 4 years ago at an exhibition at 48 Pall Mall

3. Of the said picture No. 1 only was then for sale [p. 5] and the price asked by me was 200 guineas[14]

4. No. 2 was sold sent by me to Mr Graham[15] in about 1877 for 150 guineas No. 3 was sold to the Honourable Percy Windham[16] [sic] in about 1875 or 1876 for 200 guineas.

5. At the last time when I was aware where they were Nos 1 and 7 were in the possession of Mrs Noseda[17] No. 109 Strand[,] No. 2 in the possession of Mr Graham Grosvenor place W[,] No. 3 in the possession of the Honourable Percy Windham 44 Belgrave Square W. No. 4 in the possession of Mrs Leyland[18] 44 Princes Gate Hyde Park And to the best of my belief they are still in their possession. No. 5[19] is in my own possession and No. 6[20] is in my possession but has been painted over by me since the Exhibition

J A McN Whistler

Sworn at the Hall of the Incorporated Law Society Chancery Lane in the County of Middlesex this 16th day of November 1878 Before Me

R S Boddington[21]

A Commissioner to administer Oaths in the Supreme Court of Judicature in England

[p. 6][22] 'in lieu of a picture[23] which he had from me a commission to paint for 150 gns'

[p. 7] '94'

Sworn 16 Novr 1878

Whistler
v
Ruskin
Def[endan]t
Answers to Interrogatories

J. Anderson Rose
11 Salisbury Street
Strand


This document is protected by copyright.


Notes:

1.  6 and 16 November 1878
Early versions of this document, as well as p. 1 here, date this as 6 November 1878; however, this was then sworn upon on 16 November. (Other versions of this document appear at #11950, #12065, #08966 and #12066).

2.  James Anderson Rose
James Anderson Rose (1819-1890), solicitor [more].

3.  Walker Martineau and Company
Solicitors for John Ruskin (1819-1900), critic, social reformer and artist [more].

4.  Between
Double underlined.

5.  John Ruskin
John Ruskin (1819-1900), critic, social reformer and artist [more].

6.  Justice Lush
Sir Robert Lush (1807-1881), Lord Justice [more].

7.  Grosvenor Gallery
JW exhibited seven oils at the 1st Summer Exhibition, Grosvenor Gallery, London, 1877 (cat. nos. 5, 6A, 6, 4, 8, 9 and one ex. cat). These were Nocturne in Blue and Silver (YMSM 113), Nocturne: Blue and Gold - Old Battersea Bridge (YMSM 140) as 'Nocturne in Blue and Silver', Nocturne: Grey and Gold - Westminster Bridge (YMSM 145), Nocturne in Black and Gold: The Falling Rocket (YMSM 170), Arrangement in Black and Brown: The Fur Jacket (YMSM 181) as 'Harmony in Amber and Black', Arrangement in Brown (YMSM 182) and Arrangement in Black, No. 3: Sir Henry Irving as Philip II of Spain (YMSM 187). Arrangement in Grey and Black, No. 2: Portrait of Thomas Carlyle (YMSM 137), was exhibited in the entrance gallery (ex. cat.).

8.  '40'
Added in another hand, probably that of J. A. Rose. The same is true of '94' below.

9.  Dudley
JW exhibited Nocturne: Grey and Gold - Westminster Bridge (YMSM 145) and Nocturne in Black and Gold: The Falling Rocket (YMSM 170) at 9th Winter Exhibition of Cabinet Pictures in Oil, Dudley Gallery, London, 1875 (cat. nos. 160, 170).

10.  48 Pall Pall
Arrangement in Grey and Black, No. 2: Portrait of Thomas Carlyle (YMSM 137) was shown at Mr Whistler's Exhibition, Flemish Gallery, Pall Mall, London, 1874 (cat. no. 6).

11.  'I have ... interrogatory'
Added in another hand in left margin

12.  Paris
JW exhibited several Nocturnes at the Galerie Durand-Ruel, Paris, in 1873. They were described as 'des vues des bords de la Tamise, pendant le brouillard ou lorsque tombe le jour' (GUL PC 1, pp. 61, 71; see YMSM 138).

13.  Thomas Carlyle
Arrangement in Grey and Black, No. 2: Portrait of Thomas Carlyle (YMSM 137) was ex-catalogue.

14.  200 guineas
Nocturne in Black and Gold: The Falling Rocket (YMSM 170) was the painting so priced, which aroused Ruskin's indignation.

15.  Mr Graham
William Graham (1817-1885), MP and collector [more], owned Nocturne: Blue and Gold - Old Battersea Bridge (YMSM 140).

16.  Percy Windham
Percy Wyndham (1835-1911), collector [more], owned Nocturne: Grey and Gold - Westminster Bridge (YMSM 145).

17.  Mrs Noseda
Mrs Jane Noseda (b. 1813 or 1814), print dealer [more]. JW had deposited Nocturne in Black and Gold: The Falling Rocket (YMSM 170) with her, probably as surety for a loan.

18.  Mrs Leyland
Frances Leyland (1836-1910), née Dawson [more]. She owned Nocturne in Blue and Silver (YMSM 113).

19.  No. 5
Arrangement in Black, No. 3: Sir Henry Irving as Philip II of Spain (YMSM 187). It was bought in 1878 by C. A. Howell.

20.  No. 6
Arrangement in Black and Brown: The Fur Jacket (YMSM 181). At the trial JW said he had 'painted over it with a view to alter it and change its character as a picture. It is in a transition state' (unidentified press-cutting, GUL PC).

21.  R S Boddington
Probably a lawyer or lawyer's clerk, unidentified.

22.  [p. 6]
The note on this page is written in the same unknown hand as the note in the left margin on page 4.

23.  picture
Nocturne: Blue and Gold - Old Battersea Bridge (YMSM 140) was given to Graham in place of Annabel Lee (YMSM 79) (see JW to Graham, 23 July 1877, #01784).