UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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Record 37 of 496

System Number: 11960
Date: 5 November 1878
Author: Robert Loveband Fulford[1]
Place: London
Recipient: James Anderson Rose[2]
Place: London
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: MsDc


In The High Court Of Justice
Queen's Bench Division

1877 - W. No. 818

Between James Abbott McNeill Whistler   Plaintiff
- and -
John Ruskin[3]   Defendant

Affidavit of Robert Loveband Fulford of No. 13 Kings Road Grays Inn in the Co[unt]y of Midd[lese]x[,] a Member of the firm of Walker Martineau & Compy the Solicitors for the Def[endan]t in the above Action

Sworn 5th } November 1878
Filed   }

I say

1. The Writ of Summons in this Action was issued on the 28th day of July 1877 & the pleadings were closed on the 11th day of December 1877. -

2. The Deft has recently been suffering from very severe illness & it has been necessary on two occasions in consequence of such illness to postpone the trial of this Action on the first occasion until the Trinity Sittings 1878 & subsequently until the present Michaelmas Sittings -

3. Owing to the Deft's illness my firm were unable to obtain sufficient instructions to proceed with the defence of such Action neither was it until recently that the Deft sufficiently recovered to give instructions for the defence of this Action[,] such instructions were forthwith laid before Counsel and thereupon he advised that the present application for leave to administer Interrogatories should be made. -

Interrogatories to be answered by the Plaintiff by Affidavit in writing pursuant to the Order of [sentence incomplete]

1. Were the following pictures painted by you or any & which of them exhibited by you or by some other person or persons at the Summer Exhibition at the Grosvenor Gallery[4] in the year 1877.

1. Nocturne in black and gold
2. Nocturne in blue & Silver
3. Nocturne in blue & gold
4. Nocturne in blue & Silver
5 Arrangement in black No. 3.
   Irving as Philip II of Spain -
[p. 2] 6. Harmony in amber & black
7. Arrangement in brown.

If exhibited by any other person or persons state the name & address or the names & addresses of such person or persons - where else have the s[ai]d pictures been exhibited & 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 & when

3. State with regard to each of the pictures by you exhibited as afsd [aforesaid] whether the same was then for sale & if so what price was asked by you.

4. Have any & which of the sd pictures so exhibited been sold and when & to whom & for what price?

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

[illegible initials]


This document is protected by copyright.


Notes:

1.  Robert Loveband Fulford
Robert Loveband Fulford (b. ca 1850), solicitor, of Walker, Martineau and Co. [more]. A related document signed by Fulford on the same date is #12103.

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

3.  John Ruskin
John Ruskin (1819-1900), critic, social reformer and artist [more]. The case of Whistler v. Ruskin was heard at the Queen's Bench of the High Court on 25-26 November 1878.

4.  Grosvenor
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.).