It is said that Whistler wore the farthing on his watch-chain. We never saw it, we never knew him to wear a watch-chain. But he made a drawing of the farthing for The Gentle Art.
"The whole thing was a hateful affair," Burne-Jones wrote to Rossetti, and many agreed with him, though for other reasons. The Times, the Spectator, and the Portfolio pronounced the verdict satisfactory to neither party, virtually a censure upon both. Mr. Graves, who watched the trial without the responsibility he was disposed to meet, says:
"I have always felt that, had the plaintiff's counsel impressed upon the jury that Mr. Ruskin had mentioned the price asked for the picture, a matter that has always been outside the critic's province, as well as criticising them as works of art, the result to Mr. Whistler would have been more in his favour. Mr. Tom Taylor was never asked whether he had ever criticised the price as well as the quality."
Armstrong has told us of the suppression of important letters: "A little while before the trial I met Whistler one evening at the Arts Club, and he told me of his hopes of a favourable result. My sympathies were entirely on his side. He assured me that he had evidence, which I believe could not fail to be effective, in the shape of letters from Leighton, P.R.A.; Burton, Director of the National Gallery; and Poynter, R.A., then Director for Art at S.K., speaking highly of the moonlight pictures. These letters seemed to me most important, for they were from people in official positions, whose good words would have weighed with the British jurymen. Nothing was said about these letters in the newspaper reports, and I asked Jimmie the reason for this omission of the strongest evidence on his side. He told me that the writers of the letters had objected to their being put in, and so he had refrained from using them, and without the personal testimony of the writers they would not have been accepted as evidence in court. After the trial I saw Holker and asked him if he had been helping to smirch any more poor artists. He replied that he was bound to do the best he could for his client. I told him he would never have allowed the exhibition of the pictures in court if he had been Whistler's counsel, and he asked: 'Why didn't Jimmie have me?' I explained that I had recommended his being retained, but it was objected that his fee would be too heavy, and he said, 'I'd have done it for nothing for Jimmie.' I was very sorry that Mr. Ruskin was not punished."
Arthur Severn wrote us that, at the Ruskin trial, he "was on the opposite side, although my sympathies were rather with Whistler, whose Nocturne in Black and Gold I knew to be carefully painted. Whenever we met he was most courteous, understanding my position. During the trial one of the Nocturnes were handed across the court over the people's heads, so that Whistler might verify it as his work. On its way, an old gentleman with a bald head got a tap from the frame, then the picture showed signs of falling out of its frame, and when Serjeant Parry turned to Whistler and said 'Is that your work, Mr. Whistler?' the artist, putting his eye-glass up and with his slight American twang, said, 'Well, it was, but if it goes on much longer in that way, I don't think it will be.' And when Ruskin's Titian was shown, 'Oh, come, we've had enough of those Whistlers,' said a juryman. I thought Whistler looked anxious whilst the jury was away. Another trial came on so as not to waste time. The court was dark, and candles had to be brought in—it seemed to be about some rope, and huge coils were on the solicitors' table. A stupid clerk was being examined. Nothing intelligent could be got out of him, and at last Mr. Day, one of the counsel (afterwards the judge), said, 'Give him the rope's end,' which produced great laughter in court, in which Whistler heartily joined. Then, suddenly, a hush fell; the jury returned a verdict for Whistler, damages one farthing."
There was a report of an application for a new trial. A desire was expressed that friends of artist and critic might adjust the dispute. But Whistler made no application, called for no arbitration. He accepted his farthing damages. The British public rallied to their prophet, and got up a subscription for the rich man. It was managed by the Fine Art Society. The account was opened at the Union Bank of London in the names of Burne-Jones, F. S. Ellis, and Mr. Marcus B. Huish, and by December 10 a subscription list was published, amounting already to one hundred and fifty-one pounds, five shillings and sixpence, headed by Burne-Jones, five guineas. The costs were estimated at three hundred and eighty-five pounds, and Mr. E. T. Cook says that eventually they were paid by his friends.
According to W. M. Rossetti, "Whistler wrote to Anderson Rose, saying it would be at least equally appropriate for a band of subscribers to pay his costs; and, he added, 'And in the event of a subscription I would willingly contribute my own mite.'"
Mr. J. P. Heseltine started a fund for Whistler, and a list was opened at the office of L'Art, 134 New Bond Street. But nothing came of it, except that Whistler sent one of his pastels to Mr. Heseltine. For Whistler, the poor man, the costs were not paid, and he went through the bankruptcy court.
Letters flowed into the papers. There were interviews. Witticisms went the rounds. Whistler is reported to have said, "Well, you know, I don't go so far as to Burne-Jones, but really somebody ought to burn Jones' pictures!" A few journalists did not forget that Whistler was an artist, a few people were sympathetic, a few congratulations were received at the White House. If Whistler was disappointed he kept it to himself. He would have liked better to get his costs and damages, he said. But the verdict was a moral triumph. He had gone into court not for damages but to vindicate his position, and, therefore, that of artists.