In the Court of Exchequer Division on Monday, before Baron Huddleston and a special jury, the case of Whistler v. Ruskin Lawsuit for Libel against Mr. Ruskin Nov. 15, 1878. came on for hearing. In this action the plaintiff claimed £1000 damages.
Mr. Serjeant Parry and Mr. Petheram appeared for the plaintiff; and the Attorney-General and Mr. Bowen represented the defendant.
Mr. Serjeant Parry, in opening the case on behalf of the plaintiff, said that Mr. Whistler had followed the profession of an artist for many years, both in this and other countries. Mr. Ruskin, as would be probably known to the gentlemen of the jury, held perhaps the highest position in Europe and America as an art critic, and some of his works were, he might say, destined to immortality. He was, in fact, a gentleman of the highest reputation. In the July number of Fors Clavigera there appeared passages in which Mr. Ruskin criticised what he called "the modern school," and then followed the paragraph of which Mr. Whistler now complained, and which was: "For Mr. Whistler's own sake, no less than for the protection of the purchaser, Sir Coutts Lindsay ought not to have admitted works into the gallery in which the ill-educated conceit of the artist so nearly approached the aspect of wilful imposture. I have seen, and heard, much of cockney impudence before now; but never expected to hear a coxcomb ask two hundred guineas for flinging a pot of paint in the public's face." That passage, no doubt, had been read by thousands, and so it had gone forth to the world that Mr. Whistler was an ill-educated man, an impostor, a cockney pretender, and an impudent coxcomb.
Mr. Whistler, cross-examined by the Attorney-General, said: "I have sent pictures to the Academy which have not been received. I believe that is the experience of all artists.... The nocturne in black and gold is a night piece, and represents the fireworks at Cremorne."
"Not a view of Cremorne?"
"If it were called a view of Cremorne, it would certainly bring about nothing but disappointment on the part of the beholders. (Laughter.) It is an artistic arrangement. It was marked two hundred guineas."
"Is not that what we, who are not artists, would call a stiffish price?"
"I think it very likely that that may be so."
"But artists always give good value for their money, don't they?"
"I am glad to hear that so well established. (A laugh.) I do not know Mr. Ruskin, or that he holds the view that a picture should only be exhibited when it is finished, when nothing can be done to improve it, but that is a correct view; the arrangement in black and gold was a finished picture, I did not intend to do anything more to it."