A GAINSBOROUGH DISPUTE

New Zealand Herald, Volume L, Issue 15263, 29 March 1913, Page 2 (Supplement)

A GAINSBOROUGH DISPUTE

IRISH FAMILY PORTRAIT.

PERPLEXING MYSTERY.

Ax interesting lawsuit in connection with Gainsborough's portrait of Lady' Anne Ponsonby, which occupied the attention of Mr. Justice Darling and a King's Bench special jury for eight days, came to an unexpected termination recently. Lady Anne Ponsonby was the daughter of Viscount Duncannon, the first Earl of Bessborough, and her portrait by Gainsborough was bought at Christie's in July, 1911, by Messrs. Thomas Agnew and Sons, the well-known art dealers, for 8500 guineas. To Christia'a it had been brought by Mr. Allen, a bank manager at Earl's Court, on behalf of his son, Mr. Damer Leslie Allen, the aviator, and to the latter (who. lost his life in April last in trying to fly across the Irish Sea) the money was paid. His father died just before this case came into court. Mr. William Fitzwilliam Buxton, now living at Goltho Hall, Lincolnshire, contended that this picture of his ancestress, Lady Anne (she married Benjamin Burton) was in his father's Carlow residence, Burton Hall, and that it disappeared while Mr. Charles John Engledow (now of Rostellan Castle,: Quecnatown) was tenant of the hall on a lease signed by his father, and that other family art treasures had been removed. He, therefore, euea Mr. Engledow, Messrs, Agnew. and Mr. Allen's executors, to recover the picture or its value, damages for its detention, or damages for the conversion of the portrait. Mr. Engledow'# defence was that he never saw the picture or knew anything abou it. Many witnesses who were called from Ireland gave sworn testimony that the pio ture of Lady Anne, which was on view in court, • was the one they saw at. Burton Hall many years ago. On the other hand, witnesses called for the defence stated that it was the picture they saw at Creagh Rectory, the residence of the Rev. James Allen, and elsewhere in the family'of the Leslies and the Aliens, descendants of Lady Anne on the female side. . When the hearing was resumed on the last day Mr. Gray, a fine art photographer, who was called an behalf of Messrs. Agnew, said ho had produced a number of photographs taken on behalf of Christie's of the picture they sold, He I £aid he had . compared these photographs with enlargements of a photograph taken in 1896 by the Rev. Burton. Smith of the I picture 'in the possession of the Allen family. Both had similar marks and ' cracks. At the conclusion of this witness's evidence the judge said he now thought it his duty to ask counsel for the plaintiff whether he was prepared to contend that the picture on the. bench was . not the picture which was in the possession of the Rev. James Allen, afterwards of his daughter, afterwards of Miss Leslie, and then made over to Mr. Damer Allen. Mr. F. E. Smith (for Mr. Burton) submitted he was' entitled to go to the jury.' If he had proved that there was a: picture of Lady Anne Ponsonby at Burton Hall, as.» considerable body of evidence he had called tended to show; and that it had never been returned to the plaintiff by Mr. Engledow, he supposed the jury were entitled to; take the view that there were two pictures, and his claim against Mr. Engledow held good until it was answered. J

i Mr. Bngledow's Position. ; The judge said that unless ell the witnesses called -for the executors of Mr. Allen, - who' had no financial interest in ! the matter, had been committing the most deliberate pekjuxy, the case for the Aliens j was overwhelming. ft was as strong a 'case as was ever, put before a court of i justice. Mr. . Smith said he did not sugsfest perjury. He did not think he was entitled [ to' suggest that the late Mr. Damer Allen had been guilty of. fraud. If the plaintiff had a portrait of Lady Anne Burton at Burton jHall and it had been (slum by Mr. Engledow there was sufficient opSortunity for substitution to be effected uring the three years in a depository in Dublin, y- -<; ' The judge said he saw no . evidence of substitution at the depository. It was the purest conjecture. Mr. Smith: It may be that Mr. Engledow is able to give a satisfactory explanation, 1 The jury intervened at this stage, and after . a brief Consultation, the foreman said: The jury are unanimously of opinion that the plaintiff has not proved his case with regard to : his title to the picture I on the bench. •■ The Judge: That entitles all the defendants to judgment with regard to that picture; ana I ought to say, on my own responsibility, that I do 1 not think the pleadings fairly : raise a case against Mr. I Engledow that he may have converted to his own use another picture by Gainsborough, a portrait of Lady Anne Burton. If .that had been so an action would not have lain against him except in Ireland, and for that reason alone, though I think there are many other reasons, I hold there is no further action against Mr. Engledow in this court, and if the plaintiff has any further . grievante against him he must sue him elsewhere. ■ - ' 1 Judgment was then entered for all the defendants, with costs.