TESTIMONY OF L. P. Di CESNOLA.

37

the

the

was

was

.C

o
>
CD

ie stone was inserted in the
legs on the feet; where was

o
d
CO

o
o3

the
ex¬

lid not come down exactly in
, could they he placed right

of the size of the statue.
Did you fit the legs to them ?
Yes, sir.
There in Cyprus.
At my house, yes sir.
Were the feet, which you fitted to those
then on the base as they are represented in

uite, because the feet did
line witli the legs.
the truth and fact that the
upon that base were not a
legs as mounted ?
know the feet belonged to
nt of their size.
: A. The way in which the
he foot was out of line,
enow why those legs could
i on the feet as they stood,
hey would have been out of
tswer. A. Yes, sir.
reason it was necessary to
backwards. A. Yes, sir.
set the legs as mounted on
feet were sawn off ?
lose so.
ject back over the heel and
. I remember.
ire to fit them then that in-
! feet from the base ?
if the leg would not permit
n straight on the foot ; you
stand up, because it was

Mr. Bangs : I wish you would not interrupt
me.
Mr. Bangs continues reading: “Then the
question came a piece where this leg was slant
ing in that way was required in order to strength-
en the weight of the statue when the statue
would be turned in this way; then this piece of
stone was inserted in it, and then the two feet
were adapted on these iepairs of the lower por-
tion of the ankle.” What did you mean by
overturning ?
A. It was placed on a large board which
could be raised in an inclined way.
Q. Then its head was downward and its legs
were upward ?
A. I don’t know how it was done, but it was
placed on a board, so as to get an inclination of
certain degrees.
(2861) Q. Wasn’t the head put downwards and
the legs upwards ?
A. It was put more or less on the incline, but
the head was not down or the legs up.
Q. It was put slantingly with the head down
wards, wasn’t it ?
A. Yes, sir.
Q. Did you see plaster put into the hole?
A. The hole was bored there already.
Q. Did you see the plaster poured into
holes? A. No, sir.
Q. Do you know whether any plaster
poured in ? A. Yes, sir.
Q. How was the plaster poured in ?
A. I don’t know; I saw the thing after it
done.
Q. How was the plaster poured into the holes
if the statue was not turned almost upside down ?
A. It does not require to be in a perpendicular
position to pour anything in a hole; it was put
on a board, and it was inclined, and the plaster
was poured in in a slanting position.
Q. Will you please take this pencil here and
indicate on this figure on page 132, what you
call the inserted piece?
A. It can be seen there (witness marking on
the figure on page 132.)
Mr. Bangs : I move tc
to what can be seen then
Q. There is nothing
here ?
A. No, sir, except the
(2862) Q. Those pa
there, are they new worl-
A. They are all piece
pieces in the statue.
Q. Those places that
new pieces. A. Yes, sit
Q. They were not in t'
A. No, sir ; they were
and had to be fitted.
Q. And does that cons
stone, or partly of stone
A. It is partly stone an
Q. How were they w<
into the log, were they ol
A. The leg behind W
ness illustrating).
Q. Did you find two p
act shape ? A. No, sir.
Q. How were they sha
Q. Did yon not see the
A. No, sir ; I did not
Q. You said that the 1
you see that done ? A.
Q. By Gehlen ?
A. I never saw anyth
was mistaken ; I am spes
I never saw anything of (
Q. This statue was in
was in Fourteenth street ?
A. As far as mounting
Q. You say the legs of
in a heap of fragments a li
that heap consist of ?
(2863) A. Legs, hands,
else.
Q. How did you iden
legs of Hercules. »
A. Because I never f<
that size there.

Q. And you say you found the feet and base
a little ways off in'a pile of fragments, too ?
A. When they dug up a statue, they always
put everything they found in a pile.
Q. You say you found the feet and base a little
ways off ; were they in a pile of fragments, too ?
A. No, sir; they were found lying in the
ground.
Q. By themselves ? A. There with the statue ?
Q. How did you identify those as being
feet of this statue ?
A. Because they were just the size of
feet that would fit such a statue, they were
actly
Q.
A.
Q-
A.
Q-
legs, . „ ....
this picture ?
A. No, sir; not quite so,
Q. What was the difference ?
A. I suppose one of the feet was a little out
of line, as it is shown there.
Q, Which foot stands now differently from
what it did in Cyprus? A. I don’t mean that—
Q. Do those feet, as represented in that pic-
ture, now occupy the same place on the base as
was occupied by them in Cyprus ?
(2864) A. No, sir; I heard from Gehlen that he
moved one of the feet a little back.
Q. You have no doubt about that statement ?
A. No, sir; not tlie slightest, because he said so.
Q. And you believed what lie said ?
A. I believe he ispretty honest in his deposition.
Q’ Now I would like to ask you why, after
those legs were fitted and attached to the statue,
you could not stand the legs right on the feet as
they stood on the base ; why couldn’t the legs
be stood right on the feet as they stood on the
base, without sawing off the feet ?'
A. Because the bottom of the legs was chipped
off diagonally, and it required something to rein-
; it had to be supported in
fitted pieces, as I understand
tlie legs came down a short
!es ? A. Yes, sir,
one had been inserted, what
ii setting those legs right on
twing anything off from the
; you take those legs and set
i the feet ?
ot do it.


A. The leg itself was out of line.
Q. Where was it out of line, behind, in front,
or at the sides, or where ?
A. Probably from the hip.
(2866) Q. Did they saw off the foot and place
it, and then set the stone into the leg afterwards,
or did they first insert the stone into the leg and
afterwards saw off the foot ?
A. They set the foot back first and then put
the leg on, and then inserted the stone ; that is
my recollection.
Q. And then they turned it over and bored the
holes into it ?
A. No, sir ; they were bored before ; they had
joined the legs to the body.
Q. Were the holes bored before they fitted the
feet ?
A. The holes were not made in Central Park.
Q. You don’t know exactly which was done
first in Fourteenth street ; 'whether the holes
were bored first, and the feet moved afterwards,
or the feet moved first and the holes bored after-
wards ?
A. No, sir ; that is what I was saying.
Q. How do you account for it that the legs
could not be made to stand on those feet, or to
connect suitably with the feet, without moving
the feet ?
Mr. Choate : Has not all this been testified to
by Mr. Gelilen ? It seems to me we are spend-
ing a great deal of time over a thing that is not
in dispute at all. There is no controversy about
that.
The Court: I think Mr. Bangs has a right to
examine him on this point.
Q. What was it that prevented the legs, when
the missing pieces were inserted from fitting on
the feet as they stood on the base ?
A. I believe they were prevented from the way
in which the leg was formerly placed in Four-
teenth street ; one leg was placed on in such a
way that it threw the foot probably half an inch
or an inch out of the way.
(2867) Q. Do you mean to say that it was the
idea of the original sculptor to so build the statue
as not to have the leg fit the feet?
A. I don’t know what the original idea of the
sculptor was.
Q. When the statue was originally constructed
by the original constructor, or contractor, or
whatever you may cali him, was it so constructed
that the legs did not fit the feet ; do you think
that that was its original condition ?
A. I can’t tell you what the original sculptor’s
idea was. I don’t know what sculptors did at
that time.
Q. It is now so constructed that the legs do fit
the feet? A. Yes, sir.
Mr. Choate: Has not that been gone all over?
There is no dispute about that statue.
The Court: I understood the witness to say
that if any error was committed, it was commit-
ted by Mr. Gehlen, in Fourteenth street.
Mr. Bangs : If he will say that in the construc-
tion of that statue an error was committed. I am
satisfied. Let him state’that the original scheme
of the original sculptor was departed from, and I
am satisfied.
(2868) Q. Will you say that in repairing, that is,
the placing of the feet under the legs, the original
design of the original sculptor was adhered to or
departed from?
A. It was repaired, as near as possible, to tbo
original design.
The Court : Suppose you have him specify
what time he refers to, whether he refers to Four-
teenth street or to Central Park.
Mr. Bangs : I have not regarded that as neces-
sary, because he has already stated that the -work
done in Central Park was only the doing over of
the work of Gehlen.
Q. In Central Park you did take it apart?
A. Yes, sir.
Q. And you put it together again in the con-
dition in which it came from Fourteenth street?
A. It was repaired as nearly as possible to put
it into proper shape.
Q. Did you adopt any new designs in Central
Park? A. No, sir.

7