Joseph Pennell: The Bio of Whistler, Pt. 2

"By the Law Courts" by Joseph Pennell

"The British courts, like all others, take their time. The case against us did not come up until the July of 1907. In the meanwhile it was never out of Joseph Pennell's mind, day or night. It was not his habit to be beaten, no matter what the game, no matter what the fight. He let no idea, no argument escape him, tireless in his study of the situation by day, and I have known him to get up out of his bed to jot down a sudden suggestion, fearful lest otherwise it might be forgotten by morning. One comfort was that we could rely upon our three witnesses: Mrs. Whistler (Whistler's sister-in-law); Luke Ionides, one of his oldest friends; and W.E. Gray, the photographer well known to artists.

The trial began on July 2, 1907. Though we were defendants, because we claimed Whistler's authority, the onus of proving it rested with us. Pennell, nerves all on edge beforehand, was cool enough in the witness box, thankful that matters had come to a crisis, conscious that he was in the right, that he had done all he could to prove it, and that suspense would soon be over. 

The other side called in Mr. Montague Lush, whose reputation was to make things uncomfortable for witness in cross-examination. With an air of 'now I've got you,' Mr. Lush said, to some question of Whistler's nationality, 'Why, you know that Whistler was never even in America.' 'Never in America!' Pennell answered, quite in his Buckingham Street manner, 'Why, he was born there!' and the counsel, whose business was to confuse, was confused himself. Again he thought to score with the objection: 'But why should Whistler have asked you? You have never written a biography.' 'No, but my wife has,' came quick as a flash, and that point also was quickly disposed of.  

Things seemed to go better for us, though Mr. Justice Kekewich's manner was so much pleasanter to Miss Philip than to me that my heart sank. But it was plain that she had no case. The trial dragged on, till on the Tuesday, the ninth the case was 'dismissed with costs.' Whistler's authorization could not be denied. Our rights were vindicated, our authority proved. 'Now,' we were told, 'you can put 'The Authorized Life of Whistler' on the title page.' 

We felt it called for celebration. Our publisher and his two partners gave us a lunch at the Café Royal where Whistler loved to go. We drank the white Bordeaux-Podensac he loved to order. In the evening we dined with Mr. and Mrs. Sauter, falling among friends who rejoiced with us. A load was off our minds." 

To be continued

(Excerpts from "The Life and Letters of Joseph Pennell," Volume Two, by Elizabeth Robins Pennell.)