Excerpt from The Fate of a Famous Picture

After the death of my grandfather in 1851, the painting passed into the possession of my father; Mr. -john Henry Towne, who prized it as the choicest and most valuable in his collection. For many years, and until his death in 1875, it hung in his residence, No. 1616 Locust Street, Philadelphia. By his will it was bequeathed, together with the sum of $5000, to the Pennsylvania Academy of the Fine Arts, subject to the condi tion that it shall be hung in a conspicuous position and good light in their galleries, and shall be distinctly labelled as follows: 'painted by E. Leutze for John Towne, Esq., and presented to the Academy by his son, John H. Towne.' The bequest of. The painting and the money was tendered by me, as executor, to the Academy, and'was accepted gladly by its then (1875) President, the late Mr. James L. Claghorn. In due time the picture was hung and labelled in accordance with the conditions imposed by the will, and so remained for several years, although later I am informed that it was removed to the storeroom of the Academy. Finally, in 1898, it was sent to New York, and sold at auction for $90.

Learning of this fact accidentally some time afterwards I wrote to the Academy, calling attention to its violation of the conditions under which it had accepted the gift. I was informed in reply that the conditions had been overlooked, and that an effort would be made to repurchase the painting. After several years' delay, in which nothing was accomplished by the Acad emy, although the matter was kept constantly before it, I took the initial steps in a suit to compel the Academy to fulfill the obligations it had assumed, but subsequently, on the advice of my counsel, Messrs. George Wharton Pepper and Robert D.

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