NICKNACKITARIANISM.

On the 11th of September, 1802, the following cause was decided by a

jury in the sheriff’s court.

_Hurst_ v. _Halford_

The plaintiff was a _nicknackitarian_, that is, a dealer in curiosities,

such as Egyptian mummies, Indian implements of war, arrows dipped in the

poison of the upas-tree, bows, antique shields, helmets, &c. He was

described as possessing the skin of the cameleopard exhibited in the

Roman amphitheatre, the head of the spear used by king Arthur, and the

breech of the first cannon used at the siege of Constantinople; and, in

short, of almost every rarity that the most ardent virtuoso would wish

to possess.

The defendant was the executor of a widow lady of the name of Morgan,

who, in the enjoyment of a considerable fortune, indulged her fancy, and

amused herself in collecting objects of natural and artificial

curiosity.

It was stated that this lady had been long in the habit of purchasing a

variety of rare articles of the plaintiff: she had bought of him models

of the temple of Jerusalem and the Alexandrian library, a specimen of

the type invented by Memnon, the Egyptian, and a genuine manuscript of

the first play acted by Thespis and his company in a waggon; for all

these she had in her lifetime paid most liberally. It appeared also she

had erected a mausoleum, in which her deceased husband was laid, and she

projected the depositing her own remains, when death should overtake

her, by the side of him. The plaintiff was employed in fitting it up,

and ornamenting it with a tessellated pavement; this was also paid for,

and constituted no part of the present demand. This action was brought

against the defendant to recover the sum of 40_l._ for stuffing and

embalming a bird of paradise, a fly-bird, an ourang-outang, an

ichneumon, and a cassowary. The defendant did not deny that the

plaintiff had a claim on the estate of the deceased, but he had let

judgment go by default, and attempted merely to cut down the amount of

the demand. The plaintiff’s foreman, or assistant, proved that the work

had been done by the direction of Mrs. Morgan, and that the charge was

extremely reasonable. On the contrary, the defendant’s solicitor

contended that the charge was most extravagant; he stated, that the

museum of the deceased virtuoso had been sold by public auction, and

including the models of the temple of Jerusalem and the Alexandrian

library, the antique type, Thespian manuscript, spearhead, and every

thing else she had been all her life collecting, it had not netted more

than 110_l._ As to the stuffed monkies and birds, which constituted the

foundation of the plaintiff’s claim, they scarce had defrayed the

expense of carrying them away; they were absolute rubbish. The

plaintiff’s attorney replied that his client’s labour was not to be

appreciated by what the objects of it produced at a common sale,

attended, perhaps, by brokers, who were as ignorant as the stuffed

animals they were purchasing.

The under-sheriff observed, that in matters of taste the intrinsic value

of an article was not the proper medium of ascertaining the compensation

due to the labour which produced it; a virtuoso frequently expended a

large sum of money for what another man would kick out of his house as

lumber. If Mrs. Morgan, who it was proved was a lady of fortune, wished

to amuse the gloomy hours of her widowhood by stuffing apes and birds,

her executor was at least bound to pay the expense she had incurred, in

indulging her whimsical fancy. He saw no reason why a single shilling of

the plaintiff’s demand should be subtracted; and the jury viewed the

curiosities in the same light, and gave a verdict for the plaintiff,

damages 40_l._

* * * * *

The Every-day Book and Table Book, v. 1 (of 3) or Everlasting Calendar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac · 第 712 / 982 题