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Depictions of courts of law aren’t common, and fall into five main groups: those showing cases and events from legend and history, modern documentary records of trials, others purely fictional, some satirical accounts, and a few general views without narrative. This article covers the first three, leaving satire and general views to come tomorrow.
The first is an account of a corrupt judge in the Achaemenid Empire around 525 BCE, and the extreme penalty he paid.
The story given by Herodotus about the corruption of Sisamnes, known as the Judgement of Cambyses, is today obscure. However, in 1489 it formed the basis for two paintings by Gerard David now viewed as forming a diptych. Sisamnes was a notoriously corrupt judge under the rule of King Cambyses II of Persia, and accepted a bribe in return for delivering an unjust verdict.
In the left panel, Sisamnes is being arrested by the king and his men, as the judge sits in his official chair. Hand gestures indicate the bribery that had been at the root of Sisamnes’ crime.
King Cambyses sentences Sisamnes to be flayed alive, as shown in the foreground of the right panel. In the upper right, David uses multiplex narrative to show the judge’s skin then covering the official chair, as a reminder to all who sit in judgement of the fate that awaits them should they ever become corrupt or unfair.
David’s gruesome pair of paintings were a pointed reminder to the authorities in Bruges of the importance of an independent judiciary, and the penalty for any judge who was tempted by bribery or any other form of influence, cautions with contemporary value even now.
Jean-Léon Gérôme’s Phryne before the Areopagus from 1861 harks back to a classical legend of an unusual court case in Athens. Phryne had been a highly successful and very rich courtesan (hetaira) in ancient Greece, who was brought to trial for the serious crime of impiety. When it seemed inevitable that she would be found guilty, one of her lovers, the orator Hypereides, took on her defence. A key part of that was to unveil her naked in front of the court, in an attempt to surprise its members, impress them with the beauty of her body, and arouse a sense of pity. The legend claims that this ploy worked perfectly.
Gérôme shows a whole textbook of responses to surprise among the members of the court, although Phryne herself is covering not her body, but her eyes; each of the men in the court, of course, is looking straight at her. At the time that Gérôme painted this, France was well into its Second Empire, when Napoleon III had removed the gag from the French press, and was moving from his early authoritarian regime towards the more liberal. The legend of Phryne was a convenient vehicle for Gérôme to express his political opinion, and her nakedness suggests her role is that of Truth.
The other much better-known story of judgement is that of King Solomon, told in the Old Testament, and in a succession of marvellous paintings since the Renaissance. Two women each claimed to be the mother of the same healthy baby, alleging that the other was the mother of a dead child. Solomon’s wise judgement was to threaten to cut the living baby in two, which elicited the correct protective response from the real mother of that child.
Nicolas Poussin’s famous painting of 1649 uses a classical composition, the two disputing women and their actions preventing it from becoming too symmetrical. Timed slightly before the raising of the sword, the master of painted narrative depicts the body language with great clarity. Solomon’s hands indicate his role as the arbiter, in showing a fair balance between the two sides.
The true mother, on the left, holds her left hand up to tell the soldier to stop following the King’s instructions and spare the infant. Her right hand is extended towards the false mother, indicating that she has asked for the baby to go to her rather than die. The false mother points accusingly at the child, her expression full of hatred. Hands are also raised in the group at the right, perhaps indicating their reactions to Solomon’s judgement.
Coverage of prominent court cases came to dominate reporting in the press throughout Europe and North America. Several cases became so popular that they moved artists to depict them, and one, the Dreyfus Affair in France, had lasting influence on that nation’s history.
Frederick Sargent’s painting of The Tichborne Trial (1873-1899) shows one of the most prominent cases in England. In 1854, Roger Tichborne, heir to a title and family riches, was presumed to have died in a shipwreck. The following year, an Australian butcher came forward with the claim that he was that heir, which was tested in a civil court case, heard between 1871-72.
The outcome of that rejected the claim, and the Australian butcher then underwent criminal prosecution for perjury, in one of the longest criminal cases heard in an English court, during 188 days between 1872-73. Sargent’s painting shows that case in progress, with the accused sitting just below the centre and looking straight ahead of him. Standing to the right of him is his barrister, Edward Kenealy, with ‘mutton chop’ whiskers.
The Australian butcher was convicted, sentenced to fourteen years in prison, and eventually died destitute in 1898. His barrister’s career was also finished, and he was subsequently disbarred. He went on to be elected as a Member of Parliament for his own political party in 1875, but died shortly after losing that seat in 1880.
Courts in some jurisdictions have long been reticent about allowing parties, judges, or juries to be drawn, painted or photographed. Although American practice has long allowed artists as reporters, in 1925 Britain made it illegal to draw inside a courtroom during a trial. The thirst for images for publication has since been satisfied by artists who work entirely from memory.
Arnold Mesches’ Courtroom sketch of the US Navy’s court of inquiry about USS Pueblo’s capture by North Korea from 1969 is perhaps more of an illustrative record of a court in session, sketched from a square and conventional position. But other artists and cases are quite different.
Robert Clark Templeton’s Drawing for CBS Evening News of Bobby G. Seale and others (1971) shows the head and shoulders of the accused, who co-founded the Black Panther Party for Self-Defense and was here on trial in New Haven, CT, for the murder of Alex Rackley. The jury was unable to reach a verdict and the case was declared a mistrial.
Another fine example of courtroom art is Elizabeth Williams’ portrait of Faisal Shahzad, The “Times Square Bomber” Sentencing, Manhattan Federal Court: October 5, 2010 (2010). Shahzad had pleaded guilty to five counts of federal terrorism-related crimes committed when he planted a car bomb in Times Square, New York, on 5 May 2010, for which he was sentenced to life imprisonment without parole.
There have also been a few paintings of fictional trials.
Abraham Solomon’s wonderful pair of paintings is set immediately outside a court. In the first, the father and family of the accused are seen Waiting for the Verdict (1859) at the end of a trial. The court appears in cameo up to the right, in that strange state of suspended animation as it awaits the decision.
Solomon’s pendant shows the elation when the verdict of Not Guilty (1859) is returned. The man, now freed from the dock, is embraced by his wife, who is kneeling in supplication, as their young child reaches out to touch father’s face. His father, eyes damp with tears of relief, is thanking their barrister earnestly.
In place of the view of the distant court, which is being symbolically dismissed as the barrister closes a door at the right edge, the left side of the painting now leads out to the warm light of the early dusk in the outside world, indicating freedom.
The melodrama of legal process is shown in William Frederick Yeames’ ‘problem picture’ Defendant and Counsel from 1895. An affluent married woman wearing an expensive fur coat sits with a popular newspaper open in front of her, as a team of three barristers and their clerk look at her intensely, presumably waiting for her to speak. As we’re told that she is the defendant, the viewer is encouraged to speculate what she is defending: a divorce claim, or a criminal charge?
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