New-York tribune., 1900-11-10
VERDICT IN GOULD CASE.
FOREMAN OF THE JURY TO HAND IT
SEALED TO THE COURT TO-DAY

A largo crowd gathered yesterday TO hear the
proceedings IN the OF Frank D. Mowbray
against Howard Gould for $4,000 damages. Three
court officers kept many from entering the room
When Justice Giegerich asked whether there were
ary requests charge the jury, Mr.. Severance
handed up big bundle Of typewriter pages. Rush
Taggart made the closing appeal to the jury Tor
Mr.. Gould. Just after Mr. Taggart began his ad-
dress Mr.. Gould entered the courtroom and TOOK
H seat the counsel table
Mr.. Taggart briefly reviewed the circumstances
leading the alleged contract by which Mr.
Gould engaged Mowbray for life. The lawyer SAID
that would be d most remarkable contract Inc
question whether Mr.. Gould had hired NOW
bray for life at d salary of $50 a month. Nowbray
said he did. Mr.. Gould absolutely denied such
contract Against the word Of Mr.. Gould the
Jury had the uncorroborated testimony OF NOW
bray. II such a contract had been made would
Mowbray have accepted IFS dismissal without
word Of protest? Would he have written letters 10
Mr.. Gould appealing for assistance In getting an
other place and apologizinR fer past conduct? MT
Taggart read from the letters and called attention
the fact that in Of the letters was there any
mention Of the alleged contract. Mowbray had
contradicted himself. The suit should be dis
missed without the jurys even considering MI
Gould's testimony. Mowbray had been discharged
for drinking. Mr. Gould contending not LOT
money. but because OF principle He appealed
for justice.
Mr.. Severance made a bitter attack on every
BODY attached TO the Gould interests in the case
fake records had been a base, vile SANDER MT
Gould had told this poor Englishman that II he
did not tell certain secrets he would give him
life job The evidence showed that Gould had
something to conceal. Three years after this suit
was brought il was discovered that the defence
wanted to plead that Mowbray discharged for
drunkenness 1t had been intimated that Mr.. Sew
ersnce would suffer a result Of the suit He
was not afraid Of "all the Gould hirelings or the
Gould millions and influence
Mr.. Severance danced up and down in front Of
TIE jury box and gesticulated during his attack
on Mr. Gould and his counsel. Gould sat ap-
parenty unmoved.
Mr. Severance declared that Mowbray had re-
ceived his injuries while obeying the orders OF Mr.
Gould In the letters appealing for assistance
Moybray had tried touch the heart OF Mr
Gould Mowbray had been able to earn only about
500 in the last three years. His Disagreement was
against him He was likely to lose his sight en-
ttrely Nowbray was discharged because OF Mrs
Gould In closing Mr.. Severance made a touching
appeal to the jury help his client. "a blind
man"
Justice Giegerich. in charging the jury. recounteo
the claim OF AIowbray and the testimony offered
in support OF the contentious in the complaint he
then took up the testimony and discussed 1t from
q legal point of view. The jury was instructed TO
disregard the testimony Gould's relations with
his guests on board the yacht as bearing upon the
alleged contract.
This plaintiff" said Justice Giegerich. must
prove by a preponderance OF evidence thaI ME
contention is true. Unless he does this his case
must fail"
As 10 the charge of drunkenness, Justice Gle
gerich said the law required that an employe must
be sober polite and obedient. He commented on the
fact that Mrs Gould did not testify 10 the alega-
tion that she was the cause OF Mowbrays dis
missaI The Jury was ordered 10 disregard the in
tmation as 10 Mowbrays being in prison in Eng
land as not being proved
The jury retired 1:30 p and at $40 Justice
CSiegerich had IL brought into court. One juror
wanted be enlightened on atd backms Justice TSe
Justice sent the jury back TO its room. and at
sos O'Clock called 1t TO court again. He gave IN,
structions that sealed verdict should be returned
into court 10 o'clock this morning, and that 4
The iuryInen had agreed a, verdict at IL
O'clock last night they should be discharged from
further consideration of the case.
The Jury found a verdict after o'clock and
went home. The foreman win hand the sealed
verdict TO the Court this morning. Mr.. Gould s
lawyers announced that If the verdict should be in
favor of the plaintiff they would appeal the case.