The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-11
TROUBLES Of TIE G||lDS
NOT LESSENED BY SISTER ANNALS
ACQUISITION OF A TITLED
HUBBY
PRoFUsE PROMISES TO PAY
Says Mr.. Wertheimer, Were What
Count de CasteIIane Handed
Out With Much FREE
Guency.

NEW YORK, Jan. 1O.-The suit
brought by Anton J. Dittmar, a New
horh lawyer, as assignee of Asher Vert
he1mer a London bric-a-brac dealer to
enJom the trustees of the estate of the
late Jay Gould from paying over to the
Countess de Casteilane any portion of the
income OF her share of the estate, was
called in the supreme court today on an
application to continue, pending the trial
OF the action temporary injunction is-
sued by Justice Fitzgerald, preventing
the Gouids from sending any money to
their sister. By an agreement by coun-
sci. the Goulds have been permitted to
send over to the countess $19,SOO a month
for the last two months.
Mr.. Untermyer, OF counsel for Dittmar
presented an affidavit today from Vert
heimer giving a detailed account of all
the articles sold by him to the Castellanes
and alleging that they were worth all
that was charged for them. Annexed to
his afffdavits Mr.. We1theimer has placed
most CT the correspondence that passed
between himself and Count de Castellane.
In the earlier letters the count acknowl-
edges the receipt of goods ordered by
him and agrees to settle as alleged by
Wertheimer in his affidavit. Interest,
says the count, on all credit purchases is
to be reckoned at 4 per cent per All
mum.
PROMISES IN PLENTY.
In several letters the count pleads the
Spanish-American war as an excuse for
not meeting his obligations to Mr..
Wertheimer. He says that his income
is delayed by the war. In one letter the
count assures Mr. Wertheimer that his
income will shortly increase and that the
recipient knows that as soon as the count
has a few sous they will be at the dis
posal of the creditor.
In a letter, dated In London on April
6, 1899, the count writes that he has made
an arrangement with his brother=in-law,
by which Mr.. Wertheinier's BILL which is
due, will be paid in eight days.
In a letter written in January, 1900,
the count asks Wertheimer to discon-
tinue legal proceedings, saying that be
was about to visit America to realize on
securities for the benefit of his creditors.
The count offered to sell on his return
from America, a portion of his furni-
ture, taking in payment the drafts ned
by Wertheimer, signed by the count.
s Mr. Untermyer argued against the
technical objections raised by the GouSds
and then passed to the merits of the
case. The acceptance given by the
Count and Countess de CasteIlane, he
said were given for historical bric-a-brao
and valuable paintings, chiefly obtained
from sales. at Chrystie's in London.
.'Sorne of it," counsel continued, "has
beeo sold by Count de Castellane and
some of it mas been bought by George
Gould. his brother-in-law, and one of the
defendants here, at prices in advance OF
those charged to the Count de Casteilane.
In face of these facts one of the de-
PENDANTS swear on information and be-
lief that parts of this calm are ffaud-
ulent MI Wertheimer has to carry
these acceptances at a high rate of in
or1rr hot hie, ind
edness be paid. the Goulds come in and
make this shameless defense"
CALLS CASTFII.ANE A SCAMP.
"In this transaction Count Casteilane
shows himself as mean and thorough
going a scamp as can well be conceived.
Gle does not see fit to give us back our
furniture which we have expressed our
Willingness to take, but sells it. He then
has the audacity to say that five pictures
are not from the collection to which they
were alleged to belong when he pur-
chased them from Mr.. Wertheimer."
Col. James, for the Gould trustees, said
Mr. Jntermyer had attached to his new
aifidavits an amended complaint, and ne
would ask for time to consider whether
he should not oppose it.
s''rhe only difference between the
amended complaint and the original" re-
torted Mr.. Untermyer, lis that, having
StNNH''i,
the Countess de tIastellanes debts
amount to over 81, OOO coo, we ask that her
allowance be cut down to 100000 year
instead of the $25O,060 which we We're
satisfied she should receive. If this Is
done the creditors can see g little day.
light as to whether they will ever get
anything"
Col James opposed the motion to con-
tinue the injunction and he'd it could not
be continued legally. Mr.. James said:
"One Asher Werthe mer is a dealer in
bric-a-brac in london AS has been
stated, Miss Anna Gould married Count
CasteIlane and with him went tc Paris
to live and become a citizen of that coun-
try, Mr.. Wertheme became a. quain.ed
with the couple shortly after their ar
rival and during the years 1895 and 1895
and afterward sold them paintings and
old furniture. TO gain an idea of soma
of the transactions l will show you two.
One was the sale Of wardrobe for
Si25, eco and 5000 for Commode, on rep
resenta ton that they were made by old
artists"
Col. James asked the court to dismiss
the injunction and let Wertheimer have
his redress in the French court 10 which
both of the defendants are subject.
Decision was reserved.