The age-herald., 1901-01-11
STRONG LANGUAGE
 USED BY COUNSEL
De CaStelIane Bric-a-BrdC Case
 in Court
QUESTION OF ALLOWANCE
Countess at Present Receiving Only $1o,800 a Month, But Wertheimer Asks That Trustees be Enjoin-
 ed from ayine any Portion

New York, January 10-The suit brought by Anton J. Dittmar, New York lawyer, as assingee for Asher Wertheimer a Lon don bric-a-brac dealer, to enjoin the trustees of the estate of the late Jay Gould from passing over to the Countess De Castellane any portion of the income of her share of the estate, was called in the District Court today on an application to continue, pend ing the trial of the action, temporary in- junction issued by Justice Fitzgerald pre- venting the Goulds from sending any money to their sister.
 By an agreement between counsel, the Goulds have been permitted to send the countess over sl9,SOO a month for the last two months.
 MT. Utermeyer of counsel for Dittmar presented 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 affidavit MT. Wertheimer attached much of the cor respondence that passed between himself and Count De Castellane In the earlier letters the count acknowledged the receipts of goods shipped to him and agreed to set tie, as alleged by MT. Wertheimer in his affidavit. Interest, says the counsel, on all credit purchases, is to be reckoned at per cent. per annum.
 In several letters the count pleads the Spanish American war an excuse for not meeting his obligations to MT Wertheimer. He says that his income is delayed by the war. In one letter the count assures MT. Wertheimer that his income will shortly increase and that the recipient knows that as soon as the count has flew sous" they will be at the disposal of the creditor.
 In letter dated in London on April 6, 1898, the count writes that he has made an arrangement with his brother-in-law by which MT. Wertheimers bill which is due, will be paid in eighty days.
 In a letter written in January, 1900, the count asks Wertheimer to discontinue le- gal proceedings, -slying that he was about to visit America to realize on certain se- curites for the benefit of his creditors. The count offered to sell, on his return from America, a portion of his furniture, taking in payment the drafts held by Wertheimer signed by the count.
 MT. Untermeyer argued against the tech nical obections raised by the Goulds and then passed to the merits of the case. The acceptances given by the Count and Coun- tess De Castellane, he said, were given for historical bric-a-brac and valuable paint ings, chiefly obtained from sales at Chris ties in London.
 y-Some of it." counsel continued, "has been sold by Count de Castellane and some of it has been bought by George Gould, his brother-in-law and one of the defen- dants here at prices in advance of those charged to the Count de Castellane. In face of these facts one of the defendants swears on information and belief that parts of this claim fraudulent. Mir Wertheimer has to carry these acceptance r., Of. l.z asks that his indebtedness be paid, the Gouds come in and make this shameless defense. In this transaction Count Castel- lane shows himself mean and thor ough-going a scamp e can well be con- ceived.
 He 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 collections to which they were alleged to belong when he purchased them from MT. Wertheimer.'
 Colonel James, for the Gould trustees, said Mr. Untermeyer had attached to his new affidavits an amended complaint, and he would ask for time to consider whether he should not oppose 1t.
 "The only difference between the an - d. ed complaint and the original" retorted MT. Untermeyer, lis that, having since we brought our action, learned that the Coun- tess De Castellane's debts amounted to over a,000,00 we ask that her allowance be cut down to $1O0,000 a year instead of the $250O00. Colonel James opposed the motion to continue the injunction and held it would not be continued Mr4sJames said:
 "One Asher Wertheimer is a dealer in bric-a-brac in London. As has been stated Miss Anna Gould married Count Castellane and with him went to Paris to live and be- come a citizen of that country Mr. Wertheimer became acquainted with the couple shortly after their arrival and dur Ing the years 1895 and 1896 and afterward sold them paintings and old furniture To gain an idea of some of the transactions I will show you two. One was the sale of wardrobe for sl25.O00 and 5000 for com mode, on representation that they were made by old artists.
 We deny that Dittmar is the real party in interest. We hold that this court is without Jurisdiction over the person of the Countess De Castellane and Is without power to determine what part of her in- come is necessary for the support of her self and children. This is an attempt to collect a debt that has not been established
 By the answer which the defendants in- terpose the honesty of that debt Is uues- toned. Even though the court had juris- dicton the will of the late MT Gould would prevent the maintenance or collection of the claim. for in a codicil in his will, MT Gould expressly provided that no beneficiary under the will should have power to cucumber the share to which he or she was entitled
 Colonel James asked the court to dismiss the injunction and let Wedtheimer have his reserved.