Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-11
Count De CASIELLAHE
NOT A WISE bARGA|A[R.
PAID WERTHEImER OUTRAGEOUS
LIZ HIGH PRICES FOR ANCIENT
FURNITURE.
A THOROUGH GOING SCAMP
IS WHAT THE ATTORNEY FOR THE
COUNTS CREDITORS CALLS
THE FRENCHMAS.

THE FRENCHMAs.
| NEW YORK, January 10-The suit
brought by Anton J. Dittmar, a New
York lawyer, as assignee OF Asher
Wertheimer, a London bric-a-brac
| dealer, to enjoin the trustees OF the es-
! tate Of the late Jay Gould. from pay
ing over TO the Countess De Castellane
any portion OF her share OF the estate,
was called in the Supreme Court to-
day on an application to continue.
pending the trial Of the action, a tenn
porary injunction issued by Justice
Fitzgerald. preventing the Goulds from
sending any money to their sister
BY an agreement between counsel
the Goulds have been permitted 20
| send over 70 the Countess $l9.S00 a
! month for the last two months.
MF. Cntermyer, OF counsel for Ditt-
| mar, presented an affidavit to-day
from Wertheimer giving detailed ac-
| count OF all the articles sold by him
to the Castellanes and alleging that
| they are worth all that was charged
| for them.
Annexed TO his affidavits, Mr.. Werth-
elmer has placed much OF the cores
| pondence that passed between him
| SET and Count De CaEtcllane. In the
\ earlier letters. the Count aekuow Lodges
| the receipt Os goods ordered by him
and agrees 10 settle al alleg ed by Mr..
/ Nertheimer In his affidavit Interest.
l says the Count on all credit purchases
I Is 20 be feCkuned al 4 per cent per an
I mum. IN several letters Count pleads
4 the SpanlEh-American war as an Ak
I cuse for not meeting hts obligations 10
| MT. Wertheimer. He says shat his in
I come is being delayed By the war. In
one letter the Count assures Mr.
Wertheimer that his income will short
1 ~ increase and that the recipient
knows that a. soon as the Count has
/ "a few sous they will be at the dis
| posal OF the creditor
| In a letter dated London, on April
\ 9Th, 1899, the Count writes that he has
/ made arrangements with his brother
! in-law b. which Mr. Nertheimer's
/ bill, which Is due, will be paid tn eight
! days.
I in letter written In January. 1900
I the Count asks Werthetmer TO discon-
/ tinue legal proceedings saying that he
was about 10 visit America 10 realize
4 on certain securities for the benefit OF
/ his creditor. The Count offered to sell.
/ on his return from America. a portion
Of his furniture taking in payment the
Z drafts held by Werthsimer signed by
/ the Count.
! Mr.. Untermyer argued against the
! technical objections raised by the
I GOulfs and then passed % the merits
( Of the case. The acceptaurss given by
! the Count and Countess Dc Castellaue.
\ he said were given for historical bric-
I a-brac and valuable paintings. chiefly
I obtained from sales AZ Chrystie's. Ora
I London.
some ~ Il. counsel continued. has
been sold BIZ Count o. Casteliaue and
some OF 1t has been bought BY George
Gould, bis brOther-in-law and one u
Z the defendants here az prices In adj
vance Of those charged % the Count
Y De CasteIlane ~ face 81 these facts.
Z one Of the defendants swears on lnIor-
4 nation and belief that parts Of this
cain are fraudulent Mr. Wertheimer
has 70 carry these acceptancss al
high rate of interest and when he asks
that his Indebtedness De paid the
GOBlds come in and make this shame
< less defense. In this transaction Count
/ Castellane shows himself az mean and
/ thorough going a scamp as can veil be
Z conceived"
| Col James. for the Goui4 trustees.
I opposed the motion 70 continue the III
I junction and held that IL could not %
/ continued legally. Mr.. James said.
One Asher Wertheimer, Il a deal
| CT In brIc-a-brac Ia London. As has
| been stated. Hiss Anna Gould married
| Count CastelIane and WITH him went
I to Paris TO live and become q citizen
OF that country. Dir. Wertheimer be-
/ came acquainted with the couple short
( iy after their arrival and during the
/ years 1895 and ( s-8 and aftsrward sold
them paintings and old furniture. To
/ gain an idea Of some 81 the transac-
| tions. I VIII shOw you two. One was
/ the sale Of a wardrobe for s1Z5. 800 and
| s. 900 for a commode. on representa-
! ton that they we're made by old ar
/ fists.
We deny that Dlttmar is the real
party in interest
I We hold that this court is without
I Jurisdiction over the psrscn o. the
I Countess De Castellane and il without
! power 70 determine what part o. her
Y income "a necessary for the support of
\ herself and children. This Is an al
tempt n collect a debt that has not
\ been established"
Col James ASKED the court 20 Gis-
1 mlEs the injunction and Iet Werfheim-
K - have bis redress in rhe French
court 70 which both o. the Defendants
\ are subject
Decision Ens reserved