The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-15
MRS. GOULD DIDN'T SAY DAMN.
"ON Wy OiTH 7 DIDN'T" SHE
SAYS. HiND on HER HEART.
Husband Also Swcars That No PrOfane
Language Was Used at Waldorf In
tcrvlew with Architect Haytrl-She
Tore IN Plans for French Chateau.

Mrs. Howard Gould was the principal
witness yesterday in the suit for s54 900
damages brought against her husband
by Architect Abner j. Haydel who swore
! that on one occasion, while discussing
plans for copy OF Kilkenny Castle he was
to build for the Goulds, she called him
n damned architect and ordered him out
OF the Gould apartment at the Waldorf.
The case went to the jury yesterday and
to-day at 10 o'clock Justice Keogh will
open the sealed verdict at Mineola, l.. ].
With conscious byplay Of smiles and
bows Mr.. Gould conducted his wife to the
witness stand when her name was called
shortly after 10 o'clock yesterday morning.
In u low tone OF voice she answered her
lawyers preliminary questions for the
record and then went on to describe the
Waldorf interview on the upshot OF which
| hinges the entire case and about which
the Goulds and the architect differ SO widely.
She wanted improvements in the plans
for the servants rooms and the kitchen,
she said. She also wanted the Turkish
bath improved and she wanted private
elevator. Also she wanted Mr. Haydel
to sign each amended plan 81 as to keep
"check" upon him.
| did you order Mr. Haydel out Of your
apartment" she was asked
NO. l did not" she replied with some-
thing of tremor in her voice. Up to that
moment she had been calm,
Now, Mrs. Gould" pursued the lawyer.
did you ever MAKE Use Of the word damn
in the presence of Mr.. Haydel, ~ has been
testifed?'
"On my OATH" cried Mrs. Gould, with
her hand upon her heart, ION my oath,
/ never used such language at that time.
nor at any other time. On my oath,
didn't"
She went on to tell in reply to questions
how. day after day she gave many precious
| hours to going over the plans with the
architect On enc occasion. she averred.
he brought plan for a building sixty feet
! longer than the lot it was to go on.
Once she said in reply to a question
OF Lawyer Thorne on discrimination.
MIR. Haydel brought me plans for French
chateau, instead OF an Irish castle 1t was
too ridiculous. tore those plans UP.
1T was you whom MIR. Haydel consulted
| always. your wishes he tried to carry out
not your husbands isn't that true?" asked
| the lawyer.
please understand" she answered
warmly, that the castle was built by my
husband for me. 1t was built to please
me and no one else This was a figure Of
speech, for the castle has not yet been be-
gun.
q Did you ever look at Mr.. Haydel's COM
pleted plans ! did not; | was too dis
gusted with the whole thing.
The last part of that answer was ordered
| stricken out Mr. Haydel's lawyer then
tried to get square by asking:
You have been engaged in n great deal
OF litigation with various people, haven't
you, Mrs; Gould?'
She looked displeased, at the question and
! Court told her she didn't need to answer.
Lawyer Thorne then continued bis CROSS
examination in milder mood.
q. In the summer Of 1902 had You any idea
Of n5eakps ground for the .o Sastlef A.
ing PLAN 4. i doubted it Very much. wa ="
g. Are YOU sure yGm meyer Sron received hny
| a. Quite sure: quite sure,
She also denied ever having seen NUM-
her Of letters Mr. Haydel asserted he had
sent her.
husband rose, met her half way and
| shook hands with her in congratulaton
OF her coolness Previously Mr.. Monfort,
her counsel, had told her that everything
depended upon her keeping cool, A mo-
! ment later she was recalled to the stand
tions
Before Mrs. Gould was called. her hus-
band was on the stand for about thirty
minutes under REORGANIZATION. Mr.
| Gould testified that the gates which, accord
ing to Mr., Haydel's plans. were to cost over
100000, had been put up for $2S, 900 upon
the plans of another architect. Then Mr.
! Gould was again called upon TO relate
what led to the trouble at the Waldorf
He told how the architect had declined
to furnish the number of blue prints Mrs.
| Gould had called for
o. Did Mrs. Gould call Mr.. Haydel
damned archit"Gt and order him out Of the
language.
Did you make the changes that Mrs
Gould suggested" MIR Haydel was asked,
when he took the stand in rebutta Of Mrs.
Gould's testimony; which was Il general
Il made changes until I was tired Of
| being insulted." was the reply. And he
repeated the charge that hard language
was used against him.
The. greater part of the afternoon was
occupied with the summing up of counsel
for both sides. Then Justice keogh de-
| livered his charge to the jury.
| There IL, he said, mo question as to
what was intended by the contract. The
one party had the means to build house
| and employed the others talent to build
1t for him. The contract says az soon as
! the first sketch plan is completed so that an
| estimate of the cost Of the whole structure
can be made from it the architect is entitled
| to one per cent. of that cost. The total
fee was to be 8 per cent. Mrs. Gould said
she wasn't pleased nor was Mr. Gould
Shall mans honest labor depend on
another's caprice and pleasure you will
ask? Yes, if it is so specified in the con-
tract"
| After referring to the Waldorf episode,
| the Court went on to say:
Underlying all contracts are certain
conceded rules of conduct, propriety and
speech which it is presupposed will be prac-
| tised and lived up to. The question be-
| fore you Is, did Mrs Gould say the things
to the plaintiff in the manner he describes,
| so az to warrant his declining ever to 60
| there again? just reverse the case for the
sake of argument, and suppose Mr.. Gould
| had been 30 ordered out by the plaintiff?
| The question is, was as between man and
| man, Mr.. Haydel so Inundated? Was the
| sting 30 bitter, 40 keen? Was the expert
| ence 80 Degrading"
| Previous to the summing up Mrs. Gould
| had left the court room. The jury was
then instructed if agreed, to leave sealed
| verdict. Assurance was given to them that
supper should not be wanting if it took them
any length of time to come 20 a decision.
Mr., Gould went round and shook hands
with everybody and assured the reporters
that a Kilkenny Castle he was bound to
have.