New-York tribune., 1905-06-14
DENIES WALDORF STORY.
III. GOULD ON THE STAND.
Says He Nerer Approved Archi-
tects Plans Erplains Trouble.

Howard Gould's testimony in the Nassau
County Supreme Court was the feature of the
second days hearing IN the case of Abner j.
Haydel. an architect, against Howard Gould, to
recover fees for drawing plans for Castlegould
His testimony that he never approved any
of the plans submitted by Mr.. Haydel. He said
Mr.. Haydel had never been ordered from the
apartment by Mrs. Gould but that the latter
had, at midnight, intimated to the architect that
the interview was over and that he might. in
consequence, retire. There had been no violent
or profane language in the apartment. he said.
Mrs. Gould came to court in the morning. 1t
was noticeable that 1t was she rather than Mr..
Gould who made most of the suggestions to the
attorneys Mr.. Gould testified later that he
had given the plans little personal attention.
Mr.. Haydel was the first witness examined.
He said he had written the word accepted on
the margin of plans which, he said had been ap-
proved and accepted by the Goulds. He said
ne had commission to study plans in Paris for
two gates called grill" gates. at 100000 EACH
He was to receive per cent for the work of
preparing plans of the gates and looking after
their construction. He claimed $4,000 archi-
tects fees for the work the gates. although
he had not been permitted to look after the con-
structfon, notwithstanding that his plans were
accepted he said. and apparently used for the
gates. which are now standing
The plaintiff placed Walter Cook Manhat-
tan architect, who planned Andrew Carnege's
mousse, and Henry j. Hardenbergh, who planned
the Waldorf-Astorta, the stand. They de-
scribed as custom of the profession rule not
to begin making working drawings until pre-
l1minary drawings approved and accepted,
the presumption being that when Haydel began
his working drawings his preliminary sketch
drawings had been accepted.
Mr.
asked for by the Goulds without extra charge
| that changes did not indicate that the work
was unsatisfactory. but that Mrs. Gould had
simply changed her mind, right which he ac-
corded her without question. He said he might
have charged $500 or even $1,000 for the work
without asking too much. Mr.. Gould. he said
was present at all interviews he held with Mrs
Gould.
He explained that the whole disagreement
was centred in the question as to whether or
not he under obligations to go to the WAL
dorf for consultations regarding the plans, or
whether the Goulds should go to his office, there
to consult. TT question to whether
was obliged to call at the Waldorf, and whether
had to stand their insults he said.
Henry A. Monfort, counsel for the defendant
moved to dismiss on several counts, the chief
being that the plaintiff had not proved of
action, he had not proved that the defendant
compelled breach of performance. That mo-
ton being denied he moved dismissal the
ground that the plaintiff had failed to prove
justifable cause for breach of performance, and
upon two other grounds. Upon these Justice
Keogh said he would suspend decision. Many
lawyers expressed the opinion that dismissal
will be announced before the is finished.
The defendants first witness Charles
Soney, of Manhattan, estimator. who testi-
fed that the price he had named for Castlegould,
$967 O00 had been an outside figure, amply pro-
tacting his firm. Henry r. Marshall, Manhat-
tan architect, said he did not consider the plans
submitted by Haydel complete. Howard
Gould said the stand
1 employed Haydel ins the spring of 1901 to
draw plans for the house. In the summer of the
same year l arranged for him to go abroad to
see Kilkenny Castle Nothing said about
travelling the Continent, but bill was pre-
sented for the entire trip. 1 gave him in
struCtionS, that the castle TO resemble
Kilkenny Castle exteriorly The plaintiff made
frequent changes in his plans and held frequent
consultations until December 3, 4 or of 1903,
when the interview in the Waldorf took place.
During the evening of the Waldorf interview
Haydel declined TO make further changes. About
II o'clock we decided to stop work for the even
ing Haydel was wrapping up sketches. Mrs.
Gould said she wanted blue sun prints of each
new set of plans in duplicate one for Haydel
and one for filing. Haydel said it would be n
professional and that was about ALL and I
told him L would make appointment for n
other evening. Mrs. Gould told him we were
through and that he might go, indicating that
the consultation had ended.