New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-06-15
DENIES USING CUSS WORDS
MRS. GOULDON THE STAND
Jury Returns Sealed Verdict IN
4rchitect's Suit OUer Castle.

The trial of the suit of Abner j. Hayde Man
haitian architect. against Howard Gould for fees
for plans for the proposed castle at Sands Point,
ended last evening. Justice Keogh ordered the jury
to return sealed verdict 1t is generally believed
by lawyers that the plaintiff will recover, although
the jury instructed not to consider the ex-
penses the architect put to, there was no
provision for them in the contract.
When the third days hearing opened yesterday
Mr.. Gould still the stand. He gave his
answers in a straightforward manner. He testified
that his engineer, Mr. Gryce had advised against
proceeding with the plans until he fully suited
Following the rupture at the Waldorf he reiterated
his request that Mr. Haydel again call at the Wal
dorf to continue with the plans. He went no fur
Their with them after the Waldorf meeting. AT
that meeting he asked Mr.. Haydel to make two
prints of each drawing, for the architect and
for the GoulGs.
Mrs. Gould followed her husband the stand.
She was attired, two previous days. entirely
in lavender with polo hat and a voluminous
veil, which she brushed aside when she took the
chair. She gave her testimony clearly.
Mr.. Haydel called at the Waldorf about $50
o'clock evening in December 1s03,' said Mrs.
Gould. He remained until u perhaps 1215,
and during all of the time he present nothing
was discussed save the plans for Castle Gould.
Some of them were spread on the table, others
were not. T examined some. but not all the plans
that evening. 1 wanted blue prints and wanted
plans to be certified that he could not say had
changed my mind
Did Mr. Haydel say that you frequently changed
your mind?" asked
He did. at almost every interview. I wanted
the servants quarters changed to give them
more light and air; 1 found the kitchens and sit
ting too dark, and desired changes to be
made there. Mr.. Haydel said he would work them
out in the plans. We started and traced tissue
paper. Then had discussion. I told him
we did not like part OF the conception, and he be-
came very angry He said if L was going to try
to run things that way could get another
architect
There was no porter called There order
given Mr.. Haydel to leave the room. I never used
profane impote language. never. on my oath
I never asked for three copies OF tracing cloth:
only for two blue prints. At the interview there
was no suggestion of plans tracing cloth. The
plaintiff had on several previous occasions made
apologies to for his conduct. My husband and
1 were staying at the Waldorf two three days
a week at the time of the interview. Mr.. Gould
requested Mr.. Haydel to meet him subsequen:
date but the plaintiff, I believe, did not agree.
IT spent considerable time the plans submit
ted by the architect From the time started
gave almost my entire time to their consideration
day after day. Mr.. Haydel would remain
house one two three days at time, and L
would sit at the table just as long he did, study
ing and suggesting changes in the plans Then
he would come back with plans in way
bodying the suggested changes. One plan provided
for house sixty feet longer than the land we had
planned TO place it on. Mr. Haydel was obliged
tn comply with my wishes in the matter of correc-
tons and changes" she said.
The cross examination did not materially shake
Mrs Goulds testimony. She became angry several
times.
Mr. HaydeI recalled, testified that he had not
only heard Mrs Gould ring for the porter. and
heard latters step in the hall. but had the
porter.
cit sounds perhaps, like using a light word to
say that acceptance of the plans subject to
the whim of a his wife, said the justice
in his charge yet such is the case. The contract
expressly stipulates that not only Mr.. Gould but
Mrs Gould. must be satisfied Without giving
satisfaction to both of these the plans could not
fulfil the terms of the contract. Now in the
event Of this failure OF plans suit Mr.. and Mrs
Gould such failure casts neither actually by
implication any reflection the merits of the
plans They might be architecturally perfect: they
might be possessed of remarkable features that
ception, but unless they meet with the approval OF
lecture the architect cannot unoer the contract
9The plaintiff says Mrs. Gould said. There's
the door; let the - srchitect go Did she say
might expect to be treated in polite society? 1t is
for YOU to determine whether he so treated
eensGltation with the defendant and his wife in
the hotel Unless he was treated there can
Count co for there would then be nq warrant for
discuss the plans. Recollect. insult may SO
wound, so hurt. sting person to warrant |
treated him with i9dgnity in The place ana under
ton. 1t is your, province to decide whether the
Sa wRsn hen ea yh w h
1T IS 9ot possible to tell definitely what shall
Is the SAID M oad 1T is s ne
s@a1 g sooe as Tfs 5ns BUT until the
verdict is rendered tomorrow connot speak with |
Mr., Haydei said that IN case the rye verdict was
1t win be read to-day.