New-York tribune., 1893-10-20
MRS. GIBERTS VICTORY.
HER HUSBAND DOES NOT EVEN TRY TO
PROVE HIS CHARGES AGAINST HER.

THE SUIT FOR SEPARATION COMES TO SUD
DEN ExD-rIE DEFENDANT MERELY INTRO
DUCEs TESTIMONY ABOUT HIS INCOME
The suit Of Mrs Annie T. Gilbert against Audinet
(;ihert for limited divorce came 10 a sudden ana
unexpected end before Judge Bischom in 'he court
Of common Pleas yesterday. Mrs. Gilbert came
out of IT with flying colors by the sheer strehs'h
of her own case. and in spite OF the fact that her
counsel John ID. Townsend. WAS evidently ou'geh-
eralled by the firm of Parsons. Shepard " osoe'
Although n decision in favor Of Mrs Gilbert was
not made the spot by the Court, III al p'oD"
bty she will win her suit.
The defendant denied absolutely none OF Mrs
Giberts charges by affirmative eVidtn nee except 'ne
assertions TO the amount OF MS income. iie
proved absolutely none Of his charges OF unfaith-
full conduct on the part of Mrs Gilbert by any OF
his own witnesses. did he try TO do go Not
particlc of evidence against Mrs. Gilbert was pro-
duced in the whole trial except the scraps which
the counsel tried to br:n5 out inferentielly By her
discrimination. Her own explanations olssoINed
the clouds which seemed to hang ever her charac-
ter for short period. Az these explanations were
not denied in any way, the husband was probably
willing admit that tn " were complete answers
to the inferences which might be drawn from her
somewhat damaging admissions on Taper.
THE HUSBANDS POLICY.
From the peculiar way in which the case ended
II would appear that the husband had decided 10
allow his wife to secure the divorce, and TO confne
his efforts TO having the amount OF amony-
awarded by the Court made as small as possible
What steps would have been taken had Mr. Town
send pursued different policy is uncertain But
he kept his biggest guns in reserve. evidently in
tending to them after Mr.. Gilbert had built
strong bcastwork of defence. But the fort was not
built. and Mr.. Townsend was not allowed 10 use his
heavy artillery.
When the testimony Of Mrs. Gilbert was finished
Mr. Townsend said that the plaintiff rested her
This declaration made Immediately after
recess. Mr. Gilbert called to the witness-stand
While Mr.. Gilbert was answering q few questions
about his income Mr.. Townsend was looking
through his papers evidently preparing broad
side of embarrassing questions to fire at him.
He is your Witness" said Mr.. Shepard, after
only few inquiries concerning the income OF the
witness had been made.
Mr. Townsend was, OF course. confined in his
crossexamination to matters touched upon in the
direct examination. About the only information
which he secured that Mr.. Gilbert had lived
beyond his income from MS fathers estate in 1886
and 1887. and it had subsequently been cut down
to meet his overdrafts- Mr.. Gilbert was then
excused.
MR. GIBERTS EXPENDITURES.
William NJ Fliess. who was the executor and
trustee under the will of Frederic l.. Gilbert. the
defendants father. the next witness called.
His testimony was confined entirely to the income
of the defendant from his fathers estate. He said
that Mr.. Gilbert had some years drawn more than
due to him. and others he had drawn less. to
make up the deficiency The figures which he
gave are contained In the following table: