The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1907-07-09
HOWARD GOULD loses
POINT IN HIS FIGHT
Judge Refuses to Strike Out
Parts of His Wife'S
Complaint.
ABOUT DETECTIVES
Court Eliminates Part Con-
corning Tampering With
Her Mail.
ABOUT DETECTIVES

New York, July S.-The application OF
Delaney Nicoll, counsel for Howard
Gould, to strike from the complaint Of
his wife, Katherine Clemmons Gould,
who is suing him for separation, GER
tain matter that counsel declared was
scandalous and irrelevant, has been de-
MED by Supreme Court Justice Mccall,
SO far as the scandalous allegation
goes, but granted as to certain irrele-
want matter.
In her complaint Mrs. Gould charged
her husband with cruel and inhuman
treatment and with having his agent
change the lock on her mail bag. In
the decision Justic Mccall says;
1.-THE action brought is one for sepa-
ration from bed and beard. In my
Judgment the allegation found in para
graph ", of the complain, beginning
with the words: That in August, 1905,
the defendant caused his agent, one Mol
10y, down through said folio to the
sentence beginning That in 1905 hav-
ing then planned and determined to
abandon the plaintiff, are Irrelevant,
and to the extent of eliminating such
allegations from the complaint the mo-
ton is granted"
AS to the scandalous matter, the JUS
tice says: "As to the other allegations
with which the motion deals, it cannot
ba said that they are irrelevant, re-
| dundant or scandalous, and so far as
the motion bears upon them it is de-
MED"
Part of the paragraph struck from
the complaint the part referring to the
man Molloy. read; THAT In August
1905 the defendant caused his agent,
one Molloy, to change the lock upon
the mail bag used by the plaintiff for
the transmission Of PLAINTIFFS mail re-
ceived at the postoffice at Fort wash
ington. and procured and caused said
i Mollov to open, read and intercept
sealed letters addressed to plaintiff and
TO report to defendant the contents OF
same"
The allegations that Mr., Gould would
have liked to have stricken out from
| the complaint are as follows FOR
more than two years prior to the COM
mencement of this action the Defend
ant caused the plaintiff to be constantly
surrounded in the plaintiffs home, and
wherever soiourned by spies and detec-
tiyes whose surveillance Of the plaintin
was a harrassing annoyance, wanton
and omen insult and humiliation OF the
plaintiff and was so maliciously cal
culated and intended by the DEFEND
anti
A member of the firm Of Nicoll, An
ah,a q Lindsay, attorney for Howard
Gould, said In reference to Justice NC
Calls decision: ,..
1--WE are granted all we wanted with
ono axcantion. and are more than
pleased with the decision Ihe court
struck from the complaint the ailega-
.,ons that Mr.. Gould had had improper
rolat;ons with divers women and that
N5rs c.ould'A mail had been tampereu
With The court held that these alle-
cations we're not proper in a suit Tor
separation The allegation he desired desired
10 have stricken from the complaint
ryhich the court allowed to stand re-
oarded the charge that spies nad
watohed Mrs. Gould's movements ms
eorrt PERMITS Mrs. Gould to prove tha !,
ana we are willing that she may Try