The Birmingham age-herald., 1907-06-07
COULD DIVORCE
 CASE IN COURT
Wife Brings Sweeping Charges
 of Improper Conduct
PARTICULARS IF WANTED
Arguments Heard on Motion of Gould to Strike Out Scandalous AIllega- tIons-5refs Ready
 By Monday.

New York, June 6.--The case Of Mrs. Howard Gould, who has instituted suit for a separation from her husband was given its public hearing in court today. The occasion was the hearing of argu- ments on motion of counsel for Mir. Gould to strike out certain allegations in Mrs. Gould's complaint. Arguments of consld- erable length were made both for and against the motion, and at their conclu- sion the attorneys were given until Mon day to file briefs in the case.
 The grounds. on which Mrs. Gould is suing her husband, as shown by parts of the complaint read by counsel for MT. Gould, are:
 First, abandonment of Mrs. Gould by her husband; second, the allegation that the habits and conduct of MT. Gould are such that 1t was improper for his wife 70 live with him third, that since Sopten- Der last he has neglected his wife and refused to provide for her except that he paid for her support a' any hotel since that time; and fourth, that Gould has treated iiis wife with extreme cruelty, employed spies to harrass her, caused her hioii Doh No bS Adthpf7iCti NiAhs ilaiil- talned illicit relations with women of bad character and employed an ex-convlet and several New York detectives to ae- cure improper evidence against Mrs. Gould
 Delaney Nicoll, who argued the case for Mr. Gold, said that every allegation would be denied when the answer to Inc suit is filed He maintained that the charges to which he objected, as scan dalous and irrelevant did not tend to sup port the allegation of cruelty. He espe- cially objected to the charge that for three years Gould had maintained illicit and immoral relations with women of had character, and had conducted himself in this respect in an open and notorious manner. He declared that the charges were made for the purpose of putting the defense in an embarrassing position, and that in other cases. where such allega- [ lions have been introduced the court has l stricken them out
 The allegations are decidedly sweep ing" said he. The plaintiff does not make any specifications, mentioned any specific cases, or even tell exactly what misconduct the defendant Is charged with. There is absolutely reason for such charges in the complaint for separation on the ground of cruelty
 In replying to Mir. Nicols argument Clarence Shearn, counsel for Mrs. Gould, said that If the defense would ask for a bill of particulars, specific charges would be made of serious q character that he would not presume to mention them in court in the course of his argument
 We have tried to make this case as little scandalous as possible" said Mir Shearn, and l do not want to make the complaint any more specific in open court But if the allegation that the defendant for three years maintained illicit and im- moral relations with women of bad char acter and conducted himself notoriously and openly in this respect, is too general we will make 1t more specific. It is true that we do not say whether the defend ants actions were aduterons or worse but we will be glad to submit a full bill of particulars if it is asked for.'
 MT. Shearn argued that if the court should strike out these allegations from the complaint, it would do the plaintiff an irreparable injury by not allowing her to prove them when the case comes to trial. On the other hand, if they were per- mitted to remain, the defendant still would have the remedy let at the time for trial