The Washington herald., 1908-04-07

The answer was filed to-day in the Su-
preme Court with Justice Dowling, whC
reserved decision, on a motion by Mrs
Goulds lawyer for an order setting the
issues for trial before a iLey.
Howard Could and his counsel. Dc
Lancey NicoIl. do not want public trial
Mrs. Gould and her lawyer are very anx-
ious for one, for reasons best known e
themselves. It is very rarely that a sui
for a separation is not tried in oper
court, as there is usually enough differ.
ence of opinion between the parties tC
prevent a secret trial. But the Gould
lawyers want a secret trial anyway
that IS, Howard Goulds lawyers. and
they assail Mrs. Gould for demanding a
public trial. They declared that the is
sues involved are so complicated that nc
common jury-only a justice of the court
could determine them properly.
Mrs. Gould's answer 10 all this Is that
she wants jury trial. and has a funda-
mental right to It. Furthermore. she
says. the issues are such simple matters
of fact. involving only answers 10 did
she?" Didn't she?' and Did he?" and
Didn't hep" that a jury, and not JUS
tice or referee of the court, should be al
lowed 10 pass upon them.
One of First Questions.
The first questions Mrs. Gould viii have
10 refute is whether she was guilty OF
Improper, inlmodest, lewd, and lascivious
conduct with Dustin Farnum. the actor
Howard Gould alleges and realleges that
on many occasions, in the St Regis and
elsewhere. his wife. who was formerly
known as Katherine Clemmons, the pro
tege of Buffalo Biz Cody. was guilty
Of such conduct with Farnum.
Howard Could says that in September
1906. his wife became "enamored and in
fatuated'' with Dustin Farnum: that sh,
attended every. performance he gave; fol
lowed him on his New England itinerary
and even followed him up in Brooklyn
taking him 10 and from the theater in hel
automobile.
Her conduct, Gould says. became a pub
lie scandal, especially among the mem
bers of Farnum's company, and the sam,
allegations are made concerning Mrs
Gould and Farnum when the latter wa
playing in Philadelphia in October 1906
Mrs. Gould and Farnum stepped at tn,
Bellevue-Stratford, the husband says. an,
later went together to Atlantic City b!
automobile, putting up at the Marlbor
ough-Blenheim.
More Allegations Made.
The same allegations of 'lewd and las
ctviOus conduct are repeated in regart
20 the Atlantic City trip but nowhere il
there any more serious allegation. Sim.
liar conduct between the pair is alleged as
having occurred at LynchbUrg, Va. IT
November. 1896
In relating this Lynchburg episode Mr.
Gould also states that on November S OF
that year. at Blue Gap Farm, Mrs. Goul,
became so drunk that she fell off her chat
and lay helpless on the floor After tha
dinner, he says, she continued TO drinl
more intoxicants and finally retired to tn,
garden Of the farm, where, he says, sh,
fell on the ground and lay for severa
hours. Gould does not state whether h,
was present or whether he merely hearC
of this.
One Of the main allegations in Gouldi
answer is a repetition of the old story
that he was inveigled into marrying he
by fraud and misrepresentation. He say
that he was led 10 believe that her rela
tions with William F. Cody C"Buffalt
Bin") were innocent and pure. but tha
he learned after the marriage that thel
had been 'illegitimate. meretricious, ant
criminal"
He goes on to allege that in 1887, 1855
and 1892 Katherine ClemmOns and VIII
lam F. Cody lived as man and wife il
England, France and America, at various
times and in various cities.
Uses IntOxicants.
Mrs. GoUlds use OF lntoxicants forms
large part of her husbands answer, anC
he charges broadly that since the autumn
of 1902, on many occasions. he has beer
embarrassed, Inundated, and insulted bl
his wife, VINO has behaved in public fre
quently. he says, in such a quarrelsome
violent, abusive, and irrational mannei
before friends and strangers. as 10 maxi
life with her impossible. He charges ais,
that she rendered herself unfit to perform
her wifely duties, and that he was com
PEELED, in self-respect, 10 leave the house
Castle Gould where they had been living
together.
Castle Gould. the S1.7O0O0O abortion 81
architectural resemblance of a. famous
Irish castle, plays a large part in Howard
Gould's defense of his action in leavlnl
Mrs Gould. lie says that after they haC
Travelled around the world in his yacht
the Niagara, and after she had humili
ated him in many places by her conduct
especially in Shepherds Hotel, at Cairo
she returned filed with the idea of build
ing a romantic castle at Port Washington
l. I. It was to be an imitation of Castle
Kilkenny, In Ireland. and TO be called
Castle Gould, and Howard Gould says
that he agreed 70 build It to please her
NeddleEOme and QuarreIsOme,
But he adds: by reason of her in
diligence in intoxicating liquors and hei
meddlesOme, quarrelsome, and unreason-
able conduct, due thereto, and her at
tempt to direct and control at all times
the architects. contractors. and workmen
it became impossible for him to complete
said residential structure as planned, and
said building operations were abandoned
by him after an expenditure for land
material, and labor of over s., ,7O0,0O
Gould goes on TO say that his wife
abused the contractors, wOrkingmen, and
architects in language that was always
strong and sometimes profane. Hel
angry out5ursts frequently drove not Only
the architects and contractors, but her
husband, away from the vicinity, accord
Ing to Gould. She also had a habit OF
drinking too much at home her husband
says, to the modification Of the coach.
man and other servants around the
estate. who had to help her keep hel
balance on occasions.
On other occasions. Gould says, his wife