The evening world., 1908-10-01
HOWARD GOULD'S
W|FE'S IN WANT,
COUNSEL DECLARES
She's Worrying Along on
$4,000 a Year and in
Dire Distress.
PLEADS FOR $4,000.
Delaney Nicoll, Opposing
Motion, Admits She Has
to Pay Lawyer.
PLEADS FOR $4,000.

w - ~, w y 49,
Lawyers Clarence ], Shearn and De-
Iancey Niooll engaged in a defiant, en-
Differed wordy struggle over the rela-
tive merits Of their clients, Mrs. Kath-
crime Clemmons Gould and her hus-
band, Howard Gould. to-day. in Su-
preme Court. The encounter occurred
after Justice Gegerch heard argum ent
over Mrs. Goulds postponed motion FOR
ar order directing her husband to pay
her alimonv at the rate OF $4,000
month rendins the trial OF her s2It
for separation. The order also pro-
vtded for $1,000 counsel fees.
Mr. Nicoll asked for a further ad-
journment, saying Mrs. Gould could not
possibly be in want, as she had re-
ceived a check Tor 5000 only yesterday.
Mr. Shearn. in reply to Justice Giese-
Eiohs question. then said
Mrs. Gould your Honor, Is in serious
want She is entitled to her allowance
and TO a speedy hearing from you. She
has worried along on s25 90 a year long
enough unutE ltlf llldSs Ol NlClOUS sldtl-
dsrs OF Howard Gould"
Perjury May Be Charged
TT is imperative that l get dispositions
from three witnesses before answering
Mrs. Gould's application" interrupted
Mr.. Eicoll.
We'll, I'll ,oncetl- all you can get
from those Witnesses smiled Mr..
Shearn.
What, do you concede-your client
committed perjury"
Certainly not. my dear friend. en-
phatically not"
We'll. We charge Mr. Gould was JUS
tined In abandoning her In our motion
10 strike out much OF her allegations in
her moving papers for alimony. We say
she was frequently intoxicated: that she
made life intoler able, impossible. She
has gone the whole hog Now, she has
denied using liquors; really. that she
was ever intoxicated
We'll that's right; she wasn't intoxi-
Gated and never was and you can't
prove It. no SIR hotly replied Mr.
Shearn.
Justice Giegerich then asked:
Does the defendant make any coun-
ter charges7"
"No-only about s.xty, Your Honor"
answered Mr.. Ncoll. I'VE must have
an adjournment for every fair reason"
We'll. go ahead. I'll concede, for the
purposes Of the argument, what you
want your witnesses TO testify to-" hot
ly rejoined Candidate Shearn.
MY witnesses are Leroy Baldwin. of
No. ~ Broadway, living at No. East
Seventy-tifth street; Mrs George Kirk
patrick and Mrs. Irving Schmelzel. No.
4s East Fifty ninth street" said Mr..
N!coll These witnesses have refused
70 make affidavits and | want an order
from Your Honor to compel them to
talk to us. In her allegations Mrs
Gould says Howard Gould winked az
and flirted with a Broadway star at r
certain theatre and that he was drunk
Nlr. Baldwin will disprove this and
show that Mrs. Gould was so intoXi-
Gated on the night OF this alleged inci-
dent that she was forcibly removed
from the theatre
Did Size Bite Mrs. Kirkpatrick?
Mrs. kirkpatrick will testify that at
a bridge party In the Kirkpatrick home
Mrs. Gould was so intoxicated that she
tried to assault five Of the guests and
did assault and bite Mrs Krkpatrick's
arms while the latter was ordering her
g be removed Mrsi se(hmeize! wi!l
They Will not tastify 10 any such
thin s." warmly reioIled Mr.. Shearn,
be aus the entire charges against
SHOW they have refused TO SO testify,
and ] defy them To do so.
We'll, the Court can force them To
tcsi T. despite your defiance" shouted
We'll, Your Honor, Mrs, Gould isn't
IN distress on S2J,lcb year. II seems
Air shearn, Is, declared Mr., NIcoll
I'm not in distress"
u You are, Mr.. Shearn. you shouldn't
ne - added Mr.. Nlcoll sarcastically, for
yoI are geetin9 Mr., Goulds $4,000 a
year"
That's an outrage, Your Honor I'm
no.. either" fairly screamed Candidate
81 earn.
At least the monthly checks are pay
Wasn't that check for 5000 made out
to you yesterday
Your Honor, I'm not willing to stand
for this" said Mr.. Shearn,
Counsel In Distress.
well why this anxietyT" persisted
VT Nfo Admit yol are Teu II aS a't |" q,
is to get Mrs. Gould to indorse one of
those monthly installrnent checks over
10 you"
Honor savageiy replied Candidat.
Shearn, folding his paper.
Busy. Mr.. Shearn?" poked Mr. Nicol
playfully.
Yes, busy. Can't you understand
English? business engagements,
"A-er--a--profess engagement 5
MIR; Shearn?" tOrmented Mr. Nlcoll
engagements simply enga gements. -
answered Mr., shearn, as the lawyers
broke into laughter and Justice Gieg.
srtch smiled as he called for order,
The court then decided that Mr.
csould's motion to strike out certain
scandalous matter In Mrs. Gould's plea
for allmony and counsel fees would he
continued to- morrow.