The Birmingham age-herald., 1909-06-22
Announcement By the Defense
 Causes Big Surprise
WITNESSES RUN SHORT
Plaintiffs Counsel Is Not Prepared for Announcement of Defense and Will Have More Witnesses
 During Today.


 New York, June 21.-sensation seekers who have attended daily the sessions of Katherine clemmons Gould's suit for separation from her husband, Howard Gould, were sadly disappointed at the Presumption of the hearing today when it was announced that the defense had rested and that Howard Gould would not take the stand. It had been expected that his direct testimony and his cross examination would take two days. Gould himself seemed relieved and Mrs. Gould annoyed.
 Delancey Nicoll. counsel for MT. Gould, said: we have decided that the testi- mony we have offered is so complete that there is no necessity for going further" ]" When Clarence J. shearn, counsel for Mrs. Gould, recovered from his astonish- ment. he led off the rebuttal with tes- timony designed to show. he explained, the falsity Of the charge that Mrs, Gould was continually and habitually in toxicated from 1902 to the present date.'
 DO you regard such evidence as nec- essary?" inquired the judge.
 Necessary or not the counsel for the plaintiff produced string of testimony from guests and friends in the shape of dispositions saying that Mrs. Gould was always ladylixe, modest and affable, which was in direct opposition to the testimony of the defense.
 It was on account of the unexpected attitude taken by the defense that MT. Shearn ran short of witnesses late In the day and was obliged to introduce the dep- ositions. He promised however to have string of about 50 ready when court opened tomorrow who will testify in rebuttal to disprove, If possible, the hus- bands s charges. including Mrs Gould s alleged association with Dustin Farnum, the actor.
 Surprise Is Sprung. When Justice D sling opened court fol a continuation of the trial the defense sprung a surprise by announcing that il resteu its case. Delaney Niooll, counsel for MT. Gould, declared that on looking over the testimony that had been pre- sented, he found 1t so replete with evi- dence to establish the contention of the defense that MT. Gould was justified in the separation from his wife that he believed 1t unnecessary to call any more witnesses.
 Clarence J. Shearn, Or counsel for Mrs. Gould, told the court that MT Nicoll s announcement had taken him by sur prise and that he had no witnesses on hand at the moment to put on the stand for rebuttal With the courts consent. however, he said he would read the deposition of witnesses taken in preparing the case for trial. MT. Shearn at once proceeded with the reading of these dep ositions.
 Mrs. Bankhead's Deposition.
 The deposition taken up by MT. Shearn was that of Mrs. Alice S. Bankhead of Atlanta, wife of Lieut.. Henry McCauley Bankhead of Fort McPherson Ga, who visited Mrs. Gould on numerous occasions.
 Mrs. Bankhead related in her deposi- tion the incidents of a visit with Mrs. Gould as the latter's guest in Cairo, Egypt, in 1902, when the party visited the Khedive's palace. The witness described Mrs. Goulds conduct on this occasion as ''ladylike and above reproach.' Mrs. Bankhead accompanied the Goulds on their yacht from Cairo to Alexandria. Mrs. Gould's conduct was perfect and beyond criticism on that trip, accord ing to Mrs. Bankhead Mrs. Gould was never intoxicated during this time, the witness deposed. The witness stated that she had visited Mrs. Gould at Castle Gould and the St. Regis hotel for periods of several weeks at the time and never saw her use intoxicants to excess.
 Mrs. Gould never drank more than a cocktail before dinner, and only light wine with her dinner. not more than the average society lady drinks
 What did you observe she would drink at lunch time?' was question asked by Mrs. Gould's counsel.
 Mrs. Gould would usually take a cock tail before luncheon, but the extent of her drinking was not noticeable to me on account of her conduct" the witness re- piled.
 She never saw Mrs. Gould drunk in the evening and never saw her bosterous, and never heard her swear or use im- proper language. The witness was with Mrs Gould in Chicago in 1907 and noticed nothing improper in her conduct. Mrs. Bankhead said her daughter, Katherine, who was born August 21, 19Oo, was named after Mrs. Gould. The deponent said Mrs. Gould was "dignifed. refined and gentle, and always conducted herself in a man ner above reproach.'
 Cross-Examination.
 In the cross examination on the deposi- ton Mrs. BanhnedQ would not swear that she had. never heard Mrs Gould spoken of as drinking woman"
 She said that Mrs. Gould had never spoken to her but once about Dustin Far mum, the actor, and had then told her that their names were not linked to- gether'' in any improper way.
 Mir Shearn next read the deposition of Lieutenant Bankhead. The witness said he was the son of Senator Bankhead of Alabama and had entered the army in 1898. The witness testified in regard to the various visits of himself and wife to the Gould estates and at hotels at this city He had never seen Mrs. Gould in- toxicated or observed her conduct to be indecorous or unlady-like Her conduct always had been proper in every respect. the witness desposed, and he had never seen her drink more than any of the guests at dinners.
 In explanation Lieutenant Bankhead was asked: AS man or army officer would you not testify reluctantly in re- gard to the conduct refleoting upon woman who had had been hostess?'
 As a man or army officer, I would do so ordinarily, but when placed on my oath to tell the truth I should testify unhesitat- ingly," was the reply.
 Saw Mrs. Gould Often.
 Luie O. Foreman. superintendent of a