The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-06-15
TO
BE THE SOLE
ISSUE
THIS WAS MADE KNOWN BY JUS.
TICE BOWLING.
This Sweeps Away Several Phases Of
Case-NotabIy Cruelty and
Non-Support.

New York, June 14-That abandon.
meDt will be the sole issue upon which
the suit for separation brought by
Catherine Clemmons Gould against
her husband, Howard Gould, was made
late today in the supreme court by
Justice Bowling, after counsel for Mrs.
Gould had rested the case for the
plaintifl. This sweeps away several
phases of the case-notably cruelty
and non support, and is a partial vic
tory for Howard Gould. AS to the
charge of abandonment, the court held
that this, too, might not stand, unless
the plaintiff was able to show that
Howard Gould's stipulations for a re
coDciliation were unreasonable
This phase will be argued tomor-
row.
Developments today were perhaps
the most interesting In the trial.
George Gould, brother OF the de.
fendant. testified, and Mrs. Gould was
excused from the stand after three
days of searching cross-examination.
After the case for the plaintiff was
rested, Denlancy Nicoll for the hus-
band made the usual motion to dis
miss the suit on the ground that the
plaintiff had failed TO make out case
There have been no evidences OF
cruelty" he argued. "One of the ale
cations is that the plaintiff was sur
rounded by spies. Nothing has been
auduced to prove It,"
Referring TO the abandonment
charge. he said Howard Gould left his
Wife In July. 1906. but offered to return
OH perfectly reasonable terms. among
other things. her abstention from in
toXicating liquors. Mrs. Gould, he
continued, refused
During the argument Mrs. Gould be-
came faint and left the room. Her
counsel, Clarence Sheam, argued
against the motion to dismiss.
1T Is cruelty" he affirmed, "for a
husband, without justification. TO ac-
cuse his wife of being bad character
OF to entertain against her, without
cause, reflections against her honor"
Inasmuch as the abandonment
charge only is to be considered TO-
morrow, there Will be no further men.
ton of Buffalo Bill, big" Hawley. the
former convict, or Ed Sholes. the re-
puted gambler But II still leaves
open Mrs. Gould's Indulgence In in.
toXicantS.
Whatever bearing the events of the
day will have on the ultimate decision
IN the case. honors were about even
in the verbal battle between the
cross-examiner and Mrs. Gouh. Both
sprans surprises. The lawyers most
pertinent and apparently embarrassing
thrust was the exhibition of a faded.
old fashioned photo OF young woman
sitting on a white horse, with the
white canvas OF circus in the back
ground Mrs Gould turned dull red
as 1t was shown, but she would not
identify the photo as one Of herself,
nor would she swear 1t was not. She
thought 1t was hardly fat enough for
me"
This picture was introduced to show
if possible Mrs. Gould's former asso-
cation with Buffalo Bills show.
In retaliation for the picture Incl.
dent, Mrs. Gould made one cutting re-
tort to her inQuisitor MIR. Nicoll had
been asking the witness about the
gowns, how many she wore, how often
she wore them and what became Of
them
They were given away" Mrs. Gould
testified.
"One of them" she shot in was
given to your own sister, who is on
the stage. have aided many poor
glrlG to get stage engagements by