Daily press. [volume] (Newport News, Va.) 1896-current, 1909-06-15
W|fE'S PROOF STILL LACKING
Unless Evidence is Forthcoming to
Show That MIlionaire's Offers OF
Reconciliation Were Unreasonable,
the Only Remaining Possible Ground
for Divorce Will Fall Through.
(By Associated Press.)

MEM lORh, June l4.-ADhHu'H
ment is the sole issue upon which the.
suit for separation brought by katha-
rine Clemmons Gould against her hus-
band, Howard Gould third son of the,
late Gay Gould, will he decided. This
ruling was made late today in the
Supreme Court by Justice Downing,
after counsel for Mrs. Gould had rest
ed the case for the plaintiff
This sweeps away several phases
of the case-notably. cruelty and nom
support. and is partial victory for
Howard Gould. AS to the charge OF
abandonment the court held that this
too might not stand. unless the plant
iff was able to show that Howard
Gould's stipulations for reconciliation
with his wife were unreasonable. Ihis
phase of the case will be argued to-
morrow. George Gould. a brother of
the defendant. testified today
Mrs. Gould was excused from the
stand after three days of searching
cross examination.
After the case for the plaintiff rest
ed Delaney Nicoll. for the husband
made the usual motion to dismiss the
suit ON, the ground that the plant n
had failed to make out a case. "There
were no evidences of cruelty he ar
gued.
Referring to the abandonment
charge Mr.. Nicoll said Howard Gould
left his wife in July. 1906. but offered
lArfl
terms, among other things her Austen
ton from intoxicating liquors. Mrs.
Gould. he said, refused
Mrs. Gould Gets Faint.
During the foregoing argument MIS-.
Gould became faint, left the court
room and did not return. Then her
counsel, Clarence Shearn. began argu-
ment against the motion of the de-
Tense to dismiss.
1T is cruelty" he affirmed. for
husband, without justification, to ac-
cuse his wife of being bad character
or to entertain against her, without
cause. reflections against her honor
What kind Of conspiracy was MI
NicolI engaged in?' he asked. when
he got habitues of saloon to Work
in the house for the purpose OF proving
Mrs. Gould a woman of bad reputeE
That was the acme of cruelty HOW
ard Gould's attem2t to have his ~iie
pledge herself not to drink in itself
constitutes crueltv.'
Wouldn't Sign Herself Drunksrd.
It was this clause in the agreement
the husband had asked the wife 70
sign before he would consent TO i've
with her again that Mrs. Gould most
strongly objected to.
what" she exclaimed earlier In
the day during cross-examinat.on.
have me syn myself a drunkard2
Never"
Inasmuch as the abandonment
charge only is to be considered tomor-
row there will be no further mention
Of Buffalo Bill. Big Hawley. the for-
mer convict or Ed. Sholes, the re-
puted gambler.
But Il still leaves open the question
Of Mrs. Gould's indulgence in intoxi-
cants
Old Picture Shown.
Mr.. NicoIis most pertinent and ap-
rarentIy embarrassing thrust IN to-
day's examination of Mrs. Gould was
the exhibition Of faded. old fashion
ed photograph q a young woman SIT
ting on a white horse. with the WHITE
canvas OF a circus tent in the back
eround. Mrs. Gould turned duh red
a. Il was shown. but she would not
identify the photograph as ono 81 her
self. nor would she swear that u was
net. She thought !; was hardly Tat
enough for me-
This picture was introduced TO show
n possible Mrs. Gould's former as
sociatson with Buffalo Bill. She had
previously denied on the stand that
she was in any way connected with
the Wild west show. though admitting
that she lad travelled az times with
Colonel W. r. Cody and his daughter.
Mrs. Could made one cutting retort
70 her inquisitor. Mr. Nicoll had been
asking the witness about her gowns
and what became of them They we're
given away. Mrs. Gould testified. One
of them. p<fhe sho; IN. was given TO
your own sister. who is on the stage
I have aided many poor girls to get