The Bridgeport evening farmer., 1909-06-15
Special from United Press)

New York, June 15.-Howard Gould, millionaire and yachtsman, today put in his defense to his wife's allegations of desertion when the trial of Kath- crime Clemmons .Gould's suit for a le- gal separation and alimony was re stunned before Justice Bowling today. Gould had an army of witnesses on hand.
 On behalf of Gould it is claimed that he was willing to return to his wife on condition that she agree to drink no more; to refrain from interference in the management of Castle Gould; not to humiliate him in the presence of his friends and allow him to audit her bills.
 He alleges that she drank to excess; that she discharged 166 servants in a year thus jeopardizing his interests; that she was recklessly extravagant and that her general conduct was hu- initiating to him. He expects to call forty witnesses to Substantiate his al- legations while Mrs. Gouldt will have ] about sixty in rebuttal- When the trial opened today DeLahcey Nicoll, , counsel for Gould, exhibited a letter from his sister, Charlotte Nicon Wes- ton, an actress, in which she charac- terizes as "an absolute falsehood" Mrs. Gould's statement on the stand that Weston. In explaining Mrs. Gould said she had stated she sent her gowns to Miss Weston personal but sent a box addressed to a. number of actresses and she understood Miss Weston was the recipient of one of them. Rumors that the case was, or would be com promised, were denied by both sides.
 Maurice MallOy, manager of Castle Gould, testified that he came to this country at the suggestion of Miss Adolph Lundberg who secured him the met the Goulds at the St. Regis on January IA, 1906, but the court de- clined to permit him to enter into a detailed descfiptfon of the manage
 Did you ever see Mrs. Gould under the influence of nquor?" Nicoll de-
 nanded- Shearn immediately objected and lengthy legal argument fol- New York state law drunkenness was not legal grounds for separation and therefore this was not evidence.
 b. Nicon stated that habitual drunken legal separation. The court finally ruled that 'habitual drunkenness" would be ,justih9ation but added. 'Iso- lated cases. however. would not be the court said. "T believe that not only in the eyes Of the law from the standpoint of morals every husband % she Becomes sddicte% % to % the Tse use of %nIn Tn quor but if she persists in drinking, don't think the law would compel him to continue the marital bonds" Malloy was then asked to give dates in 1906 when he saw Mrs. Gould was in- toxicated. He said on July IA, 1906, she was flushed and much excited at Cas- tie Gould Her automobile had broken Gown and he couldn't say if it was be- cause of that or because she had been drinking that she was flushed"
 Were you close enough to smell her breath?" 'I didn't get any nearer to her than I could help" was the reply. This incensed Justice Bowling, who mapped out: ssThese alterations with servants must be stopped" The court then ruled that Gould's attorneys must show that Mrs. Gould was intoxicated and that nothing else would be per- mitted to be brought into the record.
 Continuing Malloy declared that Gould under the influence of liquor of some sort" The following day he swore she had champagne for luncheon and reprimanded him. "When she went upstairs I won't say that she lunged, but she was very unsteady" later when she called him "an insolent puppy and "alien hostler'' and "a liar" On Nov. 6, 1906. when he at tempted to take cattle back to the barn which Mrs. Gould was having re- moved he declared that he believed she was Intoxicated
 'tOn November 8, 1906, she came to much intoxicated" he swore. On cross examination the witness admitted some of his dates might have been wrong. He admitted he had been re-employed by Gould about the time of the sep aration and that he would like to see him win the case. Asked about his feeling toward Mrs. Gould. he stated ha afo1 for her