The sun., 1909-06-18
TOLD MRS. GOULD BIT Il LADY
FOOTMAN CHIEF WITNESS IN
x THE SEPARATION SUIT.

InE oEF hhhAAVN COAAs
Questioued Also About Black 14e 0ns
woman Had At Mrs. kirkpeaasie's
Psrty-De IAncey Nicou and Shsasn
Cash Nhen word BiaclemaAL b useA.
The cry Of 'blackmsill' vas raissd At
the trial Of Katherine Clemmons dould's
suit for separation from Howard Gould
by De Lancey Nlooll. counsel tor the
defence. yesterday morning. ana the most
exciting incident Of he trial followed
Justice Dowllng adino dshed Mr.. Nicoil
for his offensive language, Shersupca Mr..
Niooll apologi.ed to The Court. but at
the time showed no intention of squsxing
himself With Clarence =. ,Eheern. ne.,n.A
for Mrs. Gould. whose eross-sxaminAtion
Of ono Of the 'defencss ssar ~itnssses
brought forth the remark. Mr.. shearn
was 30 ansered by the incident that he
was unable to oontnss examining the
witness and in order to restore harmony
several hours following ~,ers devoted to
the reading OF depositions- .
The clash between the counssl was
equalIed In interest by the testimony iuss
at the close OF the aftarnooA, ,sesHon. VIXEN
a former footman for Mira oeuid told
what he knew of the happsni1. = ss . card
pifty in March, 1905. at the honne.,H Mrs.
George Underwood Kirkpatdok at 3 West
Eighty seventh street, whom It d charged
Mrs. Gould bit Mrs. Kirkpatrick in the
arm. The witness had good dsal 70 say
about how Mrs. Burnett, wife Of Gen,
Henry L.. Burnett, the former United
States District Attorney. got Mrs. Gould
home to the st. Regis late that night.
The witness wasn't permitted to say
whether Mrs. Irving Schmelzsr. thdsn Nv.
ing at % West Fifty-pinth street, ~ho was
Mrs. Taylor at that time, got black eye
but he told about finding all the women
crying and said they thought Mrs. Gould
had jumped out OF window. The wit
ness said he found Mrs. Gould In the bas3-
ment OF the apartment house where tne
Kirkpatricks lived. -.
ooULp's FRIEND rEsTIFIEs.
Melville d. Chapman, the eon Of Elver-
ton R. Chapman. was the witness. whose
cross-examination brought about hos.
tiiities yesterday. He is the first friend
and associate Of Howard Could TO 1p-
pear in his defence. Two years ago he
was defendant In separation proceedings
brought by Lavinia v. Chapman In which
Mrs. Chapman chsrged that Howard
Gould took her husband away with him
on frequent yachting trips on the Mag
ara and Influenced him against her.
The defence called Mr. Chspassn to
toll what happened on trip TO tAewest
ladies whea eheyS Isit hero 6Ei nscem.
ber rs or ~ and retukned On J'usiasy %.
i3svaid BE- coservvd ~ AAsp ~ 16S
Gould toward her husband ard ~as
was thsre any difference in her man
nor when she had not BEEN drinking and
when, she hadi'
AT times shs ~as very aifAblS and
pleasant when she had not besa drink
ing, but, after indulging. ini Hquot hse
manner would change. She once sold ASr.
Gould she was the boss and In the pres-
ence Of q steward said that Mr.. Gould
was not competent to take. ohasgs OF the
boat. she told tho steward to take his
orders from Der. II
.-One time in Santiago harbor she was
very much provoked because the shaded
were not fixed to suit her and said -f thsy
weren't changed right away she would
have everybody fired from ths captain
down. One time In Havana she bocahpe
greatly excited when Mr.. Springer. tbs
American Vioe-Consul. came aboard.
She was intoxicated. She seemed dis
satisfied with, everything. and aftsr
scolding her husband shs left the tabls
and went to her room. and don't think
saw her until We got nearly to New York
again ..-- - =. .li..f
what did Mr.. Gould do on ,hsss .oocs-
sions9' 80.
he invariably tried to calm and
soothe her,
ASKED II GOULD BACKED HIM. ~
Mr.. Chspman's direct examination
ended here. and when Mr., Shearn took
the witness in hand his first question
was: ,gy., 81 ,
.Are you on Mr.. Gould's payrollf' Z
mo. sir -.
Hasn't he put a lot Of money in.s
your businees?'
"No, sir
weren't you connected With 'ths arm
Of e. r. Chapman 4 Cor" H., -.
-Yes.' ;...- -; :.
-Didnt he put 100000 into thst:ArniS
-Not that I know Of
MIR. Shearn tried to put In svidS1oS
at this point letter from Mr.. Chaprnsn.
to hie wife. written while he was aboard
the Niagara. but Mr.. Chapman rnAtssn
questions on that point with the dtat>.
ment: ..a +,
Il have no wife,
Well, did you have a wife on thoss
occaaons7' said Mr.. Shesrn. -
Justice Dowling refused to permit tha
witness to answer or to allow any of the
letters into evidence. saying that the
witness wss not on trial Mr., 6hAaSp.
said he wanted 10 impeach the credibihty
Of the witness. but the Court would NOT
uphold him. .; ..-aa. =.
THE cHARas OF sLAcKMAIL. 4
At this point Mr.. Niooll arose and said.
with q show OF anger: (
This 10 Just . part Of the blsoknaiHng
tactics which have been used ali through
this case"
Mr.. shearn turned white. and trsmsltng
with anger, saik '"'' -. .-...., -. :.
Il demand an apology -.
81 yqon't apologize" eeid Mr., NlCOn -