The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-06-15
THIS is ONLY GROUND LEFT FOR
MRS. GOULD TO SECURE
HER DIVORCE.
COURT MAKES A RULING
Decision Sweeps Away Several No
table Phases Of the Case, Including
Wife's Charges of Cruelty and Nom
support-Matter of indulgence in In
toxicants Is Still Open, However.

New York, June 14.--Abandonment
will be the sole issue upon which rests
the suit for separation brought by
Catherine Clemmons Gould against
her husband, Howard Gould, was the
decision made late today in the su-
preme court by Justice Bowling, after
counsel for Mrs. Gould had rested the
case for the PLAINTIFF. This sweeps
away several phases of the case-nota-
bly, cruelty and on-supoprt, and is a
partial victory for Howard Could
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 reconciliation We're unreasonable
This phase will be argued tomorrow.
Developments today We're perhaps
the most interesting in the trial
George Gould, brother of the defend
ant, testified, and Mrs. Gould was ex-
cused from the stand after three DAYS
of searching cross examination. After
the case for the plaintiff rested De-
lancey Nicoll for the husband, made
the usual motion to dismiss the suit
on the ground that the plaintiff had
failed to make out a case.
There have been no evidences of
cruelty" he argued. "One Of the al
legations is that the plaintiff was sur
rounded by spies. Nothing has been
adduced to prove it,"
Reasonable Terms.
Referring to the abandonment
charge, he said Howard Gould left his
wife in July, 1906, but offered to re-
turn on perfectly reasonable terms,
among other things, her abstention
from Intoxicating liquors. Mrs. Gould,
he continued refused.
During the argument Mrs. Gould be-
came faint and left the room. Her
counsel, Clarence Shearn, 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
or to cast, without cause, reflection
upon her honor"
lnasmuch as the abandonment
charge only is to be considered to-
morrow, there will be no further men
1tion of Buffalo Bill" big" Hawley,
the former convict, or Ed Sholes, the
reputed gambler But it still leaves
open the question of Mrs. Goulds in
dulgence in intoxicants.
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. Could Both
sprang surprises. The lawyers most
pertinent and apparently embarrassing
thrust was the exhibition of faded
old-fashioned photograph of a young
woman sitting on white horse with
the white canvas of a circus tent in
the background. Mrs Gould turned a
dull red as it was shown, but she
would not identify the photograph as
one of herself, nor would she swear
that it was not. She thought it was
hardly fat enough for me-"
This picture was introduced to
show, if possible, Mrs. Gould's for
mer association with Buffalo Bill's
show
Cutting Retort.
In retaliation for the picture Incl.
dent, Mrs, Gould made one cutting re-
tort to her inquisitor. Mr.. Nicoll had
bSSil dShllS IIc WllHeSS ABOUT the
gown, how many she wore, how often
she wore them and what became of
them.
"They We're given away" Mrs.
Gould testified. M.-
One of them,' she shot in "was
given to your own sister, who is on
the stage. | have aided many poor
girls to get state engagements by
eauipping them with my discarded
gowns"
Did it become her?" was Mr..
NlcolPs only rejoinder. ..
Much of the day was taken up in
questioning Mrs. Gould concerning. her
lavish expenditures. How many gowns
to wear day, how long it took to
dress and the declaration that it was
very bad taste" to- wear gown
twice, were among the interesting
fashion hints in the testimony.
The name of Dustin Farnum was
again brought in and George Gould
told of how he had instituted an in
yestlgation to ascertain the facts con-
cerning an alleged marriage of the