Los Angeles herald., 1909-06-15
MRS. GOULD, TO
ASkDIVORCE ON
DESERTION PLEA
CATHERINE REVISES BASIS OF
SENSATIONAL SUIT
HUSBANDS BROTHER is CALLED
TO WITNESS STAND
Most Interesting Developments OF
the Case Brought Out During
Examination of Prin-
cipas
IBy Associated Press. ]

M ment will be the sole issue on
Az 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 Downing
after counsel for Mrs. Gould had rest
ed the case for the plaintiff.
This sweeps away several phases OIL
the case-notably, cruelty ana non
support, and is a partial victory loI
Howard Gould.
AS to the charge of abandonment
the court held that this, too, might
not stand unless the plaintiff was aDle
to show that Howard Gould's stipula-
ton for reconciliation was unreasoh-
able.
This phase will be argued tomorrow.
Developments today were perhaps
the most interesting in the trial.
George Gould, a 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 Delaney 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.
Spies Not Proved
"There have been no evidences OF
cruelty" he argued. zone of the allie
cations is that the plaintiff was sur
rounded by spies Nothing has been ad-
duced to prove it.
Referring to the abandonment charge
he said Howard Gould left his wife in
july 1906, but offered to return on
perfectly reasonable terms, among
other things her abstention from in
toxicating liquors. Mrs Gould, he con-
tinued, refused.
Duri11o tba nrpun1ant Mrs Gould be-
came faint and left the ROOM Her
counsel, Clarence E. Shearn, argued
against the motion to dismiss.
at is cruelty" he affirmed, "for
husband without justification to accuse
his wife of being a bad character or
to entertain against her without cause
reflections against her honor"
Inasmuch as the abandonment charge
only is to be considered tomorrow there
win be no further mention of Buffalo
Bill, big" Hawley, the former con-
Vict or Ed Sholes, the reputed gambler
But it still leaves open the question of
Mrs. Gould's indulgence in intoxicants
Whatever bearing the events of the
day will have on the ultimate decision
In the case, honors were about even III
the verbal battle between the cross eX-
aminer and Mrs. Gould. Both sprang
surprises.
Embarrassing Thrust
The lawyers most pertinent and ap-
parently embarrassing thrust was the
exhibition of a 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 former asso-
citation with Buffalo Bills show.
In retaliation for the picture incident
Mrs Gould made one cutting retort to
her inquisitor. Mr.: 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 said, was
given to your own sister who is on the
stage. ''I have aided many poor girls
to get stage engagements by equipping
them with my discarded gowns"
did it become her?" was Mr.. Nicoll' S
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 We're
among the interesting fashion hints III
the testimony.
Dustin Farnum Again
The name of Dustin Farnum was
again brought in, and George Gould
told of how he had instituted an in
vestigation to ascertain the facts con-
cerning an alleged marriage of the
plaintiff before she became his broth
er's wife.
So large a crowd gathered at the
court house today to attend the trial
that special police measures were nee
cssary to preserve order. The great
majority were disappointed as Justice
Bowling limited admission to the seat
ing capacity of the court room.
Preliminary to the re-opening of the
trial today counsel for Mrs. Gould ap-
piled to Supreme Court Justice Gelgr1ch
for additional counsel fee of $4,000 and
S3934 to cover the expenses of the case
to date. Argument on the application
was set for tomorrow afternoon.
Mrs Gould showed few evidences of
nervous tension under the rapid fire of
cross-examination which Delaney
Nicoll, attorney for Mr. Gould, began
to direct at her when she resumed the
stand at the opening of court.
Questioned in regard to her acquaint-
sance and meetings with Dustin Far
num- the actor, the witness testified
that she did not remember meeting
he dined with her at Castle Gould, and
a meeting in Hartford, Conn, when
they dined together at a hotel in that
CITY. Mr. Nicoll read from the depo-
sition of Elijah Sells, Mrs. Gould's
cousin in which he stated the condl-
lions upon which Howard Gould Of
fered reconciliation with his wife.
Conditions Stipulated
The conditions were that Mrs. Gould
IN l1a ma
Of Castle Gould; she was to abstain
from intoxicants, to refrain from hu-
initiating Mr.. Gould before his friends;
and She was to agree to regulation Of
her personal finances Mrs; Gould
would not admit the specifications or
ttGs agreement when questioned about
e. hut said they had asked her to sign
naper to abstain from intoxicants.
Clarence J. Shearn, Mrs Goulds
(Csntinued ON Page rwo)