New-York tribune., 1909-06-15
G. J. GOULD ON STAND
HE TESTTFIES TO HOW
ARDS YEARLY INCOME.
Court ThrOscs Ont Non-Support
and Cruelty Charges in
Uife's Smf.

Gould decided Just before adjournment yesterday
that the plaintiff henceforth must limit her case 10
the charge OF abandonment, counsel for Mrs
Gould had failed to prove the cruelty aIlegatlon
against Mr. Gould he had failed TO provide
for his wife since their separation
This decision Of the Court came when the painuh
Unexpectedly early in the trial rested her case
after Mrs Gould herself had given more testi-
rnony and had been followed on the witness stand
by George J. Gould, ex-Police Inspector William
Mclaughlin and Howard Gould. each testifyins
briefly A deposition by Elijah Sells, cousin OF
the plaintiff also read into the case From
the latter il was learned that Mrs Gould is be
tween forty and forty-two years old Her counsei
by objection kept her age out OF the case last week
Delaney NicolI argued for the dismissal Of the
entire suit saying the fact that Mr.. Gould paid ms
zifes bills at the Hotel ST Regis and many other
accounts disproof OF the non-support charge
He then reverted to the cruelty charge, consisting
parity Of an alleged espionage on Mrs Gould by
order Of her husband. which counsel said also had
net been borne out.
AS TO the paragraph relating to abandonment Mr.
Nicoll said that Mr.. Gould left his wife in July,
1895, offered return TO her perfectly rea-
souable terms The charge OF abandonment he
said failed for the party -vho ignores the offer
is guilty Of abandonment He asked her TO abstain
from intoxicating liquors. which was reasonable
proposal for the happiness OF the home was in
xoved.'
IN opposition the motion for dismissal, Mr.
Shearn said il was a cruel action OF Gould EN-
tertain reflections against Mrs. Goulds honor" He
intimated that Mr- Nicoll was in a conspiracy TO
prove Mrs. Gould a Of bad repute, and
added: ''Goulds very commission TO Mr.. Sells 10
iaye his wife pledge herself not TO drink consti-
tutes cruelty
Justice Dowiing's decision that the case will have
10 be continued. the one ground Of abandon
ment means the elimination Of much testimony,
and it devolves upon Gould 10 advance grounds
for his alleged abandonment Of his wife and TO
Justify the conditions that he tried TO impose be-
fore he would again live with her
GOULD ESTATE WAS 100000
The testimony Of George J. Gould. OF The
trustees OF the estate OF his father, Jay Gould,
had 10 do with its value in 1906. when Howard
Gould and his wife separated. He guessed il was
about SS0O00egl His brother. the defendant the
railroad man said had one-sixth Of the income for
life. the principal being held in trust
is SSoooaee0 the value Of the estate to-day" Mr..
shearn asked.
Well" replied the witness the market fuctua-
tions affect it more or less" Mr. Gould then
gave his brothers income since 1902 as follows:
Ir 1902 s7s50oO 1908. <7s20o0; 1904. &705ooo; 1S05
$4,000: 1895 s777.oGD: 1S07. s74s,0D0'
George J. Could il is understood was strongly
opposed 10 his hTother's marriage. Nj shearn
failed to get into the records some newspaper
clippings bearing on this Justice Bowling allow
Ing only the fact Of publicity Then counsel asked
Mr.. Gould whether he engaged a certain detective
agency 10 make investigation This question
was excluded. A moment later. however. the wit
Howard Gould's marriage He had onlye an in
distinct recollection Of it
Then Howard Gould was called a witness
against himself But he didn't seem TO mind at
al this odd position and appeared more com
Portable than the plaintiff who sat short distance
from him, tanning herself There was no ex-
change Of glances between the litigants although
practically facing each ether.
An objection from Mr.. Nico saved Mr- Gould
the trouble OF answering how much Of his income
he spent in 1906
out OF your income you have accumulated an
independent private fortune? suggested Mr.. shearn-
Yes answered the witness.
What was the value Of your independent fortune
IN July. l9o52~
Between $4,000 600 and s1e.OOooOO" Gould re-
piled in uncertain and deprecatory manner
What Is she value Of your Fifth avenue house,
About 500 .0O0."
And your Port Washington estate?"
Seven hundred thousand dollars"
Mrs Gould again the witness the re-
sumption of the Case. Mr.. Nicoll was ready once
more with numerous questions which again went
into the elaborate wardrobe acquired by the plain
tiff. bringing out that she had spent between
$4,000 and $4,000 2 year for clothes. He had
some further questions about Dustin Farnum and
stiI others about the Blue Gap Farm in Virginia
for which Mrs. Gould paid $4,000
EXPENSIVE DINNER GOWNS.
Mrs Gould told q paying from 500 to $3.50 apiece
for dinner gowns. and s25e 10 $500 for shopping
gowns md $40 to $50 apiece for hats She told
nf many changes that she had make 10 main
tain her wealth and position. and Of the maids
necessary in assisting in these transformations.
Once twice Justice DoHling had interrupt
with admonition 10 the witness the
questions.
Mr. Nicou referred 20 the terms of agreement
offered hs Howard Gould fer reconciliation Mrs.
Gould remembered the stipUlations about abstain
ing from Liquor. ceasng TO annoy his friends and
foTbdGinR her family to interfere between the
l--s-
tion-that 2 mutual understanding about the out
standing debts be reached between Howard Gould
and his wife.
What reply did you make to these termsg'
asked counsel.
I don't recolect what reply made" she replied
her voice quavering and distress showing in her
eyes
that you agreed to these conditions he would be
glad have you join him the Niagara ?" con-
tir.ued Nr. 9SicoIl.
And have sign myself a drunka I'd =" Mrs
Gould CALCULATED in a loud voice.
M Nicon then produced letter written in
January. 1907. to her husband by Mrs Gould re-
ferring 10 hotel bin contracted in London The
note began Dear Howard and was signed Yours
affectionateiy Katherine" Despite the fact that
this 1etter vas written months after the break
with husband. the plaintiff acknowledged II 20
be her handwriting
Mr.. Choate advised me 70 write the letter she
explained.
did not Mr. Cloate tell YOU that you had done
wrong in purchasing Blue Gap Farm without the
knowledge Of your husband7'
No"
Another letter to Dear Howard" with the Same
'.Afrectionately yours. Katherine signature was
dated September 1906. - have overdrawn my sc
counts she wrote "Wil you kindly send me
check 20 cover the amount
some photographs of Dustin Farnurn were intro-
duced She identified them, and they were offered