The Birmingham age-herald., 1909-06-15
Delaney NieoII Gets Warm An-
 Suer to a Question
ABANDONMENT IS ISSUE
George J. Gould Testifies as to the Value of Gould Estate and the
 Income of Howard Gould
 From the Property. E

from the Property. f
 New York. June 14-Abandonment will 1 be the sole issue upon which the suit for separation brought by Katherine Glenn mons Gould against her husband Howard | Gould, third son of the late Jay Gould, 1 will be decided. This ruling was made l today in the supreme court by Justice Bowling after counsel for Mrs. Gould had rested the case for the plaintiff This sweeps away several phases of the case f notably cruelty and non-support-and is a partial victory for Howard Gould As to the charge of abandonment, the court held that tliis, too, might not stand un- less the plaintiff was able to show that Howard Gould's stipulations for reconcili- alton with his wife were unreasonable This phase of the case will be argued to- morrow.
 1 Developments in the case today were l perhaps the most interesting in
 George Gould. brother of the de' at. testified, and Mrs. Gould Excused l from the stand after thre $ of search l ing cross-examination.
 1 rested Delancey Nicoll, for the husband, made the usual motion to dismiss the suit on the ground that the plaintiff had failed to make out case. There have been no evidences of cruel | ty," he argued. "One of the allegations 1 Is that the plaintiff was surrounded by l spies Nothing has been adduced to prove it. Then. there is the Hawley incident
 Nothing in that bears out the charge of cruelty"
 I Wife Abandoned.
 Referring to the abandonment charge he said Howard Gould left his wife in July, 1906, but offered to return on per i fectly reasonable terms, among other things, her abstention from intoxicating liquors. Mrs. Gould, he continued, re- l fused
 l During the foregoing argument Mrs. Gould became faint, left the court room l and did not return Then her counsel, i Clarence Shearn, began argument against the motion of the defense to dismiss.
 Tt is cruelty he affirmed, for a husband, without justification, to accuse
 his wife of being bad character or to
 entertain against her, without cause, re- | f1ections against her honor What kind of a conspiracy was MT.
 Nicoll engaged in?' he asked, when he
 got habitues of saloon to work with l the purpose of proving Mrs. Gould wo-
 man of bad repute? That was the acme
 of cruelty. Howard Goulds attempt to
 have his wife pledge herself not to drink, in itself, constitutes cruelty"
 Objection to Clause. It was this clause in the agreement l the husband had asked the wife to sign before he would consent to live
 with her again that Mrs. Gould most strongly objected to.
 What" she had exclaimed earlier in ] the day during ross-examinat tion,
 have me sign myself a drunkard? 1 Neverl"
 l Inasmuch as the abandonment oh arge only is to be considered tomorrow there will be no further mention of
 Buffalo Bill, Big" Hawley, the former ] convict, or Ed Sholes, the reputed gambler. But it still leaves open the ! question of Mrs. Goulds indulgence in intoxicants.
 Whatever bearing the events of the day will have on the ultimate decision | in the case, honors were about even in 1 the verbal battle between the cross | examiner and Mrs. Gould. Both sprang 1 surprises. The lawyers most pertinent | and apparently embarrassing thrust | was the exhibit of a faded old-fash- | toned photo of young woman sitting l on a white horse, with the white canvas of circus tent in the back ground Mrs Gould turned dull red as it was shown, but she would not identify the photograph as one of hers, nor would
 she swear that 1t was not. She thought
 1t was hardly fat enough for me-
 Mrs, Gould Retorts. The picture was introduced to show, | if possible, Mrs. Gould's former asso- citation with Buffalo Bills show. She | had previously denied on the stand that she was in any way connected with the Wild West sh ow, though admitting that l she had travelled at times with Col. w. 1 F. Cody and his daughter and that he
 had been her manager
 In retaliation for the picture incident | Mrs. Gould made one cutting retort to her inquisitor.
 MT Nicoll had been asking the wit
 ness about her gowns how many she | wore how ofter she wore them and l what became of tn em. They were given ] away, Mrs. Gould testified.
 "One of them," she shot in, twas | given to your own sister, who is on | the stage. I have aided many poor girls to get stage engagements by l equipping them with my discarded gowns"
 Did 1t become herr" was MT. Nicoll | only rejoinder.
 As was the case Friday good part l of today was taken up in questioning 1 Mrs. Gould concerning her lavish ex- penditures. How many gowns to wear | day, how long it took to dress and 1 the declaration that it was ''very bad taste" to wear a gown twice, were l among the interesting fashion hints in l the testimony. The name of Dustin l Farnum, the actor. was again brought i in and George Gould told of how he had instituted an investigation to ascer-