The Birmingham age-herald., 1909-06-16

l that 1t was proper to have the habits of 1 the plaintiff, Mrs. Gould, proved. Malloy
 said he was given control of the Castle l Gould estate
 Did you go to Europe with Mrs. l Gould?"
 Yes, I went on the Kaiser Wilhelm l der Crosse with Mrs. Gould and Mrs. 1 Sells on February G."
 How soon after you went to Castle Gould did you see MT. and Mrs. Gould on the estate?"
 1 Early in June, 1906" What was the first conversation you
 had with Mrs. Gould at Castle Gould? ?'
 Objection to Question. There was an objection to this ques- l tion which the court sustained l At what time at Castle Gould did you | find Mrs. Gould under the influence of , intoxicating liquors?"
 q object said Mir Shearn, "and l want to argue this point If the state
 ments show that she was under the in 1 fiuence of liquor it would not give him l any justification for abandonment"
 MT. Shearn then cited several authori- 1 ties and a number of precedents, and 1 there was considerable argument on the l question. Mr. Shearn declared that even 1 if the charges against Mrs. Gould were 1 proved they could not furnish ground for l a separation.
 "Drunkenness, it has been held, has never justified abandonment" said MT. Shearn. 'Instead of drinking on the part of his wife making his abandonment more | reasonable, it makes it but more repre- hensible." Malloy however, was permitted
 to tell of various instances when. he said,
 Mrs. Gould was intoxicated. Referring to one of these occasions. counsel asked Nalloy:
 Did you got close enough to smell her | breath?"
 No, did not get any nearer than I had to-" said the witness. MaIIoys Testimony. About the middle of July 1906 Malloy said there was a day when he could pos itively state that Mrs. Gould was under the influence of some form of intoxicant. She sent for him and excitedly reproved him for neglecting to adjust some of the house furnishings properly. On ob- jeotion by Mrs. Gould's counsel the wit ness was not permitted to give details of many incidents which occurred at Castle Gould, the court holding them to be trivial and irrelevant, and not tending to establish the contention that MT. Gould was justified in leaving his wife because she was habitually intemperate.
 Later Malloy was allowed to tell of oc- casionc when Mrs. Gould he said, had applied abusive epithets to him. She was under the influence of intoXicants, in his opinion, on these occasions. These were for the most part after the separator of MT. and Mrs. Gould, the court holding that proof could be offered of continued condition which would consti- ute reason for the husband refusing to live with his wife.
 Alien" and "insolent puppy were some of the epithets Malloy testified Mrs. Gould applied to him.
 Malloy mentioned an occasion when he said Mrs. Gould reprimanded him and then walked away, saying her walk was unusual, and that she fell against the window and 'ricochetted against the ban ister." He said she had only little while previously ordered him to go out side and then had told him to come and sit on a lounge beside her. At this point MT. Shearn interposed with a motion to have "all that stricken out except alien and insolent puppy" creating laugh in which Mrs Gould joined.
 Served With Liquors.
 Other employees of the Gould estates were called in continuation of the de- fenses efforts to show that Mrs. Gould's conduct had furnished justification for her husbands abandonment of her AL fred Richards of this city employed as steward at Castle Gould in the summer of 1905, who had charge of. the buffers ! pantry. testified that on several different occasions he had seen Mrs. Gould under the influence of liquor. At one period, he said, Mrs Gould remained in her home for two weeks, and the witness served her with liquors morning noor and night The liquors were delivered to her maid Tn the morning two cocktails were fre- quertly served, at luncheon light wines, later whisky and soda, and in the even ings as 9 rule two drinks of brandy. In the course of two weeks the contents of seven bottles of brandy in all were sent to Mrs. Goulds room, the witness testi- fled. Richards described an occasion a few nights before he left Castle Gould, when he said:
 Mrs. Gould did not eat anything and after dinner retired to her room, while Mir. Gould went out on the lawn to smoke his cigar A few minutes later Mrs. Gould rang every bell in her room and
 also the burglar alarm Several of the l men rushed into her room. She sent
 them away. telling them she wanted me
 l reached theres to find her sitting on 1 the floor in dressing gown tearing her | hair. She told me that the house had not 1 been closed as it should be If all the ser | wants were in. I went down and closed 1 the back doors. and then l told Mrs | Gould that Mir. Gould was still outside | She said that the doors should be closed | W
 the servants were out She ordered me l to close the doors but I didn't lock the door on MT. Gould. I simply closed it. I All this time the burglar alarm was l ringing.
 Husband Ordered Out.
 Then after MT. Gould followed me up- stairs and went to Mrs. Gould's room, he l said to her: What Is the matter?' Get ! cut you little hound, she said to him l in my presence and he left the room" Did you see Mrs. Gould drunk on any 1 other occason?"
 T saw her one other time with two
 workmen. She said to the electrician, | one of the men, that he should get off 1 the place or she would kick him off l Mrs. Gould broke into tears during the l recital. As Richards told of the lan- | guage she used her face was buried in ] her hands and audible sobs punctuated the | stewards story It was only when the | witness was given over for cross-examin-
 alton that her weeping ceased. l It was brought out that the burglar [ incident had happened in August, 1906 The witness denied he had been dis 1 charged by Mrs. Gould and said he had | left of his own accord. He described ] trip of MT. and Mrs. Gould to Palm l Beach, Fla, during which he had seen ! Mrs. Gould frequently but on no ocea- sion during the trip had he noticed her
 under the influence of liquor, he said.
 Affidavit Referred To.
 MT. Shearn referred frequently in his | examination to an affidavit which