Evening star., 1909-06-21
DEFENSE RESTS CASE
Surprise Is Sprung by Howard
GouId's Attorney.
'WIFE'S WITNESSES HEARD
Testify They Never Knew Her to
Drink to Excess.
CONDUCT REFINED ALL TIMES
Dispositions of Lieut.. and Mrs. Bank
head Are Read in Evidence
by Lawyer Shearn.
WIFE'S WITNESSES HEARD
CONDUCT REFINED ALL TIMES

Dowling opened court today for a con-
tinuat1on Of the trial Of katherine Glenn
mons Gould's suit for separation and an
alimony allowance of $25O.OOO year from
her husband. Howard Gould. the defense
sprung a surprise by announcing that 1t
rested its case. Delaney Nicoll. counsel
for Mr.. Gould. declared that on looking
over the testimony that had been present
ed he found 1t SO replete with evidence
to establish the contention of the defense
that Mr.. Gould was justified in the sepa-
ration from his wife that he believed it
unnecessary to call any more witnesses
Clarence J. Shearn. attorney for Mrs.
Gould. told the court that Mr.. Nicoll's s
announcement had taken him by surprise
and that he had no witnesses at hand at
the moment to put on the stand in rebut-
tai With the courts consent. however.
he said he would read the dispositions of
witnesses taken in preparing the case for
trial Mr.. Shearn at once proceeded with
the reading of these dispositions.
The first deposition taken up. by Mr..
Shearn was that of Mrs. Alice S. Bank
head of Atlanta, Ga, wife of Lieut. Hen
ry McCauley Bankhead of Fort McPher-
son. Ga, who visited Mrs. Gould on nu-
merous occasions.
Visit to the Khedive.
Mrs. Bankhead related in her deposition
the incidents of visit with Mrs. Gould.
as the latter's guest, in Cairo, Egypt. in
1902. when the party visited the khedive's s
palace. The witness described Mrs.
Gould's conduct on this occasion as lady
like and above reproach." Mrs. Bankhead
accompanied the Goulds on their yacht
from Cairo to Alexandria. Mrs. Gould 9
Il
cism.'' on that trip. according to Mrs.
Bankhead. Mrs. Gould was never in
toxicated during this time. the witness
deposed. The witness stated that she had
visited Mrs. Gould at Castle Gould and
the ST. Regis Hotel for periods of sew
eral weeks at a time. and never saw
her use intoxicants to excess.
..irs. Gould never drank more than q
cocktail before dinner. and only light
wine with her dinner, not more than the
average society lady drinks
What did you observe she would drink
at lunch time?" was a question asked by
Mrs. Gould's counsel.
MRS. Gould would usually take a cock
tail before lunch. but the extent of her
drinking was not noticeable to me on ac-
count of her conduct" the witness re-
piled. She never saw Mrs. Gould drunk
in the evening, and never saw her bolster
Gus, and never heard her swear or use
improper language The witness was
with Mrs. Gould in Chicago in 1907, and
noticed nothing improper in her conduct.
Mrs. Bankhead said her daughter kathe-
rine, who was born August p, 1905, was
named after Mrs. Gould.
"Dignifed, Refined and Gentle"
The deponent said Mrs. Gould was
"dignifed, refined and gentle, and always
conducted herself in a manner above re-
proach."
In the cross-examination on the depo-
sition, Mrs. Bankhead would not swear
that she had never heard Mrs. Gould
spoken of as drinking woman" She
said that Mrs. Gould had never spoken
to her. but once about Dustin Farnum,
the actor and had then told her that
their names were not "linked together
in any improper way.
Mr. Shearn next read the deposition OF
Lieut.. Bankhead. The witness said that
he was the son of Senator Bankhead Of
labama, and had entered the army in
1898 The witness testified in regard to
the various visits of himself and wife to
the Gould estates and at hotels in this
city. He had never seen Mrs. Gould in
toxicated or observed her conduct to be
indecorous or unladylike. Her conduct
always had been proper in every respect
the witness deposed. and he had never
guests at dinners.
/ Oncross-examnatio Lieut.. Bankhead
was asked
LAS a man or army officer would you
not testify reluctantly in regard to con-
duct rejecting upon a woman who had
been your hostess?"
LAS a man or army officer I would do
so, ordinarily, but when placed on my
oath to tell the truth. 1 should testify
unhesitatingly." was the reply.
Never Saw Her Intoxicated.
Louie O. Foreman. superintendent of a
cleaning and ventilating firm of this city.
who said that he had been at Castle
Gould frequently during the four years
from May, 1905 to December. 1905 en-
gagged in installing a heating and ventilat-
ing plant. was the first witness called by
the plaintiff. He testified he had met
him instructions about the work at Castle
Gould. and never saw her intoxicated or
heard her use strong language to the
servants or employees.
On cross-examlnation. Mr.. Nicoll asked
Mr.. Foreman for the dates when he had
seen Mrs. Gould at Castle Gould. but the
only occasion he could remember specifi-
cally was in August. 1904. He said he
had never met ner lnSiue tne ilouSe
William F. Murphy. an automobile
broker, who said he had charge of the
private garage at Castle Gould from Sep
tember, 1900. to APRIL 1902, testified that
he frequently drove Mrs Gould about
the estate when she was giving instruc-
tions to the various heads of departments.
He never heard her curse or swear at any
of the employees and never saw her when
she showed ANY signs of being under
the influence of LIQUOR Murphy said
Michael J. Duffy. who said he was
superintendent of buildings at Castle
Gould from August. 1902, to May, 1904.
and met Mrs. Gould almost daily in his
work and Jacob Cocks. resident of
Port Washington. who said he had done
general road building. cartfng, etc. for
Mrs. Gould at Castle Gould from 1901 to
1905 and sometimes met her, to get or
ders, as often as three times day, both
testified that they had never seen Mrs.
Gould intoxicated or hear1 her use
abusive language. Mr.. Nicoll brought
out that Duffy was dropped from the en-
ployment of the Goulds.