Los Angeles herald., 1909-06-26
JUDGE GRANTS DIVORCE TO
MILLI0NAlRE'S WIFE
COURT DECLARES ALL EVIDENCE
FAVoks WOMAN
Jurist Says as Meetings with Dustin
Farnum Took Place After Sep
aratIon They Were lmn1a-
teriaI
tBy Associated Press.l


her husband and alimony of $4,000 a
year.
Justice Bowling in his decision said
that all the evidence was in favor Of
Mrs. Gould and that the conduct OF
Mrs. Gould when she was alleged TO
have been intoxicated might have been
caused by excitement.
The Justice disposed of the allega-
tions concerning Mrs. Goulds meetings
with Dustin Farnum by saying that
they all occurred since Mr. and Mrs
Gould had separated and that Mr..
Gould had never objected to them.
A stay of thirty Gays in execution
of the judgment was granted.
Mrs. Gould, recalled to the stand,
reiterated her declaration that she had
never been intoxicated In her life.
After some discussion counsel for both
sides agreed that Mrs. Gould and Dus-
tin Farnum, the actor, had met eight
cen times by appointment.
Talked Business
The witness said she had met Far
mum to talk business on all but the
occasion in Hartford, when they met
by accident.
Now you say you were thinking of
returning to the stage?" asked Mr..
Nicoll.
Mrs. Gould said she had talked with
Farnum about his going into the high
class drama" and playing heavier
roles.''
Mr., Nicoll wanted to know If Mrs.
Gould had talked to Farnum for ten
hours about her theatrical ventures on
the occasion of the automobile trip to
Long Island" when the car broke
down.
Mrs. Gould said that was the princi-
pal topic of their conversation.
Didn't you ever dismiss that sub
ject and talk about something else"
asked Mr.. Gould's counsel.
Never" said Mrs. Gould.
Mrs. Gould said she met Farnum at
the Hotel Carroll in Lynchburg, Va,
in the fall of 1906 to apologize to him
because she had invited him and his
manager to Blue Gap farm and then
had. notified hine not tn come.
Ibid 1t take you two days and a
half to apologize?" asked Mr.. Mcoll.
The question was not allowed.
Admired Him
Mrs. Gould said she admired Far
mum "as a manly man who was witty
and entertaining at times"
The witness appeared to be quite ner-
vous on the witness stand. She cried
a little to herself as she resumed her
seat beside her lawyer.
This decision means only an increase
from $4,000 to $36,0O0ga year for Mrs.
Gould.
1T would rather have the vindication
than the money" said Mrs. Gould as
soon as Justice Bowling finished his
decision.
"That's why 1 insisted upon a public
trial, I guess people know now what
have had to put up with. This YER
dict is worth more to me than any
money could ever give me-"
Gets Attorney Fees
Mr.. Shearn asked for an extra allow
ance for counsel fees. and the court
gave him $4,000. This together with
the $4,000 allowed recently, and the
original allowance of $4,000. will bring
his fees to $4,000, with an additional
sum of $4,000 for expenses.
Howard Gould hurried from the court
room and declined to discuss the case.
Mrs. Gould's dover right in Howard
Gould's real property amounts to $4,000, :
600, according to her attorney and was
unaffected by the separation.
Mrs. Gould said: 81 am the happiest
woman living because 1 have been SO
completely vindicated. Not one little
pang shot through my heart at the
smallness of the allowance-only su-
preme joy and the deepest gratitude.
/ send thousand loving thanks to all
who have helped me-"
Justice Dowlings decision is, in part:
Judges Decision
$50 far as the defense has sought to
substantiate by proof its allegations OF
gross habitual intoxication on the part
of the plaintiff. not only has the de-
fendant failed to support that allega-
tionNby proof, but on the contrary, the
plaintiff has gone beyond what she was
directly required tp do, and 1 find that
affirmatively the preponderance Of tes-
timony is overwhelmingly in her favor.
$50 far as the allegations of improper
conduct with .Farnum are concerned,
there is this to be said, that the epi-
sodes which have been testified to took
place after the desertion of the plaintiff
by the defendant, and they could there
fore furnish no justification of any kind
for the original desertion.
$50 far as this record discloses, the
desertion of the plaintiff was without
sufficient justification and was without
even sufficient provocation.
Would Be Unfair
''To apply to the plaintiff in case
of this kind no more relief than simply
pTONlSlOil lpI hCSPiiA6 AAAS eAAN eOoA
together would be obviously unfair
and would be putting premium upon
desertion of wives by their husbands,
and would be making it easier for them
to reduce their expenses by simply
leaving their wives and paying no
more than was required for the actual
necessities of life.
"I confess the question is one of
embarrassment and / have been un-
able to find any rule to govern me. I
have power to do no more in this
court, as / see my duty. than to award
the plaintiff a sum. which, in my opin-
ion. will enable her to live in comfort
and ease and with dignity beitting
her station as the wife of the defend
ant. I have fixed that at the sum Of
$4,000 a month, $4,000 year, which is
about $100 a day. 1t is fair per-
centage of his income.
''If she should return to the stage
then a different situation would exist
and the defendant may then be at lib
erty to take steps to reduce this al
loWance."