The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-06-15
GOULD CASE NARROWS DOWN
ALLEGATIONS OF CRUELTY AND
NON-SUPPORT DISMISSED.
Now Up to Defence to Prove That the
Abandonm ent was Justined-Bis Haw.
ley and Buffalo Bill Out-Georee
Gould Tells OF HOward's Income.

Abandonm ent Was J~ustiiod-Big Haw.
ley and Buffalo Bill Out-Geeree
Gould Tells or Howard's Income.
The plaintiffs case in the Kathrine
Clemmons Gould separation suit rested
yesterday afternoon after the most i'm
portant testimony Mrs. Gould had to
offer had been introduced. Upon a no.
ton by counsel for the defendant to dis
miss the complaint Justice Bowling did
dismiss II as to the two allegations Of
cruelty and non-support, but not as to
the charge Of abandonment. He said
that a prima facie case Of abandonment
had been made out. The defence has al
ready admitted that Mr.. Gould left bis
wife and Is now put to it's proof that the
abandonment a justifable. 1t will be-
gin putting in evidence to-day.
Counsel for each side professed to re-
gard Justice Dowling's decision az favor
able. Clarence j. Shearn declared after
court had been adjourned that the aban-'
donment charge was the only real impor-
tant point In the complaint. De Lsncey
Nicoll appeared pleased when the cruelty
charge, which consisted In the main Of
allegations that Mr.. Gould had STR
rounded his wife with spies and had en-
listed the aid OF the New York Police De-
partment. was stricken out. Big Hawlsy
and Buffalo Bill are now eliminated as
factors.
Ex-Police Inspector Mclaughlin and
ex-Detective Sergeant Peabody were
called In the afternoon to tell OF their
activities in looking into the stories Of
Big Hawley and Ed sholee. the former
Snowman and gambler. as to alleged
previous marriages OF Mrs. Gould. In.
spector Mclaughlin said he was aotuAtsd
solely by a desire to find out whether the
crime Of bigamy had been committed.
Mr.. Shearn compelled him : admit that
such a crime would have been outlawed
four years before he took up the inveeti-
cation.
George Gould, who has Just returned
from a yachting trip. was subponaed to
appear with the books OF the Gould estate
to give testimony as to the income Of
Howard Gould. Mr.. Gould said that the
Jay Gould estate was valued at about
$40. 600 900 at the beginning Of 1903 and
that it's value is about the same now.
Howard Gould gets one-sixth Of the
income. From a printed slip he read the
amounts Howard had received from 1909
to 1907. They were: 1902, s726, 900; 1908.
t7s2 600; 1904, t7o6 900; 1905, $40 900:
1900. $777 900, and 1907. S74s.o0o.
Howard Gould also took the stand for.
the first time, being called to tell whether
he was in the habit OF spending all his
income. The Court overruled questions
along this line but permitted Mr.. Gould
to say that out Of his income he had built
up an independent fortune that was
valued in 1905 at between s.. 0oo,O 900 and
SO. 900. 900.
MERE SPECTATORS BARRED.
Mrs. Gould was called to the stand for
cross-examination when the ase was
resumed yesterday morning. There was
less than the usual number OF spectators
because the court officers admitted nc one
who didn't have business there. Only half
u OOZSu WOIDtH WOTO III w SOuIv ioVtls
They were all witnesses. The Rev.
Father Joseph Murray Of st. Agnee's
Church. who is to testify for Mr.. Gould,
was a spectator.
Mr.. Nicoll asked about the terms OF
sale Of the Blue Gap farm in Virginia
which was bought after Mrs. Gould became
estranged from her husband. Mira. Gould
said that she paid 3 5000 for 1t and that
she has paid OF all the debts on 1t with
the exception OF $22. ooo. which she bor-
rowed on some bonds.
Mrs. Gould said that her maid, Anna
Conway, was with her when she want to
the Carroll House at Lynohburg TO meet
Dustin Farnum and that whom she met
him at Atlantic City 1t about thu same
time May Robson and a cousin. Miss Sells,
were with her.
Mr.. Nicoll showed Mrs Gould an alleged
blueprint of the suite the party occupied
at the Marlborough lenheim. but che
couldn't tell from 1t which Of th4 i've
rooms she occupied or which The others
used.
How many beds were In the room you
oooupied3'
sTwo.' a-y
Single beds?'
YES"
Mr.. Niooll brought UP ths tefnss a
agreement upon which Mr.. 0Sud go.
sentsd to return 10 bic wife n July, 31oe. q,
Thsss tsrrns wsrS suhcnittsd - Nm ooAA
BY her cousin. Elijah ". eSus. sAA WV
70 the effect that shs WA - shststn fydIo
liquor. osass to humfHa$s Reward 0euld
bs1oss biz frisuds and dvs W her nAa-
ageuaent Of the Castle Gould estate m
rNAd froan . dspobiHca by xf.
sslls % tASss potnts-
what reply did you make 70 thAss
ternsf'
.what reply could I mAks'' rseurasd
Mrs. Gould.
Mr.. Niooll demanded that tia wttaess
the question and when abe svAded
1t he appealed to The Court
Answer the questions ~ they Are put
to you ordered Justice Bowling.
II don't reoolleot what reply I raAdA,'
said Mrs. Gould. her voice quaverfnS.
didn't Mr.. Gould tell you through NJ
Sells that II you would Agree to those
he would be glad to have you
Join him on the Niagara
And have me sign myself a drunkards'
asked Mrs. Gould.
Mr.. Niooll produced a letter written Ia
January, 1901. in which Mrs. Gould wrots;
my deaf Howard and signed hsrself.
v-..- o H TkA