The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-06-16
HUSBANDS TURN.
Howard Gould Presents Testimony
on Drunkenness Charge.

separation from her husband, Howard
Could rested when the hearing of the
case was resumed today The charges
Of cruelty and nOn-suppOrt, which were
a part of Mrs. GOuid's original COM
Iplaint, having been stricken out by
Justice Bowling at the motion of cOUn-
sci for Mr.. Gould, today's evidence was
confined to the hearing on abandon
ment only. Mrs. Gould has declared
that she has not spoken to Mr.. Gould
since July, 1906, when she had COM
planned to him about the condition of
Maurice Malloy. whom Mr.. Gould had
put in charge of Castle Gould, the Long
island home of Mr.. and Mrs. Gould.
subsequently, Mrs. Gould said, her hus-
band sent Elijah w. Sells TO her to say
that Mr.. Gould would return to her if
she would agree to certain conditions,
or he would arrange either for separa-
ton or divorce. These proposals were
rejected by Mrs Gould.
Ruling of the Court.
Under the ruling of Justice Bowling.
Howard Gould was given permission to
present evidence in support of charges
that Mrs. Gould was addicted to the
use of intOxicants and that she had
Inundated him before his guests
Before the resumption of the case to-
day, a letter from Mrs Charlotte Nicolf
Weston, sister of Delaney Nicoll. Mr.
Gould's attorney, was given out deny
ing that Mrs. Gould had given her a
dress. Mrs. Weston said she had never
seen Mrs. Gould. When the letter was
shown to Mrs. Gould, she said:
Il did not give the gown to her per-
sonally, but she was one of the actresses
who received a box of gowns that 1
D sent to one of the theatres"
Story of Morris MaIioy.
Morris Malloy. superintendent of the
| Castle Gould estate, was the first wit
ness today called in the interest of Mr.
Gould. Mr.. Shearn, for Mrs. Gould, OBJ
jected to some of the questions asked
him by Mr.. Watson, associate counsel
for Mr.. Gould, but Justice Bowling
ruled that it was proper to have the
habits of the plaintiff, Mrs. Gould.
proved. Malloy said he was given con-
troll of the Castle Gould estate.
Did you so to Europe with Mrs
Gould?"
Il went on the Kaiser Wilhelm der
Crosse with Mrs. Gould and Mr. Sells
on Feb. g.
How soon after you went to Castle
Gould did you see Mr.. and Mrs. Gould
on the estate?"
Early IN June. lSUb.
AT what time at Castle Gould did
you find Mrs. Gould under the influence
Of intoxicating Hquors?"
Attorney Wanted to Argue. ,
Il object" said Mr.. Shearn. 'and /
want to argue this point. If the state
ments show that she was under the in
! huence Of liquor it would not give him
any justification for abandonment"
Mr.. Shearn then cited several authOri-
/ ties and a number of presidents, and
/ there was considerable argument.
Mr.. Shearn declared that even if the
charges against Mrs. Gould were true,
/ they could not furnish ground for a
/ separation. Drunkenness, it has been
held, has never justified abandonment"
/ said Mr.. SheaTn. Instead of drinking
/ on the part of his wife making his
abandonment more reasonable, it makes
/ it but more Teprehensible"
! MallOy, however was permitted to
/ tell of various instances when he said
Mrs. Gould was intoxicated.
| Referring to one Of these occasions,
/ counsel asked Malloy:
Did you get close enough to smell
| her breathe"
Kept His Distance.
NO. 1 did not get any nearer than 1
/ had to-" said the witness.
| On objection by Mrs. Gould's counsel
the witness was not permitted to give
details of many incidents which oc-
CURED at Castle Gould, the court hold
ing them to be trivial and irrelevant
and not tending to establish the conten-
ton that Mr. Gould was justified in
leaving his wife because she was habit
ually Incorporate.
Later MaiiOy was allowed to tell of
other occasions when Mrs. Gould, he
said, had applied abusive epithets to
him. She was under the influence of
intoxicants. in his opinion. on these oc-
casions.
These were for the most part after
the separation of Mr.. and Mrs. Gould
The court held that proof could be Of
fered for continuing conditions which
would constitute reason for the husband
refusing to live with his wife ALIEN"
and 'insolent puppy" were some of the
epithets Malloy testified Mrs Gould ap-
piled to him.
Gets $4,000 a Year.
On cross-examination Malloy was
asked if he had not pressed Mr.. Gould
for a renewal of his contract as man
ager Of Castle Gould at an increase in
his salary to $4,000 year about the
time that Mr.. and Mrs Gould sepa-
rated. MallOy said he had made such
an effort when Mrs. Gould had in
formed him that he was discharged,
and he wanted to be sure of his status
with his employer He now had a con-
Z tract with Mr. Gould at the $4,000 a
year rate, but that fact did not inf1u-
ence his attitude toward the principals
/ in the present suit. he said. He felt no
animOsity toward Mrs. Gould for her
| having treated him as she did. as he
realized, he said. that she was i'm a
state of intoxication when she acted
and talked as ne had testified.
So Drunk She Staggered.
MallOy mentioned an occasion when
Mrs Gould reprimanded him and then
walked away. saying her walk was IN
usual and that she fell against the
window and rriOchetted against tn,
bannisJer." He said she had only a lit
tie while previously ordered him to 60
outside, and then had told him TO come
and sit on a lounge beside her
At this point Mr. SheaTn interposed
with motion to have 'all that strick-
en- out except alien and 'insolent pup
py.' creating laughter. In which Mr.
Gould Joined.