Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-06-16

CONTINUED from Page one.)
was concluded. adjournment was taken
until tomorrow.
The argument on the application of
Mr.. Shearn for a further allowance of
so, 900 counsel fees for his services as
counsel for Mrs Gould, that was to
have been argued this afternoon, was
adjourned until tomorrow. Mr.. Shearn
has already received counsel fee Of
$4,000.
New York, June 15.-AbandOnment
was the only charge upon which Mrs
Katherine ClemmOns GOuld's suit for
separation from Howard Gould rested
when the hearing of this case was re-
sumed today. The charges of cruelty
and non-suppOrt, which were part
of Mrs. Gould's original complaint.
having been stricken out by Justice
Bowling at the motion of counsel for
Mr. Gould, tOday's evidence was con-
fined to that bearing on abandonment
only.
Mrs Gould has declared that she
had not spoken to Mr. Gould since
July, 1906, when she had complained to
him about the conduct of Maurice Mail
10y, whom Mr. Gould had put in charge
Of Castle Gould. the Long Island home
of Mr.. and Mrs. Gould. Subsequently
Mrs. Gould said her husband 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 separation
or divorce. These proposals were re-
jected by Mrs. Gould.
Under the ruling of Justice Bowling.
Howard Gould was given permission
to present evidence to support his
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 letter from Mrs. Charlotte \icoll
Weston. sister of Delaney Nicoll. Mr.
Gould's attorney, was given out deny
ing that Mrs. Gould had given her
dress Mrs Weston said she had new
er seen Mrs. Gould. When the letter
was shown to Mrs. Gould she said:
Il didn't give the gown to her
personally but she was one Of the act
wa
that sent to one of the theatres"
Maurice Malioy superintendent of
the Castle Could estate was the first
witness today, called in the interest Of
Mr. Gould. Mr.. Shearn, for Mrs. Gould
objected to some of the questions ask
ed him by Mr.. Watson. associate coun-
sci for Mr.. Gould. but Justice Bowling
ruled that it was proper to have the
habits of the plaintiff. Mrs. Gould prov
ed Malloy said he was given control
of the Castle Gould estate.
Ibid you go to Europe with Mrs.
Gould?'
yes, I went on the Kaiser Wilhelm
Der Crosse with Mrs. Gould and Mr..
Sells on February s."
Glow soon after you went to Castle
Gould did you see Mr.. and Mrs Gould
on the estate?"
Fairly in June, 1906
what was the first conversation you
had with Mrs. Gould at Castle Gould?"
The court sustained an objection to
the question.
AT what time at Castle Gould did
you find Mrs. Gould under the influence
of intoxicating liquors.
II. object" said Mr.. Shearn. land l
want to argue this point. If the state
mcnts show that she was under the in
fiuence of liquor it would not give him
airy Justification for abandonment
Mr., Shearn then cited several au
thorities and number of precedents
and there was considerable argument
on the question.
Mr.. Shearn declared that even if the
charges against Mrs. Gould were true
they could not furnish him with ground
for separation.
drunkenness, 1t has been held. has
never justified abandonment, said Mr..
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 Malloy:
Did you get close enough to smell her
breathe"
mo. l did not get any nearer than
had to-" said the witness
About the middle of July, 1906. Malloy
said there was a day when he could
positively state that Mrs. Gould was I'M
der the influence of some form of intox-
icant. She sent for him and excitedly re-
proved him for neglecting to adjust some
of the house furnishings properly. On
objections by Mrs. Gould's counsel the
witness was not permitted to give details
of many incidents which occurred at Cas-
tie Gould. the court holding them to be
trivial and irrelevant and not tending to
establish the contention that Mr. Gould
was justified in leaving his wife because
she was habitually Incorporate
Later Malloy was allowed to tell of
other occasion when Mrs. Gould, he said.
had applied abusive epithets to him. She
vas under the influence of intoxicants,
in his opinion, on these occasions, he stat
ed. These were for the most part after
the separation of Mr.. and Mrs Gould.
the court holding that proof could be
offered of continuing conditions which
would constitute reason for the husband
declining to live with his wife. ALLEN"
and 'insolent puppy" were some of the
epithets Malloy testified Mrs. Gould APP
piled to him.
On cross-examination Malloy was asked
II he had not pressed Mr.. Gould for a re-
ua1 n hic