The Montgomery advertiser., 1909-06-22
SENSATIONS
 ARE MISSING Gould Defense Decides to
 Rest. SATISFIED WITH EVIDENCE Stress Brought in Testimony of
 the Bankheads. Iaeutenant A.d His Wife Are Chief Support of Mrs. Gould In Claim for szso,ooo An-
 mony.
TESTED WITH EVIDENCE


 CTS who have attended daily the ses- sions of Katherine clemmons Gouid's suit for separation from her husband, Howard Gould. were sadly disappointed at the resumption of the hearing today when 1t was announced that the de- fenss had rested and that Howard Gould would not take the stand. It had been expected mat his direct tes- timony and his cross examination would take two days. Gould, himself. seemed relieved and Mrs. Gould an- noyed.
 Delaney Nicoll, counsel for Mir. Gould. said: "We have decided that the testimony We have offered is so com piete that there Is no necessity for go- ing further" When Clarence J. shearn. counsel for Mrs Gould recovered From his astonishment. led off the rebuttal with testimony designed to show, he explained, ''the fafsity of the charge that Mrs. Gould was continually and habituaiiy intoxicated from 1902 to the present date"
 Do you regard such evidence as nec- essary?" asked the court. /
 Necessary or not, counsel for the plaintiff thereupon produced a stream , of below stairs witnesses whose testt- mony was followed by the reading of depositions of guests and friends who testified that Mrs. Gould. never to their Knowledge, drank to excess, and that she was always sffabie. reserved and modest in her language. Directly op- posite to that given previously. It was on account of the unexpected attitude taken by the defense that Mir. Shearn ran short of witnesses late in the day and was obliged to introduce the depositions. He promised, how- ever, to have string of about fifty ready when court opens tomorrow morning who will testify in rebuttai to disprove. If possible, the husbands charges, including Mrs. Gould's alleged associations with Dustin Farnum. the actor.
 The deposition taken up by Mfr. Shearn was that Of Mrs. Alice s. Bankhead of Atlanta, wife of Lieu tenant Henry McCauley, Bankhead, of Fort McPherson, Ga, who visited MFs. Gould on numerous occasions. Mrs. Bankhead related In her deposi- ton the incidents of visit with Mrs. 8xypt in Ise2 when the party visited the Khedive's palace. The witness described Mrs. Gould'p conduct on this occasion as ''ladyiike and above re, proach."
 Mrs. Bankhead accompanied the Goulds ..on their yacht from Cairo to Alexandria. Mrs. Gould's conduct was perfect and beyond criticism" On that trip, according 10 Mrs. Bankhead, Mrs, Gould was never intoxicated dur ing 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 erey weeks at a time and never saw her use intoxicants to excess.
 Mrs. Gould never drank more than a cocktail before dinner, and only light wine for dinner, no 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.
 Never Seen Drunk.
 Mrs. Gould would usually take cocktail before luncheon. but the ex- tent of her drinking was not notice- able to me on account of her conduct" the witness replied. She never saw Mrs. Gould drunk in the evening and never saw her boisterous, and never heard her swear or use improper lan- guaRe. The witness was with Mrs. Gould fin Chicago in 1907 and noticed nothing improper in '~,r conduct. Mrs. Bankhead said her daughter, Rather inc, who was born August 21, 1905. was named, after Mrs. Gould. The de- ponent said Mrs Gould was "dignified, refined and gentle, and always con- ducted herself in manner above re- proach." M
 In the cross examination On the de- position, Mrs. Bankhead would not swear that she had never heard Mrs. Gould spoken of as drinking wo-, man."
 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.
 Mir. Shearn next read the deposition of Lieutenant Bankhead. The witness said that he was the son of Senator Bank head, of Alabama. and had en- testified in regard to the various visits of himself and wife to the Gould es- -tates and at hotels in this city. He had never seen Mrs. Gould intoxicated or observed her conduct to be inde- corous or unladylike. Her conduct always had been proper in every re. spect. the witness deposed. and he had never seen her drink more than any of the guests at dinners.
 On cross examination, Lieutenant Bankhead was slCed: "As a man or army officer, would you not testify reluctantly in regard to the conduct reflecting upon 8 woman who had been your hostess?''
 As a man or army ofneer womb do so ordinarily. but when piaced on my oath to tell the truth. should taS. tify unhesitatingiy." was the reply.
 PrOmkses a Burprfme
 New York. June 2I-sAdrs. Katherine Clemmons Gould. who Is suing for a separation and S2sO. 900 a year aiimonv. said today that she had added several witnesses for her side, and lobtained evidence to refute the testimony of the hotel Bellevue-Stratford servants who testified that they saw Dustin Farnum, the actor. leave her apartments early sone morning during her stay at the Philadelphia hotel in 1906. Mrs, GouiI returned from Philadelphia last night. where aha vvent Safurdav aFtn. Al .