Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-06-15
SCORES
FIRST POINT
IN CONTEST
RULING FAVORS
DEFENDANT HUSBAND
Charges Other Than Abandon
ment Dismissed From Con-
sideration in Case Plaintiff
Holds Own in Verbal Battle,

IBy Morning journal special leased wir>
New York, juno 4.-Abandonmen
win be the sole issue upon which th'
suit for separation brought by cath.
crime Clemmous Could against hel
husband. Howard Could, third son ~
the late jay Gould. viii be directed
This ruling was made late today IN th'
supreme court BY Justice Dowling az.
| ter counsel for Mrs Gould had rested
the case for the plaintifl This sweeps
away several phases of the case
| otablv cruelty ana non-support, mn
| Is partial vic ory for Howard Could
As the charge of abandonment tEe
court held that this too might not
stand unless the plaitn'ff was dtic q
show that Howard Gould's stipulation,
FOR reconciliation were unreasonable
This phase viii be argued tomorrow.
Developments today were perhap'
the most interesting IN the trial,
George Gould, a brother Of the de-.
PENDANT. testified and Mrs, Gould was
excused from the stand after three
After the plaintiff was rested. De-
lancey Nlcoll. for the husband, mad
the usual motion to dismiss the SUI
on the ground that the platnitf had
failed To make out case, There
have been no evidences of cruelty,
he argued. "one of the allegations =
that the plaintiff was surrounded by
spies Nothing has been adduced tt
prove 1t. Then there is the Hawlet
incident. Nothing in that bears on
the charge OF cruelty
Referring To the abandonment
charge he said Howard Gould left hi
wife in July. 1906, but Offered 20 re-
turn on perfectly reasonable terms
among other things. her abstentiou
from Intoxicating liquors. Mrs Gould
~ continued, refused,
During the argument Mrs Goulf
became faint and left the room. He
counsel, Clarence Shcarn argued
against the motion to dismiss,
1T is cruel to her he affirmed
for husband without Justification
to accuse his wife of being bat
character or to entertain, Withou
cause, reflections against her honor
what kind of a conspiracy WA
Mr. Nicoll engaged IN ~ he asked
when he got habtues Of saloon t'
work for the purpose Of proving Mra
Gould was a woman of bad reputc
That was the acme OF cruelty How
ara Gould's attempt to have his wiz
pledge herself not to drink IN itsel
constitutes cruelty,
In as much as the abandonment
charge only Is to be considered to
morrow there win be no further men
lion of Buffalo Bin. Big Iiawlcy
the former convict. or Ed. Sholes. tn
reunited gambler But it stll leaNc'
omen the question Of Mrs. Goulds IN
diligence Of intoxicants" "
whatever bearing the events of tn
day will have on the ultimate decision
In the ease honors were about ever
in the verbal battle between the cross
examiner and Mrs Gould Both sprans
surprises The lawyers most pertinen
and apparently embarrassing thrus
was the exhibition Of faded, old
fashioned photograph of young
woman sitting on white horse, WIZ
the white canvas of circus tent In
tho background Mrs Gould turned
a dull red as IT was shown, but sh'
would not identify the photograph o. |
one of herself. nor would she swea'
mar II was not She thought II wa
hardly fat enough for me-
This picture was introduced To show
If posslble. Mrs. Gould's former assn
,iation with Buffalo Blis show. ~
-etaliation for the picture incident
Mrs Gould made one cutting retort t'
her iuouisitor MI Nicoll had been |
asking the witness about hrt gowns
how many she wore, how often she
wore them. and what became or them
They were given away Mrs. H'ulo
.estified.
zone of them" she shot iu was
given to your own sister, VIII" IS on
me stage have aided many pool
yirls to get stage engagements by
.qnipping them with my disrarde'
gowns
,"Did IT become her. was Mr.
UicolTs onlS responder
Much OF the day was taken up lh
questioning Mrs. Could concerning h'i
avash expenditures. how many gowns
.ha wore a dav. how long IL took ="
lrcss and the declaration that il wa-
very bad taste to wear gown
vice. were among tho interesting
ashton hints in the testimony ihe
,ame Of Dustin Farnum was agaln
,rought in and George Gould told "l
low he had instituted an Investigation
q ascertain the facts concerning an
Iileeed marriage OF the plaintiff be-
orc she became his brothers wife
George Gould testified that he had
.au.ed an Investigation To- be made
n regard TO the alleged former mar
.iaqe of his brother Howard's witc
.Ie could not recall the date within
me year Of his brothers marriage
lis fathers estate. he said. had never
.ecn formally divided among the chill
lren Howard Gould WAS entitled 20
,ne-sixih Of the estate. under the VIII.
me estate Of the father was valued