Los Angeles herald., 1909-06-16
DEFENSE TELLS
HQAAL kRDC COslnN
EaUW lWNOe UUULU
DRANK LIQUORS
WIFE FEELS INUNDATED AT
TESTIMONY GIVEN
WoMAN's ATTORNEY TRIES TO
JUSTIFY HER CONDUCT
One Witness for Husband Said He
Had Not Seen Former Actress In
toxleated, but Had smeIled
Her Breath

! to some of the questions, but Justice
! Bowling ruled that it was proper to
have the habits of plaintiff, Mrs.
| Gould, proved.
Malloy said he was given control of
the Castle Gould estate.
Yes, l went on the Kaiser Wilhelm
| der Crosse with Mrs. Gould and Mr..
| Sells, February g."
How soon after you went to Castle
/ Gould did you see Mr.. and Mrs. Gould
on the estate?"
early in June, 1867
| "At what time at Castle Gould did
| you find Mrs. Gould under the infiu-
ence of intoxicants?"
Il object" said Mr.. Shearn, land 1
want to argue this point. If the state
ments show that she was under the
! influence of liquor, it would not give
him any justification for abandon
uent'
Mr.. Shearn then cited several author
! tiles 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 lot
| separation. Drunkenness, II has been
| held, has never justified abandonment,
said Mr.. Shearn.
Makes Abandonment Reprehensible
Instead of drinking on the part of
| his wife making his abandonment more
reasonable, it makes it more reprehen-
| sible."
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 breath?'
"No, did not get any nearer than I
had IN A" said fine 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 trivial and irrelevant and not
tending to establish the contention that
Mr.. Gould was justified in leaving his
wife because she was habitually In
temperate.
Later Malloy was allowed to tell of
other occasions when Mrs. Gould, he
said, had applied abusive epithets to
him. She was under the influence Of
lntoXicants, 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 defend
ant declining to live with his wife.
Charges Mental Epithets
"Alien" and "insolent puppy were
some of the epithets Malloy testified
Mrs. Gould applied to him. On cross
examination Malloy was asked If he
had not pressed Mr.. Gould for re.
| newal of his contract as manager OF
| Castle Gould at an increase in his sal
airy to $4,000 a year about the time Mr..
and Mrs. Gould separated.
Malloy said he had made such an eff
fort when Mrs Gould told him he was
discharged, and he wanted to be sure
of his status with his employer. He
had a contract with Mr.. Gould az the
$40 900 a year rate. but the fact did not
influence his attitude toward the prin-
cipals 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 in
a state of intoxication when she acted
and talked as he had testified.
Mallov mentioned an occasion when
Mrs. Gould reprimanded him and then
walked away, saying her walk was I'M
usual and that she fell against the win
dow and "ricochetted against the ban
lister" He said she had only little
while previously ordered him to go out
side, and then had told him to come
and sit on a lounge beside her.
Mrs. Gould Laughs
At this point Mr.. Shearn interposed
with a motion to have ''all that strick-
en- out except allen and fnsolent pup
py.'" creating laughter in which Mrs.
Gould joined.
Other employees of the Gould estates
were called in continuation of the de-
fense's effort to show that Mrs. Gould's
conduct had furnished justification for
her husbands abandonment of her.
Alfred Richards of this city, en-
ployed as steward at Castle Gould in
the summer of 1905, who had charge of
the buffers pantry, testified at one pc
riod Mrs Gould remained in her room
for two weeks and the witness supplied
her with liquors morning, noon and
night In the course of two weeks the
contents of seven bottles of brandy in
all were sent to Mrs. Gould's room, the
witness testified, in addition to cock
tails, light wines and whisky and soda
at intervals
Richards described an occasion a few
nights before he left Castle Gould when
"Mrs. Gould did not eat anything.
and after dinner retired to her room
while Mr. Gould went out on the lawn
to smoke cigar.
Mrs. Gould Rings Bell
"a few minutes later Mrs. Gould
rang the bell in her room and also the
! burglar alarm
| The witness said he found Mrs. Gould
| sitting on the floor in a dressing gown.
| tearing her hair. and that she ordered
| him to lock the doors of the house
81 told Mrs. Gould that Mr.. Gould
was still outside" the witness contin-
ued. "She said the doors should be
| closed, whether Mr.. Gould was out or
| whether the servants were out, but /
! did not lock the door on Mr.. Gould. l
| simply closed It, Mr.. Gould followed
me upstairs and went into Mrs. Gould's
room He said to her:
What is the matter?
"'Get out! you little hound she said
to him in my hearing; and he left the
| room'
"Did you see Mrs. Gould drunk on
any other occasion7"
II saw her one other time with two
workmen She said to one of the men
that he should get off the place or she
would kick him Off"
Mrs. Gould as Richards told of the
language she used buried her face in
her hands, and audible sobs punctuated
the stewards story
Richards stated on redirect examin-
alton that he purposely left some things
about the Palm Beach trip out of his
affidavit. He stated he had served Mrs
Gould and others with drinks frequent
ly on the trip, but was not allowed to
tell in what quantities.
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