The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1909-06-16
ISSUE IN GOULD SUIT
Is Narrowing Down to a Ques-
tion of Abandonment.


Gave One Of Her Gowns, She Said,
to Delaney Nicoll's Sister.
New York, June abandonment
will be the sole issue upon which the
suit for separation brought by Kath-
crime Clemmons Gould against her hus-
band, Howard Gould, third son of the
late Jay Gould, will be decided. This
ruling was made in the supreme court
by Justice Bowling, who is hearing the
vase, after counsel for Mrs. Gould had
rested the case for the plaintiff.
This sweeps away several phases
Of the case. notably cruelty and non
support and is a partial victory for
Howard Gould. AS to the charge Of
abandonment the court held that this
too, might not stand unless the plain
tiff was able to show that Howard
Gould's stipulations for a reconcila
tion with his wife were unreasonable.
This phase of the case will be argued
Allegations Not Sustained Said Ncoll.
Delaney Nicoll, for the husband
made the usual motion to dismiss on
the ground that the plaintiff had fail
ed to make out case. There have
been no evidences Of cruelty" he
argued. zone of the allegations is
that the plaintiff was surrounded by
spies. Nothing has been adduced to
prove It. Then there is the Hawley
incident. Nothing in that bears out
the charge Of cruelty"
Referring to the abandonment
charge, he said Howard Gould left his
wife in July 1906, but offered to re-
turn on perfectly reasonable terms,
among other things asking her to alb
stain from intoxicating liquors. Mrs.
Gould, he continued, refused. During
the foregoing arguments Mrs. Gould
became faint, left the courtroom and
did not return.
Then her attorney, Clarence Shearn,
began his argument. 1T is cruelty"
he affirmed, "for a husband. without
justification, to accuse his wife OF being
a bad character, or to entertain against
her, without cause, reflections against
her honor.
What kind of conspiracy was Mr..
Nicoll engaged in." he asked, when
he got habitues Of a saloon to work
for the purpose of proving Mrs. Gould
a woman OF bad repute? That was
the acme of cruelty. Howard Gould's
attempt to have his wife pledge her.
self not to drink in itself constitutes
cruelty"
1t was this clause in the agreement
that had been asked the wife to sign
before he would consent to live with
her again that Mrs. Gould most strong
ly objected to.
what" she had exclaimed earlier
in the day, have me sign myself
drunkard? Never"
Inasmuch as the abandonment
charge only is to be considered there
will he no further mention Of Buffalo
Bill Big Hawley, the former convict
or Ed Sholes, the reputed gambler.
But 1t still leaves open the question of
Mrs. Goulds indulgence in intoxicants.
Young Woman on White Horse.
Whatever bearing the events of the
day will have on the ultimate decision
in the case. honors were about even
in the verbal battle between the cross.
examiner and Mrs. Gould. Both
sprung surprises. The lawyers most
pertinent and apparently embarrass-
ing thrust was the exhibition of a fad
ed, old-fashioned photograph of a
young woman on a white horse, with
the white canvas of circus tent in
the background. Mrs. Gould turned a
dull red as it was shown, but she
would not identify the photograph as
one Of herself, nor would she swear
that 1t was not. She thought 1t was
hardly fat enough for me-"
This picture was introduced to show,
il possible, Mrs. Gould's former as
sociation with Buffalo Bills show.
She had previously denied on the
stand that she was in any way con.
nected with the Wild West, though ad-
mitting that she had travelled at times
with Colonel w. F. Cody and his |
daughter and that he had been her
manager.
In retaliation for the picture Incl
dent, Mrs Gould made one cutting re-
tort to her inQuisitor. Mr. Nicoll had |
been asking the witness about her
gowns, how many she wore, how often
She wore them and what became of
them. They were given away, Mrs.
Gould testified.
zone of them" she shot in was
given to your own sister, who is on
the stage. l have aided many poor
girls to get stage engagements by |
equipping them with my discarded
gowns"
"Did 1t become her?" was Mr.. Mic
OILS only rejoinder.
AS was the case Friday good part |
Of the time was taken up in question
ing Mrs. Gould concerning her lavish |
expenditures. How many gowns to |
wear day, how long 1t took to dress
and the declaration that It was "very |
bad taste to wear a gown twice, were
among the interesting fashion hints In
the testimony.
The name of Dustin Farnum, the ac-
tor was again brought in, and George
Gould told Of how he had instituted an
investigation TO ascertain the facts