The Birmingham age-herald., 1909-06-18
WARM TESTIMONY IN COULD TR|AL Testimony Continues on the Part of the Servants ORDEAL IS VERY TRYING DeIancey NicoII and MT. Shearn of the Defense Have a Sharp Tilt Over
 Term Used In the Ex-
 animation.
ORDEAL IS VERY TRYING

New York. June 17.-The spot light of late today in the trial of Mrs. Howard Gould's suit for separation from the es- tate of Castle Gould to the St. Regis hotel to the farm at Blue Gap, Va, to the Niagara, the Gould yacht and back to New York again, but except for those moments when 1t fingered on Dustin Bar mum 1t never varied far from the butler s keys to the wine cellar. There was visible an attitude on the part of the defense, which in this trial of many surprises has been curiously shifted over to what is virtually the prosecution, to prove that Mrs. Gould was not only so frequently under the effect of intoxicants as to fall within the rulings of Justice Bowling that she must be proved an habitual drunkard before her husband can be jus tified for leaving her. but to prove that when she had been drinking her char acter underwent transformation for tbe worse.
 Delaney Nicoll formerly district attor- ney for the county of New York, and now counsel for the husband, was willing enough to adduce testimony that the wife was affable when herself, If only he could bring her good nature into contrast with testimony that tended to show her vio- lent abusive, uncertain in her motives and confused in her actions at those times when she was alleged to have been drinking. There was no abatement of her ordeal today and as the burden of iteration grew heavier she shrank yisibly and look of pain came into her eyes as if though she might have read or aeen such things, 1t was a new realization of them for her to hear them applied direct ly to herself with the weight of a sworn oath behind them. At other times she smiled broadly, shook her head in amused denial and several times stared the wit ness out of countenance
 Only once was there a break in the procession of footmen, buffers, chauffeurs. maids, walters and bell boys on whose testimony 1t Is sought to prove Mrs. Gould an impossible wife, and that was when MT. Nicoll called Melville E. Chap man, broker, who was a guest of the Goulds on their yacht the Niagara, dur ing several cruises in Che year 1905, and his narrative walked in the steps of oth- CTS. He had several times seen Mrs. Gould undeniably drunk, he testified. and led by MT. Nicoll, he described several aI- legged outbreaks with emphasis on che oVerDearlng manner Of the wife and the efforts of the husband to soothe and conciliate her.
 In the effort to discredit this witness MT. Shearn drew the ugly word black maiP' from MT. Nicol and became so much agitated at its application to his own conduct of the case that for some moments he was unable to continue his cross-examination. The court ruled the use of the word offensive and Mir Nicoll apologized for introducing it.
 The crowds of the curious at the doors of the court room continue to swell and as MT. Shearn has announced that he will call 50 or more witnesses to rebut the testimony of the defense 1t Is probable that the case will continue for another week or ten days To shorten it as much as possible Justice Bowling is holding court until o'clock daily instead of until 4, the usual hour for adjournment