The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-06-15
GOULD CASE RESTS
ONSOLE ISSUE OF
ABANDONMENT
Decision Partial Victory for
the Husband
CHARGE MAY NOT STAND
Plaintiff Must Show Husbands Stipu.
Iations for a Reconciliation Were
Unreasonable

New York, June abandonment
will be the sole issue upon which the
suit for separation brought by kath-
crime Clemmons Gould against her
husband. Howard Gould, third son of
the late Jay Gould, will be decided.
This ruling was made late today In
the Supreme court by Justice Downing
who is hearing the case, after counsel
for Mrs. Gould had rested the case Tor
the plaintiff This sweeps away sew
eral PHASES of the case-notably cru
city 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 plaintiff was able to show that
Howard Gould's stipulations for rec
onciliation was unreasonable.
After the case for the plaintiff was
rested, Delaney Nicoll for the husband
made tne usual motion to dismiss the
suit on the ground that the plaintiff
had failed to make out a case.
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 which he asked her to abstain
from Intoxicating liquors. Mrs Gould,
he continued, refused.
1t was this clause in the agreement
the husband has asked the wife to
sign before he would consent to live
with her again that Mrs. Gould most
strongly objected TO.
oh had aimad earlier
in the day, during cross-examination,
have me sign myself drunkard?
| Never"
Inasmuch as the abandonment
charge only is to be considered to-
day there will be no further mem
ton of Buffalo Bill, Big" Hawley, the
former convict, or Nd Sholes, the re-
puted gambler but it still leaves
open the question of Mrs Goulds in
diligence in intoxicants.
Whatever bearing the events of the
day will have on the ultimate decis-
| ion in the case, honors were about
even in the verbal battle between the
cross-examiner and Mrs. Gould
yesterday. Both sprung surprises.
The lawyers most pertinent and APP
parently embarrassing thrust was the
exhibition of faded, old fashioned
photograph of young woman sitting
whit 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 it was not.
She thought it was hardly fat enough
for me"
This picture was introduced to
show if possible Mrs. Gould's former
association with Buffalo Bills show.
She had previously denied on the
stand that she was in any way con-
nected with Wild West, though ad-
hitting 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 be
came of them. They were given away.
Mrs. Gould testified. One of them.
she snot in, was given to your own
sister who is on the stage have
aided many poor girls to get stage en-
gagements by equipping them with
my discarded gowns"
Did ii become her?" was Mr..
Nicolls only rejoiner.
AS was the case Friday a good part
of Monday was taken up in question
ing Mrs. Gould concerning her lavish
expenditures. How many gowns to
wear day how long it. 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
actor was again brought in and
George Gould told of how he had in
stituted an investigation to ascertain
the facts concerning an alleged mar
rage of the plaintiff before she be-