Evening star., 1909-06-15
CALLED HIM NAMES DR. F|SHBURN DEAD
Caretaker MaNoy Says Mrs. Typhoid Fever Is Suddenly
Gould Was intoxicated Fatal to Pastor.
TESTIMONY IS ADMITTEDIEND WAS NOT EXPECTED
Shearns Objec- Rally Last Saturday Had Given
tion Not Sustained by Court Physicians Hope. a. j.,
ABANDONMENT NOT JUSTIFIED WAS FIFTEEN DAYS
Drinking Counsel One OF Cys Prominent Cgymen
cares Makes doulds Pleasant
Reprehensible." Congregational Church s.
Caretaker MaIIoy Says Mrs.
Gould Was Intoxicated.
TESTIMONY is ADMITTED
Counsel Shearn's Strenuous Objec-
ton Not Sustained by Court.
ABANDONMENT NOT JUSTIFIED
Wife Drinking, If True, Counsel De.
clares, Makes Gould's Action
"the More Reprehensible."

NEW YORK, June 15.-Attempts to in
troduce evidence tending to show that
Mrs Howard Gould was addicted to In
toxicants was vigorously resisted by Clar-
ence ]. Shearn, counsel for Mrs. Gould,
when her suit for divorce and alimony
came up today. Maurice Malloy. super
intendent of the Castle Gould estate, was
asked at what time 4e had found Mrs.
Gould under the influence OF liquor at
Castle Gould. Before he could reply Mr..
Shearn interposed with the declaration
that the charges of drunkenness. even II
true, made Mr.. Goulds abandonment of
his wife the more reprehensible.
Despite the objections. however. the wit
ness was permitted to testify that Mrs.
Gould was under the influence OF some
form Of intoxicant on one occasion about
the middle Of July. 1905. when she sent
for him and excitedly reproved him for
neglecting the adjustment OF some OF the
house furnishings properly.
There were further objections from Mr..
Shearn, but Malloy told Of other occa-
sions when. in his opinion. she was under
the influence Of intoxicants..
Abandonment the Only Charge.
upon which the suit for separation rest
ed when the hearing of the case was
resumed today. The charges of cruelty
and non-support, which were part or
Mrs. Goulds original complaint, having
been stricken out by Justice Bowling at
the motion of counsel for Mr.. Gould to-
days evidence was confined 10 thal
bearing on abandonment only
Under the ruling of Justice Downing
Howard Gould was given permission TO
present evidence to support his charges
of intoxicants. and that she had hu-
inflated him before his guests
Gave Gowns to Actresses.
Before the resumption of the case today
a letter from Mrs. Charlotte Nicoll Wes-
ton, sister Of De Lancey Nicol, MI.
Gould's attorney, was given out denying
that Mrs Gould had 3iven her dress.
Mrs Weston said she had never seen
Mrs Gould When the letter was shown
to Mrs. Gould she said:
II did not give the gown to her per
sonally. but she was one of the actresses
who received a box of gowns that l sent
to one of the theaters"
Maurice Malloy, superintendent of the
ness today, called in the interest of Mr.
Gould. Mr.. Shearn. for Mrs. Gould, OBJ
jected to some of the questions asked him
by Mr.. Watson, associate counsel for MI
Gould. but Justice Bowling ruled that 1t
was proper to have the habits of the
plaintiff. Mrs. Gould, proved. Malloy said
he was given control Of the Castle Gould
estate.
Gould?'
yes, 1 went on the Kaiser Wilhelm
der Crosse with Mrs. Gould and Mr. Sells
February 6.
How soon after you went to Castle
Gould did you see Mr.. and Mrs Gould on
the estatec"
early in June. 1906"
What was the first conversation you
had with Mrs. Gould at Castle Gould?'
There was an objection to this ques-
tion which the court sustained.
AT what time at Castle Gould did you
find Mrs Gould under the influence Of
intoxicating liquors?"
Counsel Shearn Objects.
VI object" said Mr. Shearn, ''and 1
want to argue this point. If the state
ments show that she was under the in
f1uence Of liquor it would not give him
any justification for abandonment" Mr.
Shearn then cited several authorities and
a number Of precedents. and there was
considerable argument on the question.
Mr.. Shearn declared that even if the
charges against Mrs. Gould were true
they could not furnish him with ground
for separation. drunkenness it has
been held has never justified abandon
ment." said Mr.. Shearn. Instead OF
drinking on the part of his wife making
his abandonment more reasonable. it
makes it but more reprehensible."
Malloy. however. was permitted to tell
of various instances when, he said, Mrs.
Gould was intoxicated.
About the middle Of July. 1906. Mall
10y said there was day when he could
positively state that Mrs. Gould was
under the influence of some form of in
toxicant. She sent for him and excited
ly reproved him for neglecting to adjust
some Of the housefurnishings properly
Called Him Insolent Puppy.
Later Malloy was allowed to tell of
other occasions when Mrs. Gould. he
said. applied abusive epithets to him.
She was under the influence Of intoxi-
cants. in his opinion, on these occa-
sions, he stated. These were for the
most part after the separation of Mr..
and Mrs. Gould. the court holding that
proof could be offered of continuing con-
ditions which would constitute the rea-
son for the husband declining to live
with his wife ALIEN" and .insolent
puppy" were some of the epithets Malloy
testified Mrs. Gould applied to him.
On Ooss-eXamination Mallov was asked
If he had not pressed Mr.. Gould for
renewal of his contract as manager of
Castle Gould. with increase in salary
to $4,000 a year, about the time Mr. and
Mrs. Gould separated. Malloy stated that
he had made such an effort when Mrs
Gould had informed him that he was
discharged, and he wanted TO be sure of
his status with his employer. He now
had contract with Mr., Gould at the
ten-thousand- -dollar-a-year rate That
fact did not influence his attitude toward
the principals in the present suit, he
said.
Malloy on redirect examination gave
a long list of estates by which he had
been employed in England. and described
his duties at Castle Gould. which were
indicated as multifarious and responsible
1t was sought to show by this that the
compensation he received from Mr.. Gould
was not excessive
Malloy mentioned an occasion when he
said Mrs. Gould reprimanded him and
then walked away. saying her walk was
unusual and that she fell against the
window and ''ricochetted against the BAN
ister." He said she had only little
while previously ordered him to go out
side and then had told him to come and
sit on q lounge beside her.
At this point Mr.. Shearn interposed
with a motion to have .all that stricken
out except alien and 'insolent puppy"
creating a laughter in which Mrs. Gould
Joined.