Evening star., 1909-06-26

| SepdTdtSu. |
NEW YORK, June o6-When Mrs.
Viola Katharine Gould was asked last
night what she thought Of Justice Dow
ling's award of $500 a year alimony in
her suit for separation from Howard
Gould, she smilingly replied:
''Oh, 1 guess I can rub along somehow
on $1CO day.
This amount of alimony was fixed, the
court told Mrs. Gould's lawyer, on the
assumption that Mrs. Gould would not
return to the stage. If she should, the
court said, an application by Howard
Gould's counsel for reduction OF the
alimony would be entertained. Whether
or not Howard Gould will appeal is
moot question. Preliminary steps to en-
able him to take an appeal were taken
as soon as Justice Dowling had con-
cluded his decision, in the shape Of OBJ
tanning a sixty-day stay of judgment.
If such an appeal should be taken Mr..
Shearn will probably file a cross-appeal.
1t was reported, asking for more all
mony.
The end Of the case was reached just
before 3 o'clock yesterday afternoon. Su-
preme Court Justice Bowling. In an oral
decision which took some twenty minutes
to deliver, held that Howard Gould was
not justified in abandoning his wife July
Ii. 1906.
Holds No Proof Was Given.
In brief Justice Dowling found that no
proof had been given that Mrs. Gould
had been guilty Of gross and habitual
intoxication or undue indulgence in in
toxicating liquors. and, further. that the
allegations of improper conduct with
Dustin Farnum, the actor, furnished no
justification for abandonment, because
the episodes testified to in this connec-
tion took place after the desertion of
Mrs. Gould by her husband. ant, so fan
as the testimony showed. had not been
objected to by Mr.. Gould.
OF Mrs. Goud's meetings with Far
mum, the court said she might have been
more discreet in this respect, and, al
though he could not make the finding
that Farnum was seen coming from the
room of Mrs. Gould early one morning
at the Bellevue-Stratford Hotel in Phila-
delphia, he would not question the good
faith of the two floor clerks who were
responsible for the testimony on which
this allegation was built up.
Justice Dowiing made it plain in the
first few sentences that the would decide
for Mrs. Gould When he had finished
and the lawyers had made the usual for
NAL applications, including one by Mr..
Nicoll for a stay of judgment pending
appeal and an APPLICATION by Mr.. Shearn
ward to where Mrs. Gould sat, and every
one seemed anxious to shake her hand
and congratulate her. Mr.. Shearn was
the first to do this.
II knew we would win," she said,
grasping her lawyers hand. Both were
smiling, and it was hard to tell which
was the better pleased. Then a court at
tendant pressed forward. and, shaking
Mrs. Gould's hand, said
Il congratulate you; we all sympathized
urit along -
Thank you" she replied. but l
wanted, vindication. That's why l in
sisted upon public trial"
In the meantime Howard Gould had left
the courtroom. He had sat quietly all
through the courts long talk. his face
showing that he realized what was COM
ing as the justice proceeded He would
not comment on the decision.
Happy Because Vindicated.
Mrs Gould also left the courthouse
practically unnoticed There was no dem
onstration. Entering her automobile,
she was driven to Mr.. Shearn's Office,
where later she gave out this statement
to the reporters:
Il am the happiest woman living to-
night. because l have been so completely
vindicated before the entire world of these
horrible charges. Not one little pang shot
through my heart at the smallness of the
allowance-only supreme joy and the
deepest gratitude to Judge Dowling ana
Mr. Shearn, reign in my heart tonight. l
send a thousand loving thanks to all who
have helped me. and l especially wish to
thank the press for the kindness and
courtesy shown me during the trying Or
deal"
Mrs. Gould announced that it was her
intention to return Immediately to the
Blue Cap farm, at Lynchburg, Va. which
played a CONSPICUOUS part in the trial.
and there take long rest.
Mr.. Shearn said he was very happy over
the result, which he considered a COM
plete vindication of Mrs. Gould This,
he explained, had been the sole object Of
the litigation. 1t is known that an offer
Of at least $4,000 year was made to
Mrs. Gould to prevent a public trial, and
it is said that she could have obtained
81, 100000 cash to agree to this. On this
point Mr.. Shearn would say nothing ex-
cept that his client could have compro-
missed for a fortune at any time. but re-
fused to do so because she wanted to clear
her name in public.
Asked concerning the size Of the award,
Mr. Shearn said:
"Oe course, l was disappointed that
Judge Bowling did not allow at least one
tenth of Mr.. Gould's income. but there
was no precedent to go by. and Judge
Bowling did what he thought right"
Mr.. Shearn explained the legal aspects
party free to sue for an absolute divorce
at any time, but that Mr.. Gould could
not base any such suit on any charges in
volved in the present. case. The decree
will not affect Mrs. Goulds dover rights
in her husbands S3,0G0,000 worth of real
estate.
Mr. Shearn Is sailing for Europe We'd
nesday. and will join William Randolph
De Lancey Nicoll. who is also sailing for
Europe Wednesday. declined to say any
thing.