The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-06-15
ABANDONMENT
NOW THE ONLY
ISSUE IN CASE
Catherine ClemmonS Gould Did
Not Prove Cruelty and
Non-Support.
PLAINTIFF GOT BACK
AT HUSBANDS LAWYER
ASKED WHAT BECAME OF THE
GOWNS, SHE REPLIED SHE
GAVE ONE TO HIS SISTER.

New York, June 14-Announcement
that abandonment will be the sole is
sue upon which the suit for separation
brought by Catherine Clemmons Gould
against her husband, Howard Gould.
was made late today in the supreme
court by Justice Bowling, after counsel
for Mrs. Gould had rested the case for
the plaintiff. This sweeps away sew
aral phases of the case-nOtably cruel
ty and non-support. and is a partial
victory for Howard Gould
As to the charge of abandonment, tho
court held that this too, might not
stand unless the plaintiff was able to
show that Howard Gould's stipulation
for reconciliation was unreasonable.
I This phase will be argued tomorrow.
Developments today were perhaps ths
most interesting in the trial. Georgs
Could, a brother Of the defendant. ties
titled, and Mrs. Gould was excused
from the stand after three days OF
searching cross-examination.
Motion to Dismiss.
After the case for the plaintiff was
rested Delaney NicoTl, for the hus-
band, made the usual motion to dismiss
the suit on the ground that the plain
tiff had failed to make out case.
There have been no evidences of
cruelty he argued. lone of the allie
cations is that the plaintiff was sur
rounded by spies. Nothing has bee.
addUced to prove it,"
Referring to the abandonment charge.
he said Howard Could left his wife in
July OF 1906, but offered to return or
perfectly reasonable terms, among 9th
eT things her abstention from intoxicat-
ing liquors. Mrs. Gould. he continued,
refused.
During the argument Mrs. Gould be
came faint and left the room. Her
counsel. Clarence Shearn, argued
against the motion to dismiss.
1t is cruelty he affirmed, for a
husband. without Justification to ac-
cuse his wife Of being a bad character
or 10 entertain against her without
cause reflections against her honor"
Sensations Shut Out.
Inasmuch as the abandonment charge
only is to be considered tomorrow, there
will be no further mention of Buffalo
Bill, Big Hawley, the former con
Wet OF I'd ShOles. the reputed gam
bier But 1t sull leaves open the ques-
ton of Mrs. Gould's indulgence in in
tOXicants.
Whatever bearing the events OF the
day viii have on the ultimate decision
in the case. hOnOrs were about even in
the verbal battle between the cross-ex-
amlner and Mrs. Gould. Both spraug
surprises. The lawyers most pertinent
ana apparently embarrassing thrust
was the exhibition Of ii faded. old-fash-
Toned photograph of a young woman
sitting on a white horse. with the white
canvas of a circus tent in the back
ground Mrs. Gould turned d duh red
/ as it was shown. but she would not
/ identify the photograph as one of her
self, 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 asso-
citation with Buffalo Bits show.
Mrs. Gould RetaIiates.
In retaliation for the picture incident
Mrs. Gould made one cutting retort to
her inQuisitor. Mr.. Nicol had been
asking the witness about the 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. have aided many poor
| girls to get stage engag ements by
/ equipping them with my discarded
gowns"
Did it become herr" was Mr.. NicOll's
/ only rejOinder.
/ Much of the day was taken up in
/ questioning Mrs. Gould concerning her
; lavish expenditures. How many gowns
/ to wear a 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 was
again brought i'm, and George Gould
/ told of how he had instituted an inves-
! tigation to ascertain the facts concern
! ing an alleged marriage of the plaintiff
/ before she became his brothers wife.
Special Police Measures.
] So large a crowd gathered at the
/ county court house today to attend
I the trial that special police measures
( were necessary to preserve order. The
! Continued on Page 7.