Arizona republican., 1909-06-15
THE ONLY ISSUE IS ABANDONMENT
A REPUBLICATION OF THE GOULD
 SUIT.
The Plaintiffs Cutting Reply to Her lnquisitor.

New York, June 14.-Abandonment will be the sole issue in the suit for separation brought by Katherine Clem- mons Gould against her husband, Howard Gould That announcement i 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 several phases of the case notably. cruelty and non-support, and is q 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 stipulation for reconciliation was unreasonable. This phase will be argued tomorrow.
 Developments today were perhaps the most interesting in the trial. Geo. Gould. brother of the defendant, tes- tified and Mrs. Gould was excused from the stand after three days of a searching cross examination.
 After the case for the plaintiff was rested Delaney Nicoll. for the husband. made the usual motion to dismiss the suit on the ground that the plaintiff had failed to make out a case There have been no evidences of cruelty" he argued. "One of the allegations is that the plaintiff was surrounded by spies. Nothing has been adduced to prove it. Referring to the abandonment charge, he said Howard Gould left his wife in July, but offered to return on perfectly reasonable terms, among other things her abstentation from intoxicating liq- uors. Mrs. Gould. he continued, re- fused. During the arguments Mrs. Gould became faint and left the room.
 Her counsel, Clarence E. Shearn, ar gued against a motion to dismiss. Tt is cruelty" he affirmed, for husband without justification to accuse his wife of being a bad character. or to enter tain against her without cause reflec- tions against her honor"
 Inasmuch as the abandonment charge only is to be considered tomorrow, there will be no further mention of Buffalo Bill, Big" Hawley, the former convict, or Ed Sholes. the reputed gambler But it still leaves open the question of Mrs Gould's indulgence in intoxicants.
 The lawyers most pertinent and ap- parently embarrassing thrust was the exhibition of a faded, old-fashioned photograph of a young woman on a white horse, with the white canvas Of a circus tent in the background. Mrs. Gould turned dull red as it was shown but she would not identify the photo graph as one of herself, nor would she swear it was not She thought it was hardly fat enough for me. This pie ture was introduced to show If possible Mrs. Gould's former association with Buffalo Bili's show.
 In retaliation for the picture incl dent, Mrs Gould made one cutting re- tort to her inquisitor. Nicoll had been asking the witness about the gowns, how often she wore them, and what becafne of them "They were given away" Mrs. Gould testified. "One of them.v she said, "was given to your own sister. who is on the stage. have aided many poor girls to get stage engagements by equipping them with my discarded gowns
 Did it become her?' was Nicolrs only rejoinder
 The name of Dustin Farnum was again brought in and George Gould told of how he had instituted an in vestigation to ascertain the facts con corning an alleged marriage of the plaintiff before she became his broth CTS wife.
 George Gould said his fathers es- tate had never been formally divided among the children. Howard Gould was entitled to one-sixth of the es- tate under will. The estate of his father was valued at approximately sSO, ,OO0, ,O9O In January, 1906 MT. Gould testified that Towards in- come was about $770,00O, and had not varied much before or since.
 Howard Gould followed his brother on the stand. He said he considered his property outside of the Jay Gould estate worth sS,0D0, GOO or s1O,000, 900. This was independent of the income left by his father.