New-York tribune., 1909-06-26
MRS. GOULD WINS SUIT
GETS $4,000 4 YEAR.
Former 4ctress Happy at P'ndlcd
ton from Husband s Charges.

!
Justice Dowling. of the Supreme Court decided
IN favor Of Mrs Katherine Clenmons could yes
terdav in her suit for separation from Howard
could The Court fixed Mrs. GouG's alimony at
s36 GO wear Although this amount is the largest
alirlonv allowance ever made IN this state 50 Tar
as known. it is Just $4,000 less than Mrs '1ouu
asked for in her suit and only $1,000 more than she
has been receiving in alimonv while the aouon va
rard+nr In fact Mr. Gould offered his wife S5''''
= wear when the suit brought early IN l''''
but she refused it.
Justice Dov.ling stipulated that If MIS- IolI1
should return to the stage -Slr- lIoud ny 80
steps to reduce the allowance The amount .lAsu ~
bv him was in his opinion large enough 10 Keep
her. without the necessity Of labor It,
When Tus+fce DowlinE had finished delivering MS
lengthy opinion from the bench, III NhlIH iie ~
z.irdicated the former actress Of the charges "-
eroes and habirual intoxication between I%z anu
1871 friends and former servants VINO had oset 7t
witnesses for Mrs. Gould overwhelheo hel w W
congratulations She radiated with haPPineS
her victory. 4 reporter asked her II s-Ie 'i19
thor She could live on the $36 90 allowance.
oh. guess that can run along on SO" day
she replied 80
Justice Doulirg granted De Lanoey Nicol couh-
sci for Gould stay of thirty days and thirty dayS
800 +o nerfact q case for appeal Il is inlproo-
able however that either side will appeal from te
decision Of the Court
While exonerating Mrs Gould of the intox!cauon
charges he said in regard to her meetings WI"
Dustin Farnunn. the actor. WhlCn Ildu u0- 90 ---
portant phase OF the defence that she rnlGr' lld'
been more discreet AS to the Farnum eplSoUsS'
the Court ruled they furnished no jusuhcd'loH L''
the abandonment. which was the ground tor ,He
separation suit because they took place aller 'iie
abandonment
The Court said that the testimony showed that
the defendants desertion OF his wife in July 1870
was without adequate justification and was Win
out justification in any degree" said Justice DOW
ling regarding the Farnum feature Of the case
Some OF the testimony with respect to these
furnished justification for separation II ne ts
the defendant had objected TO his wife meeting
this witness Farnum. OF that OF course, L9e[e @ Is
r o6ected a to hem or Sought to prevent their
conting3nce while il is true that they transpired
at a time when the defendant had deserted The the
R5 red felt the need 6f Sympathy and Of aid i would
seem as though she might nave 6eeR Nm NO. and nave
avoided the differences that must inevitably have
innocent her relations might have been
Referring TO the lntoxication allegations and the
testimony given al the trial BY about I5o Wit
nesses in support Of and against these charges.
Justice Bowling said that the case vas barren of
anv satisfactory proof Of undue indulgence IN IN
ro1icating LIQUOR on the part Of the plaintiff
Coming to the question of allowance Justice Dowl-
ing said
With respect to that the situation Is ditaeqt 5t.
The defendant Is man man % - M a5s and 5' Wriie
he has lived well and upon a scale betting his
plsn a and r has not 6ern disputed that told
her A. the time Of their marrass 'eaI o nT .i11 ia
any one year and did not propose to do SO in the
mulated a private fortune. partly al least the re
suit II sayinS from his annual income, ana II IS
10 DISPOSE OF the defendants property The cor
which presents itself Of determining such sum as
would be adequate and fair 70 pF3yd9 t3T me ths
plain-N having In view the means OF the de
feRdant as "e as Their prior mode Of 5e o., na
@ IF IS b @ a as ss P Ne
ner an sae4naIe @ad PoPPe e ,,s So ersbIe him
70 give tho command Of the law Is satisfied
The Court added that at time Mrs Gould re-
cefved go 90 month. out of which she betrayed
certain expenses OF castle Could. After the sep
aratlou Could paid her $500 month for short
time. and then the Court allowed her 5000 year
pending the outcome OF the suit He added that the
Court could make no substitution for the Injuries
Mrs Could enjoyed while living with her husband
could the Court provide her With yacht or the
means for keeping q yacht
Justice Dov,Iing said II must also be remembered
that Mrs. Gould received equivalent Of large
sums OF money IN icvelry amounting TO So GO
shortly after the separation He said that he could
do no more than award Mrs Gould a sum which
will enable her live IN comfort and ease and
with dignity beftting her station the wife OF the
defendant" The Justice expressed HIS embarrass-
ulent in the treatment OF this subject. the rules
. applying allowances given in ordinary matri-
n1onial actions did not apply.
Mrs Gould told the stand that her object in
seeing Farnum TO discuss plans for her return
to the stage. Justice Dowling said he had no idea
that Mrs Gould had any intention OF doing so
The Court allowed Clarence J Shearn an addi-
tionaI fee OF 500 The latter said after the trial
that Mrs. Gould could have settled the case for "a
fortune" but would consider nothing but public
. trial and vindicaton
Mrs Could. who IS going back TO her farm in
Virginia 70 rest said she happy over her vim
dicauon fro5a the horrible charges made against
+ her.
The early part Of Yesterdays session taken
up with cross-exa amination Of Mrs Gould by Mr
NiColl. which briefer than was expected The
plaintiff repeated that she was never intoxicated
Mr.. NicolI said that she met Farnum nineteen or
. twenty times. Mrs Gould said that Of these
were accidental meetings. others to talk over
her theatrical plans and the rest OF a bust
. ness and social character. Mrs Gould said she
admired Farnum and continued to admire him. but
denied that she had any affection for him.
MIMIC WAR AT SALEM CENTRE