The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-06-22
COULD DEFENSE
RESTS It's CASE.
Husband Fails to Take Stand
in Divorce Trial.
REBUTTAL EVIDENCE GIVEN

Witnesses for Plaintiff, in Person and
by Deposition, Declare That Mrs.
Gould Always Acted "Ladylike and
Above Reproach" and That She
Never INDUCED in lntoxicants ito
Excess"
New York, June 22.-When Justice
Bowling opened court for continual
ton of the trial of Katherine Glenn
mons Gould's suit for separation and
~ alimony allowance of $25O,OOO a
year the defense sprung surprise by
announcing that they rested their
case. Delaney Nicoll, counsel for
Howard Gould, declared that on look
Ing over the testimony which had
been presented it was found so re-
plete with evidence to establish the
contention of the defense that Mr.
Gould was justified in the separation
from his wife it was unnecessary to
call any more witnesses. Clarence J.
Shearn, attorney for Mrs Gould, told
the court that Mr.. Nicoll's announce
ment had taken the plaintiff by sur
prise and that they had no witnesses
at hand to put on in rebuttal. With
the courts consent, however, he said
he would read the dispositions of wit
nesses taken in preparing the case for
trial. Mr.. Shearn at once proceeded
with the reading of these dispositions.
The deposition first taken up by
Mr.. shearn was that of Mrs. Alice S.
Bankhead Of Atlanta, Ca, wife of
Lieutenant Henry McCaulay Bank
head of Fort Mcpherson, Ca, who
visited Mrs. Gould on numerous occa-
sions. - ~
Mrs. Bankhead related in her depo-
sttiOn the incidents of a visit with
Mrs. Gould, as the latter's guest, in
Cairo, Egypt, In 1902, when the party
visited the khedives palace. The wit
ness described Mrs. Gould's conduct
on this occasion as "ladylike and
above reproach." Mrs. Bankhead also
related her visits to Mrs. Gould on
numerous other occasions and never
saw her use intoxicants to excess.
Always Decorous and LadyIike.
Mr.. Shearn next read the deposition
Of Lieutenant Bankhead. The witness
said that he was the son of Senator
Bankhead of Alabama and had en-
tered the army in 1898. The witness
testified in regard to the various Wis
Its of himself and wife to the Gould
estates and at hotels in this city. He
had never seen Mrs. Gould Intoxicated
or observed her conduct to be in
decorous or unladylike. Her conduct
always had been proper in every re-
spect, the witness deposed, and he
had never seen her drink more than
any Of the guests at dinners.
William F. Murphy, an automobile
broker, who said he had charge of the
private garage of Castle Gould from
September, 1900, to April, 1902, testi-
fed that he frequently drove Mrs.
Gould about the estate when she was
giving instructions to the various
heads of departments He never
heard her curse or swear at any of
the employees and never saw her when
she showed "any sign of being under
the influence of liquor"
Jacob Cocks, resident of Port
Washington, who said he had done
general bodybuilding, carting, ETC., for
Mrs. Gould at Castle Gould from 1901
to 1905 and sometimes met her to get
orders as often as three times a day,
testified that during this fve-year
period he had never seen Mrs. Gould
intoxicated or heard her use abusive
language. ~.... IT,
Thomas J. Jones, who was Mrs.
Gould's private secretary at Castle
Gould and the st. Regis hotel in 1904
and 1905, said that Mrs. Gould die
tated letters to him each day and that
he never saw her Intoxicated or heard
her SWEAR