The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-21

Delaney Nicoll. counsel for Mr.
Gould, declared that on looking over
the testimony that had been presented
he had found it so replete with evi-
dence to establish the contention of
the defense that Mr.. Gould was justi-
fed in the separation from his wife
that he believed it unnecessary to call
any more witnesses.
Clarence J.. Shearn, attorney for
Mrs. Gould. told the court that Mr..
NicolFs announcement had taken him
bv surprise and that he had no wit
nesses at hand at the moment TO put
on the stand in rebuttal. With the
courts consent, however. he SAID, ne
would read the dispositions of wit
nesses taken in preparing the case TOR
trial. Mr.. Shearn at once proceeded
with the reading of these dispositions.
The deposition taken up by MI
Shearn was that of Mrs. Alice S.
Bankhead of Atlanta, Ga. wife OF
Lieutenant Henry McCaulley Bank
head of Fort Mcpherson. Georgia. who
visited Mrs. Gould on numerous occa-
sionS.
Mrs. Bankhead related in her depo-
sition the incidents of visit with
Mrs Gould, as the latter's guest, in
Cairo. Egypt, in 1902, when the party
visited the khediVe's palace. The
witness described Mrs. Gould s conol5
ton on this occasion as ''ladylike and
above reDroach." Mrs. Bankhead ac-
Commanded the Goulds on their yacht
from Cairo to Alexandria. mrs
G0uld's conduct was perfect and be-
vond criticism" on that trip, according
II Mrs Rankhead. Mrs. Gould was
ever intoxicated during this time. the
witness deposed. The witness stated
that she had visited Mrs. Gould at
Castle Gould and the st. Regis hotel
for neriods of several weeks at a time
and never saw her use intoXicants TO
excess.
Mrs. Gould never drank more than
cocktail before dinner and only
light wine with her dinner, not more
than the average society lady drinks.
s'What did you observe she would
drink at lunch time ?" was a question
asked by Mrs. Gould's counsel.
One Cocktail Before Luncheon.
Mrs. Gould would usually take a
cocktail before luncheon. but the ex-
tent of her drinking was not notice
able to me on account of her con-
duct g" the witness replied. She never
saw Mrs Gould drunk in the evening
and never saw her boisterous and
never heard her swear or use i'm
proper language The witness was
with Mrs. Gould in Chicago in 1907
and noticed nothing improper in her
conduct Mrs. Bankhead said her
daughter, Katherine, who was born
August 21, 1905, was named after
Mrs. Gould.
The deDOnenl Sdlu Nzpuiu NdS
"Dignified. refined and gentle and al
ways conducted herself in a manner
above reproach.'
In the cross examination on the
deposition Mrs Bankhead would not
swear that she had never heard Mrs.
Gould spoken of as a drinking woman"
She said that Mrs. Gould had never
spoken to her but once about Dustin
Y.arnum, the actor, and had then told
sti:er that their names were not linked
together" in any improper way.
Mr.. Shearn next read the deposition
of Lieut.. Bankhead. The witness said
that he was the son of Senator Bank
head of Alabama. and had entered the
army in 1898. The witness testified in
regard to the various visits of him
self and wife 20 the Gould estates and
at hotels in this city. He had never
seen Mrs. Gould intoxicated or observ-
sd her conduct to be unladylike.
The witness deposed he had never
seen her drink more than any of the
guests at dinners.
On ss-examination Lieut. Bank
bead was asked
"As man or army officer, would you