, 1886-07-31

ht AOait " 'afN 49, 1870
row is president and Capt. Epstein re-
corder, which has heretofore met at Chey-
emit depot, convened at the court house
Yesterday at 10 o'clock a. m, in accord
snce with the order from department
headquarters approving the change.
All the members of tho court were
present, also the accused, Lieut.. Nc
Blain, and his counsel, MI. Stoll.
The record of preceding session was
read and approved.
Counsel for the accused objected to GER
tain testimony given by Mr.. Rafferty,,
father of Mrs. McBlain. The court de.
clined to sustain the objection.
Mr.. Rafferty, being recalled by the
Judge advocate, testified to the marriage
Of his daughter to McBlain in 1878; that
the latter went to California SCOT after;
hat he at first contributed to his wife's
support, but hat since 1884 he had failed
to do so. Neither Mr.. Rafferty, nor his
daughter knew of the divorce proceedings
until a copy of the decree was received by
mail.
Counsel for the accused then stated to
the court that certain letters and docu-
ments needed in the cross-cxamination Of
Mrs. McBlain would not arrive until to-
morrow, and the court consented to a
postponement of the cross examination of
the witness.
Counsel for the accused made a request
that the government send for W. j. Nc
Blain, of Philadelphia. brother Of the &C
cuscd. Beng unwilling to state the exact
facts he expected to prove by that person,
the counsel withdrew his request, intimat-
ing that the defense would send for the
witness. Counsel for accused asked for
an order upon the judge advocate for all
letters written by j. F. McBlain from
California to his wife in 1878, also for all
letters written by him to his wife from
Jan. l to Oct. 80, 1882.
The court declined to grant the request.
Adjourned to l O'Clock p. M, July 81.
Among the letters produced by the
government in this case is the following;
Fort RILEY, Kan, Oct, 80. 1887
AIRS. S. j. McBlain: | am obliged to
write this letter to give you a correct idea
why [ consider it to the best interest of
us both that we should be divorced.
You fully understand what our social po-
sitions were, and that l by my own efforts
have raised myself to the position of a
commissioned officer of the United States
army. | have drawn myself up to the
plane of social equality so requisite in the
service, and l hoped that | might raise
you with me; but in this | find myself
mistaken. Now if I was to bring you
into the garrison the result would be that
you as well as myself would be socially
ostracized. What a life this would couse
us to lead | leave TO your good sense to
imagine Your scanty opportunities for
social and intellectual improvement would
receive no consideration by the code,
but social etiquette would be rigidly en-
forced and | would not under any circuIn-
stances outrage garrison harmony by in
Producing into it an element of discord in
the person of a wife who was socially in
ferior to the ladies Of the garrison. Then
again, the fervent love | entertained for
you has been absolutely destroyed by
your unwifely conduct toward me, by
writing TO a total stranger to you about a
matter upon which YOU should have con-
suited your husband; and again in lend
ing your aid to a treatment of me that
was unwarranted and unjust.
| now allow you $35 per month; you
can institute proceedings for a divorce
and have this amount made a monthly
allowance as long as you remain unmar-
ried. You need have no fear OF your not
getting it regularly, for even if | was dis
posed to, dare not disobey the court mar
tlal. The present very unsatisfactory con
dition Of our domestic affairs can in this
way be amicably adjusted and you will be
as well provided for as you are at present.
Our living apart is a matter of all time to
come; for | cannot live with a wife whom
| cannot love, and | cannot bring you into
a garrison to live.
Signed JOHN +. McBLAIN.