The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-11

The court-martial for the trial of Capt.
Robert Wilson Shufeldt, formerly of the
medical department, L. S A.. who is
charged with avoiding the payment Of
money to Florence Auderban, his divorced
wife, and alleged violation of an oath
taken before Maryland court as well as
conduct unbecoming an officer and a gen
tleman, reconyened yesterday morning at
the Washington Barracks.
Captain Shufeldt entered a plea ~ guilty
to the charge in so far as it stated his
divorce from his wife, and that he is IN
contempt Of the orders OF the Circuit Court
of Maryland, and has failed and refused
TO pay the alimony awarded his divorced
wife, Florence Audubon. He entered
! plea of not guilty 10 the specification Ito
the scandal and disgrace of the military
service. has willfully failed and refused"
He also entered plea of not guilty upon
the allegation of a broken promise on his
part with respect 10 holding himself subject
to the orders of the Circuit Court at all
times.
Mr.. John s. Webb. a member of the firm
of Webb & Webb, attorneys who were rep
resenting Mrs. Shufeldt in her divorce pro-
ceedings, testified as 10 the sui. for di-
rorce. He submitted in evidenc. the de-
cree, granting the divorce on the ground
of adultery, and testified OF the f'itile ef-
forts made by his firm TO compel DIR. Shu-
feldt TO comply with the order OF the court
and pay the granted alimony and costs OF
divorce proceedings. He produced a num-
Der of letters, which were addressed TO the
accused, asking him for a settlement. One
day, meeting Shufeldt he asked him
whether he intended TO answer his
(Webb's) letters, when Shufeldt replied
No Mr. Webb then referred TO letter ad-
dressed by his firm to the Adju.ant General
of the Army, complaining of Captain Shu-
feldt's refusal ia comply with the decree
of the court. On the letter. which was pro-
duced, endorsement by Shufe.dt, I
saying that s175 monthly salary Just |
sufficient to maintain himself and family in /
a manner becoming his Office and station.
To a question put b. the judge advocate !
why he did not enforce the collection of the /
alimony in Montgomery county, Mr.. Webb |
replied: Because the accused left the |
Jurisdiction and came into the District of |
Columbia" MIR. Webb then stated that
after Shufeldts removal into the District
his firm filed bill in The courts OF the
District of Columbia TO enforce a compile
ance with the decree OF the Montgomery
County Court. To this Shufeldt demurred
and the bill was oyerruled, but the court
issued a peremptory order TO answer the
action in five days.
Shufeldt filed petition in bankruptcy on
April 5. and on April he pleaded in
the equity case the fling of the bankruptcy
petition as quashing the action to enforce
payment. The objection OF Mr.. Wolf TO the
introduction of a petition made by Mrs.
Shufeldt TO the Montgomery County Court,
seeking payment OF alimony, was not sus-
tained.
Mr.. Webb testified that upon this petition
a writ OF ne exeat was issued against Shu-
feldt. The writ was served, Shufeldt was
taken to Rockville. where he gave bond
amounting 10 $500. Upon the filing Of the
bond. Shufeldt. who had been taken into
custody, was released.
In the answer of Captain Shufeldt, which
was filed in the Maryland courts July Z,
1899. and which was submitted, IL was
stated that Shufedlt did not leave the juris-
diction of the court to escape the payment
Of the alimony, but that he was unable TO
do so.
The subject matter OF the second speci-
fcation Of the charge against Captain Shu-
feldt is made up from his statement that
he would at all times hold himself subject
10 the ORDERS oil the Inc I
is that he has willfully resisted service
from the court. contrary 10 his promise.
Immunity OF his salary, as well as the ,
bankruptcy proceedings. was also men /
toned by the accused. II
To a question by Mr.. Wolf of counsel /
for the accused. Mr.. Webb stated the sums
Of money Captain shufeldt had paid in !
court costs, attorneys fees, and alimOny ,
pending the time of the original suit.
Messrs Gather and Jones. deputy sheT- {
ifs of Montgomery county, then testified {
their experience in connection
with the serving OF the orders on Captain
Shufeldt and his release al one time when
hey held him while he was within the !
boundaries of the District.
The divorced wife Of Captain Shufeldt |
hen occupied the witness stand and testi-
led as to her present income and financial
'esources. =
The court then adjourned until 1880 :
,'clock this morning, to enable the Judge
advocate 10 have the accumulated testi-
nony arranged and typewriter.