Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-10
Trial of Capt, Shufeldt, Retired, Be-
fore Court Martial.
The DEFENDANT ENTERS HIS PLEA
Evidence Given Today by Attorney
John Sidney Webb.
APERS IN CIVIL SUIT

accused as to a stay of proceedings in
bar OF Trial and in demurrer to the charges.
the "ourt-martial convened at Washington
barracks for the trial of Capt Robert Will
SON Shufeldt. retired of the medical de-
partn1ent. United States army today began
the taking of testimony for the govern
nent.
Capt Shufeldt is charged with conduct
unbecoming an officer and a gentleman in
the alleged avoidment of paying alirnony
granted his divorced wife. Florence Audu-
bon. and in the further alleged violation of
an oath taken before the circuit court of
Montgomery county. Md
Capt. Shufeldt entered plea of guilty to
the first specification of the charge. in SO
far as it states that he was divorced from
his wife and in contempt of the orders of
the circuit court of Maryland. has failed
and refused to pay the alimony awarded
his former wife. To the words Ito the
scandal and disgrace of the military SER
vice. has willfully' t'failed and refused')
he entered plea of not guilty.
Upon the reading of the second specifca-
ton. which alleges broken promise on
the part of the accused as to his holding
himself at all times subject to the orders
of the circuit court. Capt. Shufeldt entered
a plea of not guilty. the same being entered
to the general charge.
Mr.. Webb Testifiex
Mr.. John Sidney Webb of the law firm of
Webb & Webb. who represented Mrs Shu-
feldt in her proceedings for divorce and ALI
mony against the fused officer, briefly
told of the suit for divorce and the decree
granting the same on the ground of adult
terry was submitted in evidence The wit
ness EHXt told of the efforts made by his
firm to collect the alimony and costs of the
divorce proceedings. He read copies of sew
eral letters addressed to the accused, cali
ing upon him for a settlement He met
capt. Shufeidt one day and asked him if
he intended answering the letters The cap
TAIN he SAID. replied No and further
that he had no attorneys, but they would
be forthcoming at the proper time
The mex; step. Mr.. Webb stated. was a
letter addressed to the adjutant general Of
the army complaining Of Capt. Shufeldts
failure to pay the alimony ordered by court
The latter was produced. and upon it was
an Endorsement by the accused. in which
he stated the $40 received by him each
month vas but sufficient to maintain his
present wife. thiee children and himself
in 4 manner becoming his position
Mr.. Webb referred to a letter addressed
by his firm to Gen. Miles commanding
the army. to the introduction of which
MI Alexander Wolf of counsel for the
accused objected. on the ground that to adj
nit letters written by law firms to individ-
uaiS. such as an army officer was permit
ting too broad a field of evidence. The
Judge advocate. Capt. Boughton, Withdrew
a.. dppii tASlnJldtlOn. II was
FOUND 1t did not come at any time into
the possession of the accused. Mr. VOLTS
oEJeSuon to several other documents of like
character resulted in their non-introduc;ion
by Capt Boughton.
Why did You not enforce the collection
or the alinony in Montgomery county2"
was asked of the witness by the Judge ad-
vocate.
and came into the District of Columbia
replied Mr.. Webb
Filing of Bill.
We next. continued the attorney for
Mrs. Shufeidt as witness. filed a bill in
the courts of the District of Columbia to
enforce compliance with the orders of the
Montgomery county court. The defendant
demurred and it overruIed. A peremp-
tory order 10 answer the action in five days
was issued by the court. April . Capt,
Shufeldt filed petition in bankruptcy. and
two days later pleaded in the equity case
the filing of the bankruptcy petition as
quashipg the action to enforce PAYMENT"
Mr.. Wolf objected to the Introduction OF
a petition made by Mrs. Shufedt to the
Montgomery county court. seeking pay
ment of almony. The court was cleared
Upon being opened it was announced the
objection was not sustained
Witness said that upon the petition a writ
OF ne eXeat was issued against the ac-
cused; he was served, taken to Rockville
and gave bond in the sum of $500. appear
ing later by answer The accused was
taken into custody. not forcible and was
released upon the filing of the bond.
Answer in Civil Court.
Captain Shufeldts answer filed in the
Maryland court July =, 1899 was also sub
nlitted and read. In the answer it was
set forth he did not leave the jurisdiction
of the court to escape the payment Of ali
mony, the decree of the court in regard 10
which was not complied with on account of
his inability to do so. 1t is the statement
in this answer that he would at all times
hold himself subject to the orders of the
court that forms the subject matter of
the second specification of the charge
against Captain Shufeldt, it being alleged
he has willfully resisted service from the
court in violation of the promise. fmmf-
nifty of his salary and the bankruptcy pro-
ceeGinSs instituted ~ the accused are also
mentioned in the answer. An attachment
for contempt of court issued against Can
tain Shufeidt was read
Mr.. Alexander Wolf here took up the in
terrogations on behalf OF the excuse and
conducted searching crosS-eXamination.
Court Costs Paid.
Questioned by Mr.. Wolf. the witness. Mr..
Webb. stated that Capt. Shufeldt had paid
total Of about 800 court costs in the court
of appeals of Maryland, had paid Webb &
NeDD attorney lees TO the amount of
about 800 and had paid almony in the
sum of $50 month during the tendency of
the original suit.
Mr. Webb said, however he was in the
case ito protect a woman who had been
grossly maltreated, to secure for her mon
ey that was needed and justly due and to
rid service for which he had the highest
respect of such a man"
Testimony was then given by William F.
Gather, a deputy sheriff of Montgomery
of the same county, relating to their con-
nection with the service of papers in the
civil suit Mrs. Florence Audubon, former
wife OF the accused officer told of her pres
ent income
To enable the judge advocate to properly
arrange the large number of papers in the
case an adjournment was taken until 10 30