The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-02
KANSAS news.
Evidence Indicates That Lieut..
Burbank Was Welded.
Testimony In LeaVenworth OFF,
GERS Annulment Suit.
MARRIAGE REGULAR.
Several Witnesses Stated That
Ceremony Was Performed.
Unlied to the Filipino Woman
Before a Notary Public.

annulment suit of First Lieutenant
Sidney S. Burbank against Mrs. Con-
cepciOn Burbank, formerly Vasquez,
was called for trial in the district court
Saturday. and a postponement was
granted until the October term of court
to afford time to bring the Filipino wo-
man here to defend herself The at
torneys, in an affidavit asking for a
postponement, stated that she was
ready to come If an opportunity was
afforded.
Lieutenant Burbank was in court
with two officers, lieutenants, whom it
as said were to testify for him. Many
OF the soldiers have been supoenae1,
including one who was the cook for
Lieutenant Burbank while he lived
with the woman. This soldier was sum
moned by the attorneys for the woman.
There was a sensation in court when
the attorneys for Lieutenant Burbank
read letter from z. Niedlinger, one
OF the attorneys for the W oman which
was addressed to the adjutant at Fort
LeavenWorth and stated in substance
that Lieutenant Burbank was trying
TO force trial without giving time to
prepare and Lieutenant Burbank was
not keeping his word to allow ample
time. The attorneys for Lieutenant
Burbank asserted that this was an ef-
fort to intimidate their client and that
the attorneys for the woman were in
sulttng the court and they demanded
that Mr.. Nfedlinger be removed as an
attorney in the case. Judge Gilpatrick
refused to remove Mr.. Niedlinger from
the case, but reprimanded him.
IN order to show the kind of defense
they would offer they submitted the
entire report of testimony and findings
taken by Major Frank L. Dodds, a
judge advocate, who conducted an in
VestigatiOn for the war department. 1t
was furnished the attorneys for the
woman through military channels au1
N in
with the motion and affidavit for a
continuance.
The first witness was Fernando
Mapa. The examination was in part as
follows:
Q.-what is your name and occupa-
ton?
A.-Fernando Mapa-doctOr of medi-
cine.
Q.-Do you know Conception vazques
this woman here?
Ayes.
DO you also know Lieutenant
Burbank of the Sixth United States in
fantry?
A-Yes.
Q.-was there a Legal connection?
A.-Yes.
Q.-Wnen?
Ain February or March, 1902.
married Them but I cannot exactly
remember the date. The ceremony was
in her house, near the plaza.
Q--Who performed the ceremony?
Al, Justice of the peace.
On strict accordance with law?
Ayes.
Q.-What form was used?
A.-Simply the usual questions as to
whether they would accept each other
as husband and wife. There was no
ring used in the ceremony as far as I
can remember.
Q.-Before this marriage, did this wo-
man live at her own house or Lieuten-
ant Burbank's?
A.-She continued at her own house
FOR ~
ding. She used to say that was be-
cause she did not like American cook
ing.
Q.-Has there ever been any question
as to the paternity of the child?
A.-No. Lieutenant Burbank has al
ways been regarded as the father. The
child was always regarded as legiti-
mate, and when the father went to the
United States the people used to Ie-
mark in my house that the poor girl
would have no husband to help her to
take care of the child,
Q.-What time of the day did the
marriage take place, and where?
Alt the house of the woman, be-
tween and o'clock in the afternoon.
Mr.. Burbank said that he chose this
hour because he did not wish it known
and that if anybody had said anything
about his being with this woman at
this hour of the day thu I should say
that they were DRAWN up some legal
papers. Lieutenant BIT rfank was init
mate at my house and nved there part
of the time. AS I remember, he said
he had an uncle in America, a very
rich man, and that he (Burbank) in
tended through his uncle to build a
railroad in Negros. He said that he
intended to live here and leave the
army and become a civilian. I do not
know why he wanted to keep the mar
rage a secret.
The next witness was Gabriel Villas
Q.--Are you related to Conception vaz-
CUES?
A.-No.
Q.-Do you know this signature?
Q-Were you present at the wedding Of
which this is supposed to be a certifi-
AYES. It took. place at the house of
Conception herself.
Q.-Were you present.
A.Yes, lived near by, and had the
Vicente Lachica testified:
Q.-Were you present at the ceremony
of marriage between Lieutenant Burbank
Ayes. 1 was secretary of the justice
Of the peace. I knew both of these people.
The justice of the peace exhibited a re-
quest and asked them the usual ques-
lions. She called herself Mrs. Burbank.
Vazques, the justice of the peace and the
witnesses sign this paper; then signed it
Fnemon Carol was then examined:
Q.-Were you present at the ceremony
this paper and signature2 Showing the
marriage register.
Al was present in January. 1902. at the
house where Conception Vazques was.
knew Lieutenant Burbank personally. ]
saw him sign this marriage register be
fore me. I also saw Conception sign it,
also Villalobos and also signed it my
MRS. vAzQUEs' TESTIMONY.
Conception Vazques then testified to her
marriage as follows;
0-Before your alleged marriage with
Lieutenant Burbank. was any formality
or legal papers necessary
A.-Eight days about or at least, before
we were married we procured a petition
70 the Justice of the peace signed by