The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-11

together as husband and wife, public
Lly and. notoriousiy, the defendant be-
ing treated before the public and in
troduced- to all visitors at the house
where plaintiff and defendant were liv-
ing together as the lawful wife of the
plaintiff; that the defendant went to
live in the house which the plalntlfE
rented for their use and which house
was made the home Of the plalnt1H
and of the defendant until the plaintiff
was ordered away from Valladelid to
Iloilo, Panay, on or about the 3Oth day
of April, 1902, with q, view to his en-
barking with his regiment for the
s'That as a result of the marriage the
defendant on the 29th day. Of December,
1902, gave birth to a daughter, of which
Sidney S. Burbank is the father, which
child is still alive. It's birth was duly reg
'istered according to law in the municipal
THE defendant AYERS that she expected
and was led to believe that she was to
States; that the defendant came to Hoilo
Panay, and Joined the plaintiff eight
States; that the plaintiff excused himself
then, saying that he would return IN a
few months and that he would resign his
position in the United States army ana
make his future home in ValladeIid,
where, as he alleged, he was going TO con
struct railroad with the aid or ms
uncles capital the plaintiff arguing, also,
that it would be useless for the defendant
to accompany him to the United STATES
on account of his short stay there.
THE defendant further AYERS thaI
charges of the plaintiff against her char
acter and relations to him and to other
Americans are deliberately false and
made for the purpose of abandoning his
lawful wife and child. The ofense which
the plaintiff has given to the reputation
and pride of the defendant by denying his
veals either pPemeditated fraud upon
her who became his wife in good faith,
or a most false and faithless heart
The defendant AYERS that at various
times during the months Of April and
May 1902, the plaintiff wrote letters to
the defendant, when temporarily absent,
in which he addressed her as Most be-
loved wife of my heart, Beloved Wlfe OF
my heart My beloved wife and in 9th
er similar terms; that the word used by
the defendant in all cases for the word
wife was the 'espOsa,' a word in the
Spanish language that has no other
meaning than that pertaining to the
purest relation of lawful wedlock.
The defendant further shows that
when the plaintiff left his regiment for
the United States about May 20 1902, he
sum of 200 pesos. Mexican money, equIva-
lent to 500, or a little less, American
his intention to return Ia f1ve months,
that since that time the defendant mas
to insure the delivery of her letters she
has had them registered in the postofice;
that she has received regular return
card usual In such cases signed by me
plaintiff or by some one for him; that the
plaintiff has never replied to any of the
defendants letters or sent her any money
for the support of herself and the child
of the plaintiff and defendant; that it was
only by accident that the defendant heard
about eight months after the departure Of
the plaintiff with his regiment for the
United States, of the intended marriage
of the plaintiff to undoubtedly an unsus-
pecting and deceived woman in the Uni
ted States, and that on this last account
the defendant took steps to ask the aid
of military authorities in protecting the
rights and status of herself and child.
1.-THE defendant further AYERS that of
the right She and the child of her mar
riage with the plaintiff should be support
ed by the plaintiff according to her posi-
ton and past habits as well as according
to the ability of the plaintiff, and that in
of these circumstances, an
allowance of $50 American money a,
month is as small an amount and as rea-
sonabIe as justice would allow and ac-
cords with the support given to and re-
quired by the defendant during the time
the parties lived together after being
married"
Mrs. Vasquez is a Filipino woman. Lieu
tenant Burbank is stationed in Leaven-