The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-29
BURBANK CASE COMES UP.
Mrs. Vasquez Objects to the Kansas
Jurisdiction.

AA- - e6SAOA OOJONNo ~ 49,
Jurisdiction.
Leavenworth, Kas., Feb. 29.-The case
of First Lieutenant Sidney S. Burbank.
Sixth infantry TO obtain a divorce or
set aside an alleged married with MIS-
Conception Nasquez, Filipino woman,
was called up in the district court here
Saturday afternoon, when Eli Nirdling-
err an attorney secured by the War de-
partment to represent Mrs. VaSqueZ,
moved to strike Lieutenant Burbank's
petition and affidavit of publication OF
pretended services from the files or the
court The motion was surprise TO
the attorneys for Lieutenant Burbank,
one Of whom was in the courtroom.
and arguments on it were postponed
The filing of the motion to take Lieu
tenant Burbank's case from the court
docket is made, to quote the language
of the motion filed in writing by the at
torney for the Filipino woman, for
reason that the court has no jurisdic-
ton either of the person of the defend
ant, Mrs. Vasquez de Burbank. or OF
the subject matter of the action"
The action of the military author1-
ties in selecting an attorney to defend
Mrs. Vasquez de Burbank, which is the
way the woman is referred to in the
legal papers, means that there will be
an open and regular trial. A copy of
all the papers furnished by Mrs. Vas
queZ de Burbank to the War depart
ment relative to her alleged marriage,
together with many atfidaVitS, are now
in the hands of Mr.. Nirdlinger. An
attorney, either a Spaniard or a Fill
Pine, has been at work preparing the
testimony, a copy of which covers 200
typewriter pages. This will be used
as evidence in the event that Judge
Fitzpatrick decides that Lieutenant
Burbank is a citizen of Kansas and
must appear as plaintiff in divorce
suit and further, that the Leavenworth
district court has Jurisdiction in the
matter. These points will be passed on
when the motion filed Saturday is ar
gued and submitted.
If Judge fitzpatrick holds that his
court has jurisdiction, Mr.. Nirdlinger
will prepare for a defense to show that
there was legal marriage and that his
client has. done nothing to afford just
grounds for a divorce. Mr.. Nirdlinger
stated today that he would ask that
Mrs. Vasquez de Burbank be brought
here to appear in person in the final
trial. He will make this request through
military channels. The affidavitS, doc
now here tell in detail Mrs. Vasquez de
Burbanlk's side of the case, and attempt
to answer the allegations made against
her character in the original petition
filed by Lieutenant Burbank in Sep
TENDER. The Filipino lawyer looking
after the interest Of Mrs. Vasquez de
Burbank, las prepared an epitome of
the evidence and facts in the form of a
letter, which is now here. 1t states in
part:
s"This letter will serve to introduce
the case of Mrs. Conception Vasquez
de Burbank. who is being sued in the
district court of Leavenworth for the
purpose of annulling the marriage be-
tween her and her husband, Lieutenant
Burbank, the plaintiff in the case. She
received the summons and notice of the
court on the petition of the plaintiff at
about the same time she was to appear
in Leavenworth county, and it was
therefore absolutely impossible to ap-
pear within the time specified, and I
said summons sufficient to give judg-
ment by default.
"She has now the certificate of the
marriage, the application for the same
and notices given, etc, together with
the certificate of birth of her child, all
of the signatures legaliZed by a notary
according to the old Spanish practice
and our new code. There is no legal
question whatever that q marriage ex-
executed would be legal and perfect
under the laws in force here.
Mrs. Vasquez has the sympathy of
many Americans, including principal
army officers who have some of them
gone to the town of her home and
there seen the signatures of Mr.. Bur
bank, which we are told by all who know
anything of the matter can be proved
to be genuine. 1t would never occur
to any one that there was any falsifica-
ton of which Mr.. Burbank speaks in
his petition. 1t appears to be another
of the many cases that have occurred
here that an American will marry a