The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-06-19
CAPTAIN MADDEN
WANTS DIVORCE
Adiutant Of 29tb Infantry Sues
His Wife.
HER ANSWER Is NEGLECT
OFFICER EXPECTED TO JOIN
REGIMENT HERE SOON.
Her ANSWER is NEGLECT

Captain John IL. Madden of the Twenty
Eiuth infantry. which Is stationed at Fort
Douglas. IS expected to arrive i'm Salt
Lake from san Francisco this week The
sd1utant has been detained ln me eFollell
6ate city Dr. the prcilmlnarlea Of MS sun
Tor aiVorce against Alrs. Edith PAfteuo
The officer returned with his regiment
MaF ll, iu order t9 be present at the lflaA,
which was set for June g. When IL was
called the court postponed 10 until aug;
-. ON account OF tue approaching yea
tIDu OF the superior courts captain MAD
don feared be could not obtain leave OF
absence from the war department. Wnen
she case came DO again SO ms oepOsitlou
was taken in San Francisco Friday. II
WiIl be- used at TIL regular hearing of the
case should he not be able 60 bee present
Wife Wept in Court.
THE wife was present during the taking
of the deposition. When she first made
her appearance she Wept softly in her
handkerchief Several times the eyes or
the husband and wife met but she was
always the first 90 divert her gaze Dy
either looking out of the window OF gaZ-
iUg upon some object lu the room When
Captain Madden took the stand the Wo-
man showed keen interest I'm the proceed
Sings and when she left tine court rOOmi
airs. Madden wore a smile upon her face.
i'm answer to questions Captain Madden
testified that he was 81 years of age and
that he mad entered the military service
of his country thirteen years ago he
had served as second lieutenant or IN
fautrv for seven years, as first lieutenant
Tor three years more and had been a cap
tain since 1901 He said that he had mar
Eiea the defendant al Fort MACPHERSON
Georgia i'm april. 1883 ana that ne nae
brought suit for divorce against her iu
November. 1903 He further stated that
De had not seen his wife from april J.
1892 until aug. d, 1888 when she went out
o. the Philippines TO meet nim-
n----As--- ----r 7r--=1-----
Captain Maddcn'a testimony chiefly con-
Cputeuded that since he has been out OF
TIE United states for several years he has
FORFEITED his right of citizenship i'm this
country and has no right TO bring an ac-
ION lu the courts OF California. Captain
Madden met this contention Dy saying
that lac entered the army from San Fran
CISCO that he had always considered that
CITY as his home. since me mad never had
any other, and that The law entitled eV-
cry man 20 a legal residence. which he did
not forfeit by fighting the battles of mis-
country on foreign soil when he did SO at
the order of his government.
The remainder of his direct Pxamina-
t.on was taken up with proving by Cap
tain Madden that the action of divorce
brought against his wife for infideliry was
instituted upon his express order and
written authority This testimony was
4eslsned 10 reIute me accusations OF Mrs.
Madden against her father-in-laW, whom
che charged with having prosecuted her
end with having lusrlgate1 and command
cd her husband TO divorce her.
ON CrOSs-eNam nation CAPTAIN Madden
denied that he had been friendly with
certain women i'm Manila
Not a Navigator
The witness smiled good naturedIy when
tne attorney iutimated that 10 was his in
l1AlcaLiOn which caused the transport
Hooker 10 be wrecked on the rocks OF
Manila bay on Aug. ID. 1899.
said. 81 was QuaTtermaster captain, but
stephen HanIOn was. the navigating mas
ter j had nothing 90 do with her sea-
"Had you not been drinking to- excess
oh the DAY the ship struck asked At
LUrueE Dorsey
Fl believe during the tweuty-fOur hours
preceding the accident Z had three drinks.
each several hours apart is that what
) ou mean by drinking 90 elCesEr.
captain Madden denied that his father
was delraying the expenses of the suit
igI divorce, saying that he was running
into debt 10 procure the separation Tie
told how he had given his wife money
upon ullterenU occasions after they sep
frated and was paying her Sl0J temper
ary aliuony In accordance with decree
OF Che court
Charges Made by Wife,
I'm her answer to his complaint for di-
Vorce. Mrs. Madden charged her husband
with neglectiug her on one occasion hy
and going 90 Cuba for a two weeks cam
paign with his command. Replying 90
Jlis- he said that he had gone TO Cuba
Ey order Of the war department lie adj
united, however, applying ror the permits
zion,
His wife also charged him with Iudiffer-
= 1ce concerning the death of their first
emilio. when This matter was brought up
Captain Madden said that he had writ
ten 10 his wife upon receiving the news
az ms baby death while me was on a trip
I'm tbe South seas. and said that when
3arcF. Doe did not write lt was for The rea-
sons which his wife understood and ace