The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-11
Testimony in the Burbank Di-
vorce Case Is Interesting.
Mrs. Yasquez Files a Cross Bill
I'm LeavenWOrth Court.
OFFICERS LETER
Last One He Wrote Was Of an
AffectiOnate Nature.
The Filipino Wife Ayers That
the Marriage Was Legal.

Leavenworth. Kan, April 11.--Mrs.
Conception Burbank formerly Vasquez,
has fled a cross-bin in the divorce. or
marriage annullment suit of First
Lieutenant Sidney S. Burbank. Sixth
Infantry. in the district court here.
The suit is set for trial in the April
term of court, which opens next Mon
day. The cross-bin petition was fled
by Eli Nfrdlinger, the attorney select
ed by the government to represent
Mrs Burbank The answer was pre-
pared by Spanish and American at
torneys in Iloilo, in the Philippine is
lands. and was sworn to by the woman
before a notary there. Points are
Eaised in it to lay the foundation for
an appeal to the highest American
courts. AS an instance, it is alleged
IN the petition that the marriage was
celebrated in compliance with the
spanish civil code. which was sane
toned and continued in force by the
United States military governor of the
RhlHpp1ne islands and that the mar
rage can be annulled only in COM
plianee with the provisions of this
The petition contains copies of the
alleged marriage license. the marriage
certificate, record of the birth of
timony taken by United States army
officers in the Philippines and copies
of letters and replies which passed be-
tween Lieutenant Burbank and the
war department.
In the cIoss-bilI Mrs. Burbank tells
OF their courtship, says she finds that
Lieutenant Burbank has a 'faithless
heart" that he has acted in an I'M
pardonaole manner in denying the
marriage and attacking her. character
and that she never desires to live. with
him again, but asks for $50 a month
alimOny to support herself and child
She also mentions about learning of
the purported engagement of Lieuten-
ant Burbank to a oman in the Unit
ed States.
Among the exhibits are some Lett
ters written in Spanish by Lieutenant
Burbank. One of these letters, the
last one he wrote to Mrs Burbank
reads in translation, as follows:
My Dear Wife of My Heart:
shall meier forget you, and all the
time am thinking about you 1 am
very sorrowful here without you, and.
am anxious to see you, but it is not
possible now, because tomorrow or
by day after we are going away My
Child do not come here. GoOd.by,-
because / shall come back to see YOU
as sure as tn ere is a Cod in Heaven.
Today Felipe Was here, and he will
tell you all 1 have told him I wrote
you the other day, telling you not to
come here, because it viii be very
painful for you to arrive here al
night, and L viii she aboard of the
steamer at thatStfsie and not able to
oh, child of my heart do not think
of me because my separation will be
very painful to YOU, but I cannot help
II. If 1 had any money of my own I
should retire from the army, even to-
morrow. But within five months
more I will be with you, and we will
not be separated again. Good-by, my
lovely wife of my soul; I always re-
member you, and never will forget
you, and 1 will be counting the days
until I come back to see you. I have
received your kind kisses and hugs,
and I return your kisses and hugs
also, and that I will never forget you,
and 1 will always think of you all the
time.
Your husband who loves you very
much. BURBANK
Lieutenant Burbank was called on
by the war department to explain
these letters. He replied as follows:
MY only purpose. and intent in
avert a possible or probable scene
which the said Concepcion Vasquez
might have made by coming to the
transport at the time of sailing"
The petition Of Mrs. Burbank is
UNIQUE in many ways. It reads in part
as follows:
For further defense. the defendant
alleges that she is a native of La
0dIlOLds LSldnQ OF Negroes ana was a
resident of Valladelid, Occidental
Negros. at the time of her marriage
with the plaintiff, and that from May
90 1901, to May 20. 1902, the plaintiff
was an officer of the army, stationed
at the said town of Valladelid, that in
this period the plaintiff formed the ac-
quaintance of the defendant, was as
siduous in his attentions to her, and
after several months Of acquaintance
and courtship, which was honorable
and public, secured her consent to be
married to him.
THAT on the 25th day of January,
1902, after due compliance with the
laws then in force in the Island of
Negros. the plaintiff and defendant
were duly married in the town of Val
ladelid, Occidental Negros, with the
free will and consent of both contract
ing parties. in the presence of proper
~ qualified witnesses, before the legal
" appointed justice of the peace for
the said town, and according to the
civil laws and military orders then in
force.
THAT after the date of said mar
Siage the plaintiff and defendant lived