The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-21
KANSAS NEWS.
Evidence for Lieutenant Bur-
bank Is Before Court.
Consists Principally of Attacks
On NOman's Character.
MAY BE POSTPONED.
Talk of Securing Testimony in
the Philippines.
mr.. Burbank's Attorneys Object
to This.

Leavenworth, Oct. 21.-The evidence
in the trial of Lieutenant Burbank
marriage annulment suit against Mrs.
Conception Vasquez, is now all before
the court, and it consists largely in an
attack on the character of Mrs. Vas
quez and on Fernando Mapa, the JUS
tice of the peace who asserted that he
married them. Captain Milton F.
Davis probably will appear in court to
confront Lieutenant Burbank with his
letter to the war department in which
he is said to have acknowledged writ
ing to Mrs. Vasquez. Burbank test1-
fed yesterday that he had never writ
ten to either Mrs. Vasquez or the war
department concerning the woman.
AS a result of the information con-
veyed in the conference between Brlga-
der General Bell and the attorney dur
ing the day. William Dill, one of the
attorneys for Mrs. Vasquez, asked that
further trial of the case be postponed
until q commissioner be appointed TO
take dispositions in the Philippine is
lands. Mr. Dill stated in substance the
contents of the cablegram to General
Bell submitted through the war de-
partment, in which IL was suggested
that the court here be requested to ap-
point a commissioner. He said also
that in the conference it was suggested
that a competent army officer would,
if designated by the court, act as COM
missioner, and that there would be no
expense to either side in the litigation.
Mr.. Dempsey, speaking for Lleuten-
ant Burbank. strongly opposed any
delay and insisted that the trial be
proceeded with. In the course, OF his
argument Mr.. Dempsey insinuated that
this was outside interference, that tne
case was not under trial by the war
department and that if army officials
wanted to conduct any investigation
they could proceed and do SO.
In the conference between General Ben
and the lawyers the suggestion was maze
direct to the attorneys for Iieutenant
Burbank that it would probably be best
for Lieutenant Burbank as an army On, ON
Ger to have an investigation in the Phll7
ippines of the kind proposed. If cleared
by a commissioner, an army oticer ~
would have a tendency to place him in
the best light possible in the army. IN
the other hand a decision of the court at
this time, with only the present testlmo-
ny, might not have such an effect,
Lawyers for Mrs. Vasquez followed TINS
by making the statement that they IN
tended to appeal the case to the higher
courts, and they did not believe this court
had any jurisdiction in the case.
The attorneys for Lieutenant Burbank
would not consent to any delay and they
also refused to enter into an arrange
tenant Burbank,s love letters, in which
he is said to have referred to Mrs Vas
quez his wife, used as evidence.
Lieutenant Burbank was placed on the
witness stand the second time just be-
fore the afternoon adjournment and asked
if any demands for money had been made
on him by Mrs. Vasquez through the
war department. He started to answer in
the affirmative when attorneys for Mrs
Vasquez objected on the ground that any
thing coming to. Lieutenant Burbank
through the war department was in writ
ing and he should show it. They argued
if any such demand was made on him,
especially through the war department,
he should produce it, Judge Fitzpatrick
ruled that the objection was well taken
and Burbank was not allowed to testify
on this point.
Lieutenant Burbank takes everything
connected with the trial in an easy-going.
his temper was when questioned about
the names of his father and mother APP
pearing in the alleged marriage license.
when the soldiers testified attack
ing the character of Mrs. Vasquez and
Mapa, the justice of the peace.
One soldier was asked if Lieutenant
Burbank ever did him a favor, when he
replied that Burbank allowed him to at
tend a party in a white pair of pants,
with a broad green stripe on each side.