The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-22
Burbank Case Takes Another
Sensational Turn.
Lieutenant's Letters Read In
Court, Overflow With Love.
ADDRESSED AS WIFE.
Promises Woman That He Will
Return to Her.
Judge Fitzpatrick to Decide
About Continuance Monday.

Leavenworth, Kas., Oct 22.-All in
dications of a speedy settlement OF
the Lieutenant Burbank case vanished
Friday when Judge fitzpatrick agreed
to take under Amusement the request
of the attorneys for the Filipino wom-
an for a continuance
After hearing the arguments the
Judge stated that he would take the
matter under Amusement until Nom
day. In giving this decision he stat
ed that while the suggestion of the
military authorities with regard to APP
pointing a commission to Investigate
the case was a little irregular, and
from a strictly legal standpoint prob
ably improper, he considered the case
so peculiar in its nature that the sug-
gestion was welcome ana opporIune-
He suggested that the attorneys for
both sides agree upon the question of
allowing the government to appoint a
commissioner TO take testimony me
attorneys for the woman expressed
themselves as heartily in sympathy
with the idea, but the attorneys for
Burbank said they would only agree
testimony on condition that Lieutenant
Burbank be relieved from duty and
allowed to accompany the commission
er to the islands and be present at
the taking of the dispositions.
AS the court has nothing to do with
Burbank's duties as a soldier and the
question of a leave of absence rests
entirely with the military authorities,
the Judge advised the attorneys on
each side to prepare a written agree
ment before Monday, stating just what
they are willing on cOncede in the
matter The attorneys for the woman
are inclined to object to Burbank's
plan of accompanying the commission
as conditions are such that neither
Mr.. Nirdlinger nor Mr.. Dill would be
able to go and they feel that they
Sbon16 he rPDreSented also
Judge Gilpatrick'S action in requir-
ing the lawyers to be prepared with
some kind of agreement on the matter
shows pretty plainly that he intends TO
appoint a commission if both sides
agree, and this will mean a contin-
uance of the case until such time as
the commissioner might be able to
report with all the testimony. In the
event commissioner is appointed he
will be undoubtedly the man chosen
by General Bell, who is said to be
a prominent military man now located
in Missouri and thoroughly familiar
with the Filipinos and the methods
of gathering testimony. It is not at
all probable that the dispositions will
be from questions prepared here by
the attorneys, and no doubt arrange
ments will be made so that each side
viii send a representative with the
commissioner to question the wit
nesSes.
The request for a continuance which
was presented by Mr.. Nirdlinger's as
Eociate, Mr.. Dill, this morning, was
written, and gave as grounds for ask
ing the continuance the absolute neces-
Eity OF the testimony of the defendant
Mrs. Conception Vasquez. 1t stated
that the attorneys for the woman be-
lieved that If given the necessary time
they. could produce the original docu-
mentary evidence, which they think a.
sential to their side of the case.
Attorney Dempsey. for the plaintiff,
IN Directing to the granting of con-