The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-10
Illness of Attorney for Pros
ecutiOn Caused a Delay.
There Will Be No Claim of
AlimOny by Either.
POINT FOR DEFENSE
Is Made by the Deposition of an
Army Surgeon.
He Found Mrs. Taggart With
Face Bruised and Swollen.

Wooster, O., Aug. 1O.-Though Attor-
ney Sterling was not able to appear,
according to a statement by DR.. ]. D.
Beer, the Taggart divorce case was re-
sumed. Sterling soon appeared looking
quite ill. The first testimony was a
deposition by Captain William B. Fol-
well, Eighteenth infantry Fort Leav-
enworth. This sets forth that Taggart
was perfectly sober the night of June 80,
1903, which was the night of the separa-
ton. Then when Attorney Worts for
Captain Taggart offered the signed
statement of Charles H. Hulburt of Chi
cago. Mrs. Taggart's business agent
the alimOny question.Was mentioned tor
the first time. Smyser, for the defense,
assumed that Taggart might ask for
alimony because the agents statement
of her property was introduced. SmySer
argued that Mrs. Taggart could not be
ordered to pay the captain alimony as
1t was not specifically mentioned in the
pleadingS. This lady, as we Will show,
he said, has an independent income to
which Captain Taggart never contrib
uted one dollar"
We don't want any alimony," retort-
ed Worts, but there have been cases in
Ohio in which even though the husband
was granted a decree for his wife's mis-
conduct, the wife was given alimony."
IF you get a divorce we shall not
ask for aIimony" declared Smyser.
The court made note of these dec
larations, settling the alimony problem.
Then the agents statement was read by
agreement.
Night in July, 1908.
A night in July, 1903, in Fort Leaven-
worth, Kan, was the last that Mrs.
Taggart spent in association with Cap
tain Taggart and his friends. Around
this night cluster the tricolored events
which on the part of the defense are al
legged to have driven Mrs. Taggart from
her home and by Captain Taggart said
to have ended forever his hopes of re-
tanning both his wife and his honor
Colonel Miner, now retired officer,
nV1ng in Cofum bus, was at this time
the superior officer of Captain Taggart
in Fort LeayenWorth. 1t is alleged that
he was also superior to the captain in
the affections of Mrs. Taggart and that
the presence. of Colonel Miner in the
nouse when Captain Taggart returned
from the rife range preceded the out
break of physical abuse, which the cap
tain imposed upon his wife and which
was followed by his own arrest and
confinement. Major Charles G. Morton,
now of the war college at washington,
gives the strongest deposition in favor
of the conspiracy theory. He says that
no reason was given for the arrest of
Captain Taggart. He could not have
been arrested except by the orders of
barracks to see him was told that Col
onel Miner had given orders that no ore
should be allowed that privilege"
Mrs. Taggart Was HystericaI.
Col John Won Hoff, assistant sur
geon general, testif1es by deposition
that he was called to see Mrs. Taggart
the morning of the day that CAPTAIN
Taggart was arrested and that she was
in a hysterical condition on that morn
ing. Deponent further stated that her
face was bruised and swollen and
marks of violence were upon her head
and arms. Col Van Hoff sal dhe was
called to attend Mrs. Taggart by Col.
Miner and that he went to the head
quarters of the latter before making
the professional call. Col Miner fold
him that Mrs. Taggart was i'll as the
result of an assault made upon her
by the captain and that he should 90
to her house at once. He said that it
was reported that morning that, Mrs.
Taggart was in fear of her life. A
popularity of this deposition was that
the only points which were admitted
as evidence were those brought out bv
the cross-examination. It was there
fore good witness for Mrs. Taggart.
The impression conveyed by the depo-
sition was that Capt. Taggart beat his
wife, tore her clothes from her back
and turned her out of doors.
The hour is approaching when Mrs
Taggart will become the story teller
and from the supreme candor which
she preserves in the most serious
hours of her arraignment, it is thought
that she has something interesting to
relate.
His Brothers Betrayer.
1.-THE last time kissed Grace good
bye, the thought occurred to me that
1 was caressing the woman who had
betrayed my brother" The words
were brought from Howard Tagsart
after he had submitted to a lengthy
and irritable discrimination.
Thomas Moroldo, a Filipino aged
21, who has been Capt. Taggart's valet
for several years, testified that at Fort
Leavenworth Capt Taggart freouentiv
drank cocktails and seemed to like
them as well as he did the society OF
his guests. This witness had freuuent-
ly seen General Miner at the home OF
Capt. Taggart, but said he never saw
anything improper between them. He
stated that Mrs. Taggart was very
kind to the captain and to the cap
tain's friends.
The witness had seen Lieut.. For.
tesque at the house of Capt. Taggart
frequently and had once seen the lieu.
tenant come unannounced and pro,
ceed directly to q. room on the second
floor, where Mrs. Taggart was en-.
gagged.
on this occasion CAPTAIN Tagpart
was in Kansas City on business. Wit
ness thought that the gown Mrs. Tag
gart was wearing that morning was
put on for the purpose of receiving
Lieutenant Fortesque. He described il
as a kimono, with flowing sleeves ana
open in front to the waist. Mr.
Fortesque was in the room for about
an hour, witness thought. CAPTAIN
Taggart had questioned him about the
visitors Mrs. Taggart received in his
absence and he had told him about
the FOrtesque episode and that Gen
eral Miner also called. But I TOLD
Captain Taggart that had never seer
anything wrong between Mrs. Tagga r
and General Miner. The Misses Yos