The San Francisco call., 1908-05-26
COLONEL DENIES
AMOROUS ACTIONS
Aged Correspondent in Divorce
Suit Pleads His Years as
Cause for Tenderness

Colonel Cabel H Maddox. the CO.
respondent in the divorce suit of Cap
tain Charles O'Brien against Mary
Alice O'Brien. yesterday fell back on
his age as explanation for his attitude
toward the fair defendant. The aged
colonel was under cross examination
the entire day at the hands of Attorney
Barrett
What did YOU mean," asked Barrett,
'-when you said you did not know
whether or not you put your arm round
the waist OF Mrs. O'Brien, but that you
were familiar enough 10 touch her on
the waist. as you had done Minnie
Swain and many other ladies'?
L am so much older than Mrs.
OBrien that / would put my arm on
her waist without thinking anything g
OF it-just as you would a child or a
daughter" answered Maddox
Well, would you fondle her as you
would a child?"
Certainly not. / always treated her
with courtesy, as a gentleman L am
so much older than she that l saw no
harm in it."
why did you say Minnie Swain?"
Her husband gave me that permis-
sion We were very intimate, and ]
am so much older than she"
colonel, don't you think YOU take E
great deal Of advantage of your age?'
Now. Mr.. Barrett, that is not fair,
Nxpostulated the witness.
Didn't all these ladies look alike to
SoO?~
No, sir, they didn't"
Had you ever taken Mrs. Swain to
the theater alone, as you had taker
Mrs. O'RSen2"
No, but I am under the impression
there woulo have been no objection ii
I had asked permission
Maddox stated further that he would
feel intimate e3ough with most any
woman he had known as long as he had
known Mrs. O'Brien to touch ner waist
in the way describsd-
He admitted that vAile he was lying
i'll at the Cosmos clus early last year
he received "one little bunch OF vio-
lets" from Mrs. O'Brien.
Did she send you flowers only
Once?' asked Attorney Barrett.
only once that L remember" an
swered the imperturbable colonel.
Was there anything on the card be-
sides her name?"
4 don't think So 1 received flowers
and cards from other ladies, and
don't remember all the details
Didn't Mrs. OBrien write on her
card TO you. Lots OF love'?"
Il don't remember anything of the
kind"
VIII you deny that those words
were on the card?'
L won't deny and I won't assert it,
Asked about the lunch at Marchand's s
which the colonel, Mrs. O'Brien, Mrs
Lizzie O'Brien and Mr.. Trainor had to-
gether. Maddox said he brought Trainor
along because 1T was better to have
three than four. To entertain ladies
you don't want to do i'll all yourself
He denied in its entirety Mrs. Lizzie
OBrien's testimony that he put his arm
round Mrs. Alice O'Brien and kissed her
on that occasion.
rs il true that on the occasion wher
Trainor tried TO kiss Mrs. Agnes Sea
man, but was not allowed to, you tried
TO kiss Mrs Mary Alice O'Brien?" asked
Barrett
4 was not intimate enough with Mrs
OBrien TO attempt TO kiss her.
But did you try TO do it?"
TO the best of my belief 1 never IN
my life tried TO kiss Mrs. O'Brien."
Maddox admitted that he had fire.
QUently visited Mrs. O'Brien ct I2T.
Waller street since the suit for divorce
was begun. He denied 'prowline
around the premises but remembered
being spoken TO by Police Sergeant
Blank one evening when he went
through the basement of the house.