The San Francisco call., 1908-05-17
DENIES HE KISSED
MRS. ALICE O'BRIEN
Col. CabeI Ii. Maddox TeStifieS
IN Divorce Case, Contradict
ing Husbands Witnesses
Admits Paying Attentions of
Gentleman at Request of
Present Complainant

Colonel Cabel H Maddox took the
witness stand yesterday and denied
kissing Mrs. Alice O'Brien. He ad-
mtted paying her the attention of a
gentleman" taking her to dinner. see
ing her home afterward and taking her
to the theater-which attentions, he
said he paid her not only with the
consent but at the special request of
her husband. Charles F. O'Brien. who
is suing for divorce. But when Attor-
ney Gould asked him about the alleged
kissing and hugging Of Mrs. O'Brien
The colonel Indignantly denied that
anything of the kind took place.
Maddox was asked about Mrs. Joseph
O'Brien's testimony that at her. house.
when she ran into the parlor to ask
Mary Alice O'Brien if the turkey stuff
hng should contain onion, she found
the latter sitting in the colonels lap
with her arms round his neck kissing
him.
'.No. sir. it is not fact" replied
Maddox I Go not wish TO dispute the
ladv's word. but she must have been
previously mistaken. I never at any
time kissed Mrs Mary Alice O'Brien."
KNEW NAUGHT OF CRUELTY
did YOU ever tell Mrs. Joseph
O'Brien that YOU had learned 10 love
Mary Alice O'Brien; that her husband
was cruel to her. and that you intended
TO take care of herr"
II did not know that her husband
was cruel to her"
But did you say that?"
NO. sir
The colonel was also questioned
about the luncheon in a private room
at Narchand's. at which, according to
the testimony Of Mrs. Joseph O'Brien.
Maddox and Mrs Mary Alice O'Brien
put their arms around each other and
kissed. This he also denied.
Not q word Of truth in it," he said.
The lady was again mistaken in that"
This luncheon was arranged at the
request Of Mrs. Joseph O'Brien, the col
oueI testified Il had q kind spot in
my heart for them ALL he said. The
luncheon was in a private room be-
cause the general dining room was
crowded. A Mr.. Trainor was the fourth
member Of the party, and between the
four Of them they drank only one
little half pint of claret-and no cham
pagne.
RESIDENT FORTY YEARS
Colonel Maddox testified that he had
been q resident Of this state for 40
years, and had held the following pub
lic positions: State senator for four
years, trustee of Agnews asylum for
four years and judge advocate general
Of the state for four years. He said he
met Mrs OBrien at Swayne's restau-
rant where he was introduced to her
by Mrs. Swayne. Afterward Mrs
O'Brien introduced him to her husband.
and the latter on a number Of occa-
So n
him.
At the request of O'Brien. he said.
he visited his home at 1927 Van Ness
avenue. and on each occasion had q
very pleasant evening there On one
occasion ne lent Captain O'Brien q
technical book following a discussion
about guns. powder and shells. Maddox
said he often walked home with Mrs.
OBrien and Mrs. Agnes Seaman when
O'Brien was out of the city.
MI O'Brien seemed to be very much
pleased at the attentions I was paying
his wffe-a gentlemans attention
nothing wrong in any shape or form,
continued the colonel He said he was
glad 10 have me walk home with her
at any time. Without fear OF contra
election 7 say I was doing it with his
toHsert and at his special request.
TWICE VISITED THEATER
p ne cOlOnel stated LnaI ne and Mrs.
O'Brien went to the theater together
twice on the first occasion Mrs. Jo-
seph OBrien was to go with them, but
She could not. On the second occasion
Maddox said he took Mrs. OBrien to
Tire theater because she wanted to
evade an uuwelcome invitation from
another person TO go automobile riding
They tried to secure the presence Of
Mrs Agnes Seaman at the theater
party. but she was not to be found.
Did YOU enter Mrs. O'Brien's apart
5nent after leaving the theater?" asked
Gould.
II do not think I did, answered the
colonel i never went into her apart
ment when il was late at night like
that"
The colonel was still on the witness
stand when an adjournment was taken
10 Wednesday morning.
Judge Murasky Yesterday modified
the restraining order on O'Brien's busi-
ness to the extent Of permitting him
to pledge certain stock in irrigation
companies for 81 .OO0 to raise money for
meeting two promissory notes for
$1,000 each and his current expenses.
Additional attorneys fees were allowed
.so4rusa7 for Mrs O'R-fa, Il, fl,o -,..,