Arizona republican., 1894-02-09
THE SIMMS TROUBLE.
The Colonel Sued Yesterday
by His Wife.
A Probable Prelude to Sensational
Litigation Which Has Been
Hanging Fire for q Year.

An interesting suit, which is prob
ably the prelude to more sensational
litigation, was filed in district court
yesterday. 1t was an action by Han
nah I. Simms against her husband,
Col. Jas. T. Simms, to recover on two
promissory notes and running &C
count, sums aggregating something
more than 81 800.
The comp 'aint sets forth three
causes of action. AS to the first, 1t ia
alleged that on June l, 1884, at Albu-
qusruue, N. NJ, the defendant gave the
plaintiff his promissory note, payable
on demand, for $500, the consideration
being borrowed money. On Decem Der
Is the plaintiff demanded payment,
which was refused and is still refused
For a second cause of action it is
stated that on July %, 1891, at Balti-
more, Md, the plaintiff gave the de-
fendant another promissory note for
$500. Demand for its payment was
made and refused, also on Decem Der is
of last year. The third section of the
complaint relates to an account which
has been running for the past six
years and whose balance of 1850. SO 10
credit in favor of the plaintiff, made
up as the complaint alleges of moneys
had and received by the defendant
from the plaintiff and of moneys ex-
pended by the plaintiff for the defend
ant at his request. This account
forms an exhibit, nearly each item on
the debit side of which is followed by
the explanatory remark, "at your re-
quest"
The exhibit shows that part OF the
money was paid in liquidating the
defendants board bills, in detraying
the expense of moving from Baltimore
and for freight and other OUTLAWS. One
item of $500 represents money the de-
feAdant received as pay for pasturing
stock upon ranch belonging to the
defendant. His credits as shown by
the exhibit aggregate only $110.
1t was known by intimate friends of
the family year ago that the relations
between Col. Simms and his wife were
exceedingly tense and last summer
there were rumors OF divorce pro :eed-
ings. 1t was said that a complaint
drawn at the instance of Col. Simms,
lay for some time in the hands of his
attorney to be filed.
Although their home life was bitter
they frequently appeared in public
together and except their nearest
friends none suspected the existence of
family skeleton.
While the preliminary divorce action
was pending they frequently drove to
town together and while the colonel
was in consultation with his lawyer in
regard to the matter, Mrs. Simms ac-
commodatingl y remained in the carriage
taking care of the horse. The business
having been transacted they drove to
the offices of Mrs. Simms' lawyers and
the colonel looked after the horse while
his wife was in consultation with her
attorneys as to the best means of cir
cumventing the colonel's amiable in
tentions toward her.
At last even this outward show of
friendlinsss was discontinued. Some
time last fall Colonel Simms proposed
to give up honse keeping, come to town
and board. Mrs. Simms correctly judg
ing the Importance of possession, lin any
sort of legal contest declined to leave
her pleasant home. The colonel how
ever took quarters st the Mills house
and an attempt to remove the furniture
from his house nearly precipitated legal
trouble. Since then little has been
heard of the difficulties of Col. and
Mrs. Simms until yesterday.
The wealth and respecta bility OF the
parties lend this affair a sensational in
terest and their mutual friends, and
nearly all their friends are mutual al
though divided as to the blameworthy
party, regret the existence OF this do
mestic distur bance.
Mrs. Simms' attorneys are Messrs.
Kibbey & Israel. Her husband is repre-
sented by Pierce Evans.