The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-14
CHARGES OF CONSPIRACY,
Sensational Suit Filed in the
United States Circuit
Court.
A Santa Cruz Capitalist and Dis
trict Attorney Barnes Ac-
cuSed.

A sensational suit, entitled Margaret
Mcneil against James Mcneil, was filed
yesterday in the United States Circuit
Court. In it charges of conspiracy and
fraud upon San Francisco Superior Court
are made against the defendant, and against
District Attorney w. S. Barnes, w. B..
Blair, chief clerk to the District Attorney,
and w. S. Hinkle, former Assistant Dis
trict Attorney. The plaintiff in the suit
resides in Pittsburg, Pa, and the defendant
in Santa Cruz. The complaint states:
That the plaintiff and the defendant inter
November, 1855, when defendant deserted
plaintiff. That in March, 1890, she brought
suit for q divorce on the ground Of his infidel-
ity with one Louisa Simendinger, asking, also,
alimony and half the community property
That defendant filed an answer and cross-com-
plant alleging cruel and arbarous treatment.
May H. 1892 the plaintiff was awarded a de-
cree of divorce on the ground OF desertion.
That on June 10, 1893, she received verdict
for $10,950 alimony and counsel fees; that the
defendant appealed the case and that the ap-
peal was dismissed.
That for some time subsequent to plaintiffs
desertion by defendant he lived within few
doors of her residence, % Fifth street. Pitts
burg; that in March, 1891, he was living with
one Louisa Simendinger in Santa Cruz.
That in November, 1891, while PLAINTIFF suit
was fighting it, he brought suit for divorce
in the Superior Court of San Francisco before
Judge Lawler. That in his complaint he &C.
cused her OF saying:
'He is a drunkard and was raised on poor
farm; he has abused me; he killed his first
wife; he will not provide for me; he is no good;
he starved the family; he ought to get ont of
Pittsburg and not disgrace the family"
That everything was done by him secretly
and at the time that he was vigorously fighting
her suit in the Court of Common Pleas No.
OF Allegheny County. Pa; that at that time
and subsequently, up to September, 1893, she
was searching vigorously for him.
That at the time said james Mcneil began
suit his attorney was William s. Barnes, Dis
trict Attorney; that w. B. Blair, the referee,
was clerk in Barnes office, and that w. s.
Hinkle, who swore he mailed copy of the
complaint was Assistant District Attorney.
That said hearing before said referee was
mockery and fraud upon the court. That
such findings and DEGREES are the result of
fraud and conspiracy and false testimony, and
said decree never would have been granted but
for the imposition practiced upon said Superior
Court aforesaid.
The complaint also sets forth that the
defendant owns land in Santa Cruz valued
at 500, 900 on the Cliff road, the Clidd-road
plateau in the Bay View Tract, on Mora
Street and in the Mission Orchard Tract;
that he owns shares in the Santa Cruz
Light and Power Company, of which he is
president, to the amount of $65, 600; and
that he also owns shares in the City Bank
of Santa Cruz.
The plaintiff prays that the decree of
divorce granted the defendant be set aside
and that half the property he owns in this
State be awarded TO plaintiff.
District Attorney Barnes last night
denied that there had been any conspiracy.
He said:
That is the Mcneil case. A copy of the