Omaha daily bee., 1896-12-20

daughter In reduced circumstances. II
seems he had sold out his business. turned
all hs possessions Into money except his
residence. and had dropped out Of sight.
when | left our little town about ten
years after this occurrence the matter was
stll subject for discussion at all the
sewing circles but the good women had
not succeeded in learning anything further
about the fate OF stuart and Madge Barker.
II came out to Nebraska and secured
position as court reporter at Lincoln. After
] had been there about three years lawyer
whom | had known very well in Lincoln
was elected Judge OF the district court In
one OF the newly organized counties. His
court was located at Allen, the county
scat. and he offered me the position of re.
porter under him. accepted the position
and was soon on the spot
~ had not been in the town twenty-four
hours when who should I meet, walking
down the main street, but Lorn Stuart,
or course, he didn't recognize me as being
any one he had ever seen, and | did not
speak to him.
ITO make a long story short, learned
by quiet inquiry that Stuart was the most
important man in the little town, being
the owner OF the townsite. He had mar
red Madge Barker and they were living
In one of the most imposing houses in the
town. II seems that when Mrs Barker
and Stuart disappeared from their homes
they had gone to Colorado, where they
ard Barker, the womans son, who had
disappeared about the same time they did,
had followed them to Colorado and had
been living with them all the time After
leaving Colorado these three had come to
Nebraska and Stuart and Mrs. Barker had
each homesteaded a claim. The two claims
were adjoining, and stuart had boarded
with the woman and her son. When their
titles had been perfected they were mar
red, John Barker having in the meantime
III
ground of desertion. Soon afterwards the
town of Allen was laid out on the claim OF
the woman, and when | appeared on the
scene this town had reached a respectable
size.
"As the owner Of the town site and by
dint of his superior ability, Stuart had
become a strong factor In politics, and had
become, in a small way, a dictator and dis
penser OF patronage. lse had been elected
10 the state senate, and at the time | ar
rived in town he was candidate for cleo
tion as state treasurer.
Through Stuart's influence with the
authorities at Washington Richard Barker
, had been appointed postmaster at Allen
about two years before.
"a few days before l reached Allen Post
master Barker had married Mabel Ander-
son, the belle of the town, and the only
daughter OF one OF the most prominent
families. She was a beautiful young
woman, q, decided brunette, with dark,
flashing eyes. and regular features OF
rather strong type.
II had not been in town a month be-
fore | heard rumOrs floating about to the
effect that Stuart and young Mrs. Barker
were more affectionate than their relative
circumstances seemed to require These
rumors Increased rapidly, and 1t was sool
common talk that Stuart had supplanted
his stepson In Mrs Barkers affections
you will remember that l said in the
beginning that Richard Barker resembled
his father in the matter of brains. That
will account for the fact that he did not
seem to be much concerned about the ac-
tlons OF his wife and Stuart, although 1t
was impossible for him not to have known
all about their doings.
while this was going on the suspicious
OF Mrs Stuart had been aroused, and the
neighbors told OF frequent family jars in
the Stuart family. One day the whole
town was thrown into a great state OF eN-
element by a personal encounter between
the two women. They had met on the main
street in the busiest part OF town one
afternoon and Mrs Stuart drew revolver
from the pocket OF her dress and attempted
to shoot her daughter-in-law The weapon
failed to explode, however. and was taken
from the infuriated woman by bystander.
Mrs Stuart warned Mrs Barker that II
she didn't leave town inside OF twenty-four
hours she would kill her.
This threat had the desired effect. and
the next day 1t was announced that Mrs.
Barker had gone to Omaha for medical
treatment Her departure did not put
stop to the dissensions in the Stuart fam
lily, however, and they were constantly
quarreling. Mrs. Stuart refused to join
her husband in executing deeds to buyers
of their land and he sold 1t anyway. He
made frequent trips to Omaha and would
be gone several days each time. Finally
he took up his residence in Omaha alto
gether and Mrs Stuart secured a divorce
on the ground OF desertion, Stuart making
no defense.
II had occasion to go to Omaha frequently
-. on business. and learned that Stuart and
Mrs. Barker were living together In the
northern part OF the city. This condition
OF affairs continued for about two years
when Stuart removed to Red Wood, a
small town in the western part OF the
state Mrs. Barker followed him there, and
he bought her a fine home in the town, liv-
ing with her under the guise of relation
ship He died shortly afterward, and when
his will was filed for probate at Allen,
where all his property was situated, II
was seen that everything had been willed
to Mabel Barker, and she was appointed
Administrative without bond.
THE will was probated, but within less
than week afterwards contest was in
stituted in the district court In the name
of Helen Stuart, who claimed to be the
daughter and sole heir of Stuart. She
had been living In Cleveland since the
death of her mother several years before,
I had learned this incidentally some time
before Stuart died 1t is not material how
Helen Stuart had learned of the death of
her father and the disposition he had made
OF his property.
There was great difficulty in getting
Jury and several days were consumed in
finding twelve men who were not biased or
prejudiced one way or another by their
knowledge OF the case.
"a jury was at last secured, and the
case commenced. Helen Stuart produced
the marriage certificate in proof of her
mothers marriage to Stuart in Cleveland
years before and produced proofs OF her own
relationship to Stuart. She testified that
her mother had never been divorced from
Stuart. 1t was also shown incidentally
that Just before his death Stuart had trans
ferred his entire bank account in the bank
at Allen. amounting TO about $ll 900, TO
the credit of Mabel Barker, and she had
drawn II all out Immediately after his
death. The claim of Helen Stuart, that
she was the sole surviving relative of her
father, was proved most conclusively.
THE attorneys for Mabel Barker were
simply astounded at the evidence confront.
ing them, but they made strong fight,
Every resource known to the profession
was brought to bear the case and alto
gether II was one of the most brilliant legal
conflicts | ever witnessed. The arguments
were gems OF legal logic combined with
rhetorical flights which fairly made the
ola han rfn