The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-11-22
BOTH FILE SUITS.
s. Barnes Charges Wife Tried to
Poison Him.
Makes Sensational Allegations
in Divorce Action.
SHE ASKS FOR MONEY.
Petitions Court to Appoint Re-
ceiyer for Property.
Was Promised $4,000 at Time
of Marriage, Says She.
HE ASKS FOR MONEY.

A sequel to the Barnes suit for ali
mony which was filed Wednesday. came
later in the afternoon when the hus-
band filed petition for divorce max
ing sensational allegations.
Mary I. Barnes is the plaintiff in
the first case and the defendants
named are Samuel Barnes. her hus-
band, and H. E. Barnes, E. R. Barnes
and F. E. Barnes. his sons. The attor-
neys for Mrs. Barnes ask that the de-
! PENDANTS be restained from disposing
OF any of the property now in the pos
session of the Barnes family pending
| the settlement of the suit in question.
The plaintiff also asks that receiv-
| er be appointed for the estate Of
! Samuel Barnes and that he be re-
strained from disposing of any of the
possessions in question until such
| time he shall pay her $40, 900, which
she alleges rightfully belongs to her
as her share of her husbands property.
The petition of the plaintiff states
that at the time of her marriage with
the defendant on the 26th day of Octo-
Der, 1905, he was an invalid from
rheumatism and that his condition has
not improved since that time She also
claims that at least a portion of the
family were in favor of the marriage
that Mr.. Barnes might have home
and the care of a wife in his old age,
though some of them objected to it most
|
suited in a division of the family, the
daughters and his brother and sister
siding with the parents, while the sons
living in Topeka objected.
Mrs. Barnes claims that her hus-
band was an ardent sutton for her hand
and that he was assisted by members
of his family who inportuned her by
letter and otherwise to marry him.
Gifts were made and promise of others
which were afterwards delivered and
her sympathies SO worked upon that
at last she yielded to his entreaties-
Mr.. Barnes went to Ohio and 1t was
while he was visiting his sisters there
that she received letters from them
asking her to marry their father. He
represented that he was worth $50, Ooo,
SO her petition states, and prior TO their
marriage sent her presents.
In addition to these presents he
gave her 500 with which to prepare
her trousseau and another check Tor
$500 with which to purchase furnitu1e
for their lone and promised TO erect
a barn on her property at 1874 Har-
rison street and buy her surry ana
harness for the family horse. me
promises afterwards being carried out
to the letter though she claims that he
was an Indian giver as far as me
surry and harness were concerned,
for he afterwards had them removed
from the new barn without her
knowledge.
He also made will in which he
stipulated that. If his estate should
prove to be worth $4,000 at the time
Of his death that she should receive all
of it with the exception of $500 each
which should be given to his children
and the same amount to his sister ana
brother. The will provided that should
the estate prove to be worth less lhan
$40 600 at the time of his death that
the same provisions should prevail
with the exception that the amount re-
ceived by the children and brother ana
sister should be reduced one-half
Mt agreement
made impossible for Mr.. Barnes to in
herit any interest in his wires prop
erty and two insurance policies OF So
600 each were made payable TO ner at
his death or at their maturity. Mrs,
Barnes also alleges that While her
husband was i'll at their home on Har-
rison street the sons consplred TO
have him removed to Stormont hos
Dital and that he was afterwards re-
moved from there to the home of his
son. Elmer R. Barnes.
The second petition which was nled
within an hour after the first one had
been made a matter of record was II
ANYTHING more sensational than its pre-
decessor and was filed by the attorneys
for Samuel Barnes who asks for d.
vorce from his wife and includes sew
eral serious charges.
This petition states that since the
marriage with Mrs. Barnes In Kansas
City in october, 1905, she mas mace
three different attempts to poison him
and accuses her with undue intimacy
with a man named Brown who holds
position in the Santa Fe Offices 1t is |
Claimed by the petition that the at
ternDts of murder were made in July, !
october and again in November of the
present year and the claim is made that (
arsenic was the mode employed in at |
least two of the cases, While a small |
dose of strychnine was used in the last /
attempt.
Barnes claims that he has advanced I
his wife large sums ef money since /
their marriage and that he has given /
her numerous presents and he asks that |
the presents as well as the money be
returned to him, and he claims that his I
wife refuses his requests.
At the time Of the marriage of Mr..
and Mrs. Barnes last year a sensation
was created by the attempt of the chill
dren living in Topeka to prevent the
marriage of their father to his
present wife, who Is some
thing like 20 years his Junior and who /
had been married before. The trouble
resulted in the cstrangement of the /
boys and their father and the partner
ship which had existed between them /
in the real estate business was dissolv- |
ed and they had but little to do with /
each other until recently, and the first |
known of that has been made public
by the claims made in the petition filed /
Yesterday by Mrs. Barnes.