The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-10-10
DAMAGES WANTED
FOR ALIENATION
OF AFFECTIONS
BENJAMIN Stubbs Demands
$25, 900 Balm From William
Eikenberry, Both Being
Prominent Horsemen.
FILE SUIT SATURDAY
IN A FEDERAL COURT

IN A FEDERAL COURT
Parties to the Suit Live Near
Eaton and a Local Attorney
Represents Plaintiff in the
Case.
Damages to the extent of $25,00O,
are demanded of William H. Eiken-
berry by Benjamin e. Stubs. both
prominent horse breeders, living south
of Eaton, O., for the alleged alien
alton of Mrs. Stubbs's affection from
her husband, according to suit filed.
yesterday afternoon. in the circuit
court of the United States. Southern
district OF Ohio, at Cincinnati, by John
F.. Robbins Of this city. The suit Is
remarkably like that In which Theo-
dore p. Shonts, the New York million
aire. was recently named defendant.
The suit will in all probability at
tract as much attention when it comes
to trial as that in which Mr.. Shonts
is effected, owing to the fact that the
two parties in the case are we'll known
men in Ohio. Indiana and Kentucky.
Action = Surprise.
The filing of the suit was some
what OF q surprise to the friends OF
the TWO men. although they were ia
miliar with the alleged differences ex-
listing between the two.
Mr.. Eikenberry is regarded as a
very wealthy man.
1t is averred in the complaint that
the plaintiff was married to Bertha
Robson. regarded as a very beautiful
woman by many. OH March 81, 1906,
at Eaton and that they. until the time
of the alleged commission of the
wrongful acts Of the defendant. lived
peacefully and happily together as
husband and wife. at their home,
south OF Eaton. Mr.. Stubbs states in
his complaint that during this time
''he enjoyed am possessed the affec-
tions, society and companionship and
assistance of his wife,
In respect to the alleged alienation
of his wife's affections. it is averred
in the complaint as follows:
Charges by stubbs.
That, In the month of August A. D.
1907, the exact date of which is to
the plaintiff unknown, and at many
and divers other times thereafter, the
dates of which are to the plaintiff un-
known. the said defendant. William
H. Eikenberry. then and there wrong
fully. contriving and wickedly and un-
justly intending to injure this plain
tiff and wrongfully to deprive him of
the affections. society, fellowship,
comfort and assistance. of his said
wife, did then and there, wrongfully,
wickedly, maliciously. and unjustly
purpose, plan and undertake to alien
ate from the plaintiff. the affections
of his said wife. and to deprive plain
tiff of her society. companionship and
assistance and did then and there
wrongfully. wickedly and maliciously.
for the accomplishment of the pur-
pose aforesaid. secretly visit the wife
OF the plaintiff in the absence Of the
plaintiff and without his knowledge,
connivance. or consent"
He Used caresses7
II IL also averred In the complaint
that by divers speeches and caresses,
and through and by means Of presents
then and there made to her by said
defendant, and by money and divers
other means and insidious wiles and
wrongful acts. to the plaintiff un-
known. win the confidence and affec-
tions Of plaintiffs said wife, and SO
prejudice and poison the mind of
plaintiffs said wife against him, the
plaintiff. and so ALLEVIATE her love and
affection from him. the plaintiff. that
she. as the plaintiff alleges, acting
under the wrongful. unlawful and ma
licious advice, influence direction and
persuasion of said defendant. did on
the second day of May A. D. 1909.
quit and leave the home Of plaintiff
and foresake. desert and abandon
him. and has ever since. as the plain
tiff alleges. under the like advice. in.
fluence, persuasion and direction of
said defendant, remained living separ-
ate and apart from him, the plaintiff" :"
1t is further set forth that the plain
tiff has wholly been deprived of his
wife's affections In regard which it is
averred in the complaint as follows:
And the plaintiff alleges. that. by
reason OF the premises, he, the plain
tiff. has wholly lost and been depriv-
ed of the love. affection. comfort, so
ciety, companionship and assistance
of his said wife. has been greatly dis
graced and been caused to suffer great
sorrow and mental distress. and rend-
cred homeless, and otherwise injur-
ed to his damage In the sum of
twenty-five thousand dollars"
The complaint was filed in the fed
eral court at Cincinnati because the
plaintiff and his attorney preferred
this court to the circuit court of
Preble county. The case might have
been filed in any of the counties Of
Ohio. providing Mr.. Eikenberry was
apprehended In one Of them and
held there until the complaint was
filed. The Ohio statute gives the