The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-30
Woman Befriended Brother and
Became Rich as Result.
Decided Interest in Gold Mine
That Sold for $4,000.
NOW IN AN ASYLUM.
Guardian Suing Husband for
Money TO Cure Her.
Technical Abandonment Is
Charged in Litigation.

Wichita, Kan, Dec. 30.-Caleb ]. Bird
sci and his wife. Margaret, gave five
dollar bill to Mrs. Birdsel's brother,
Daniel Mullen, in 1878. The money was
a grub stake" to Mullen, who was
mining in COLORADO.
In appreciation of their kindness to
him, the brother decided to Mr.. Bird
sci half interest in a gold mine in
the Rockies. For a few months the
deed was allowed 10 gather the duet
from a Sedgwick county farm, but I'M
expectedly the news came t. the Bird
sells that Mullens mine was showing
color. 1t Increased in value by leaps
and bounds and was sold for $4,000.
OF this amount Nj and Mrs. Birdsel
received $25, 900.
Part of this sum was invested in q
Sedgwick county farm described as the
east half of the southwest quarter and
west half of the southeast quarter of
section Is in township 81.
Mrs. Birdsel Held Insane
Three years after their good fortune
a sadness fell over the Birdsel home.
Mrs. BirdSel became melancholy and on
July 19, 1881, at hearing in the Sedg-
wick county probate court she was ad-
Judged insane and sent to the state
asylum at Osawatomie. There she has
remained to this day.
Since the purchase of the farm above
described it, too has grown in value,
and the profits from it since 1881 are
estimated at $4,000. or $500 annually.
Mr.. Birdsel left Kansas and is now
a resident of Missouri. The wife is still
at the state asylum. They have not
been divorced.
Eleanor Murray. who was appointed
guardian of Mrs. Birdsel, believes that
II her charge can be moved from the
state asylum and given skilled treat
ment she will recover the full use of
her mental faculties. In order to get
money to do this, and also to take care
of her in some place other than a hos
pital for the insane, the guardian has
brought suit in behalf of the demented
wife against Caleb ]. Birdael, the hus-
band, for judgment in the sum of
$4,000. The case was originally filed
IN the Sedgwiek county district court,
but owing to the residence of Mr.. Bird
sci in Missouri, it has been moved to
the United States court and will come
up for hearing next March when fed
eral court convenes in Wichita.
Husband Hasn't Helped Her.
In the petition it is averred that Mr.
and Mrs BirdSel were married in Au-
gust. 1855 Since she was sent to the
state hospital it is alleged that Mr.
Birdsel has neither called to see her or
has made any inquiry about her condi-
ton. The petition states that Mrs
Birdsel is neither violent nor is unable
TO carry on rational conversation It
states that it is owing largely to sur
roundings that Mrs. BirdseI is not to-
day well woman and able to take her
rightful place in the world
The court is asked to divide Mr. Bird
sells property SO that the wife can use
part Of it in receiving treatment
away from unfavorable circumstances
where she can be surrounded by friends.
The court is informed in the petit
ton that Mrs. Birdsel has been tech
Eically abandoned by Mr.. Birdsel and
that were she in her right mind she
would be entitled to sue for a divorce
and division of the Birdsel property,
now valued at about $32 900.
Assertions made in the petition are
asked to be answered by Mr.. Birdsei.
and the court requested to pass on the
issues of law thereby created. This I'M
usual procedure is asked, it is alleged,
owing to the financial inability of Mrs
Birdsel or her guardian to secure wit
nesses to bear out the truthfulness of
each allegation.
The petitioner reserves the right to
challenge the truthfulness of any or all
of the husbands replies to the wife's as
sertions made to get a part of the Bird
sci estate