The Dallas express. [volume] (Dallas, Tex.) 1893-1970, 1920-11-27
SOUTH CAROLINA DAMAGE
SUIT TAKES NOVEL TURN.
Husband Now Sued by Wife
For Slander. Denies Any
knowledge Of Conditions
Which Caused Suit.

Greensboro, N. c., Nov. 25.-Coun-
ty action In the Warner case was be-
gun when attorneys for Mrs. Flor
ence G. Warner filed in the feder-
al court here complaint against
her husband. H. b. Warner of Lex
Ington. alleging that he abandoned
the plaintiff. and wilfully and ma
liciously turned her out of doors, and
by cruel and bararous treatment en-
dangered her life and offered her
such indignities as to render her
condition intoIerable and her life
burdensome.i The court fs therefore
prayed to allot to her. under the laws
Of North Carolina. "a reasonable sub
sistence" from the estate Of the de-
fendant; and claim Is laid to the
property In Lexington known as the
warner buiddins, estimated to be
This suit is Mrs. varner's reply to
the sensational proceedings at Lex
ington last August. when r. B. Var
against his wife. and at the same
time started suit for 100000 against
Baxter McRary, Colored. for aliena-
tion OF her affections. Mrs. Warner
brings suit In the federal courts as
a citizen OF the State OF Utah, where
she declares In the complaint she
she was sent by her husband, or his
friends
History of Case.
Note-The McRary case. a
full account Of which appeared ex-
clusively in The Pittsburgh Courier
under date OF August 81. offers some
very interesting angles. r. Baxter
McRary, one OF the wealthiest and
most Influential Colored men Of the
ou n tbe some neseo Sc e says Varner 5esn
president OF the National Editorial
Association, and himself a well-to-do
newspaper owner OF Lexington. N. G.
the sum Of 100000 was Immediately
begun by Warner as well as divorce
proceedings. McRary's defense. II n
claimed, was built around the fact
money on notes. etc, and that IL was
a mission in the interest OF his claims
that brought him TO the Warner
home on the evening In question II
tire matter was n frame-up 10 d.
vest McRary Of his immense property
holdings in Lexington. Owing TO the
prominence Of all parties concerned
the case viii be watched with unus-
The complaint Is hardly less sen
satiOna1 than the charges filed al
Lexington. IL declares that the plain
the charges brought against her;
that she was denied the opportunI-
ty Of seeing her husband to repudi-
ate the alleged ISLANDERS against her
induced 70 leave Lexington BY beine
told that II she would go to Sails
bury she might have an Interview
with the defendant and that shs
rose from her sick bed to go. but
handed a ticket TO Salt Lake City
Utah. and told that her husband
would not see her. but that shs
must leave the state and go 10. hei
Salt Lake City. she was desperately
i'll for two weeks, so that her lifs
was despaired Of.
Warmers Charges FIatIy Denied.
As for the charges I'm the dIvorc.
suit, they are all flatly denied. II Il
alleged that on the night Of Augusi
the plaintiff went to the moving
picture show owned by her husband
was away, that she returned will
the receipts from the box office Al
about 10 o'clock. and was admitted
by her Colored servant. Anna Nil.
Ter; that within a few minutes sh,
answered a knock at the door, wher'
she found Fred o. Sink. who SAID
10 her, Mrs. Werner, you are In al
kinds Of trouble" which she took e
mean that her husband had met will
some serious accident; that Sink ther
asked II McRaTy was at the house
and that she replied that he was not
so far as she knew; that Sinks sug-
| gestion that she allow the house 4
be searched was her first intimatlor
Of the true situation; that said hous.
was thoroughly locked, and that SAID
Baxter McRary was not. nor hat
been in or about the house, so fai
as this plaintiff knew"
Furthermore, IL is alleged that Nc.
/ Rary had been in the habit OF visit
| ing the house 20 see the servant
AnEa Miller, "and the defendant, al
! Of which was well known to the de.
fendant." that he was a friend Of tn,
her husband, had frequently phonet
him; that the said McRary would Al
different times send game. fruit ant
veRet ables TO he defendant and thai
| the defendant would call him Ovei
| the phone and thank him"