Privately, his wife Mary complained to her neighbor, the wife of Ben Heney, that her husband abused her. In December 1888, pregnant once again, she filed for divorce. Rumors circulated that Handy had threatened to kill the judge and her lawyers and she withdrew her suit within the next month. Judge Sloan described Handy as "a man of strong will, aggressive, and both quarrelsome and vindictive." Over the next four years she developed an addiction to
morphine, possibly administered to her by her husband. Morphine at the time was readily available and prescribed for a variety of ailments. Handy sent their four children to live with his mother and sister in Oakland. By July 1898, Mary later testified that she was a virtual prisoner of her husband who chained her to a bedpost when he left home. She had a fifth child, Spencer, in 1888. Handy told her he had sent Spencer to Oakland as well and threatened to prevent her from ever seeing her children again unless she signed over her interest in their home to his mother as trustee for their children, which she did. The baby was actually still in Tucson. In July 1889 Handy filed for divorce and six months later got the court's permission to place Spencer in hospital custody. The town gossip was that Handy wanted to marry another woman named Mrs. Pansy Smith that he had been seeing for some time. Due to her husband's continual threats, Mary had difficulty finding an attorney. When C.W. Wright agreed to represent her, he asked
Francis J. Heney to assist him. Heney reluctantly agreed whereupon Wright promptly withdrew from the case. Heney refused to continue on his own, and Mary went from attorney to attorney seeking representation. Heney finally agreed to reconsider her pleas for help. Handy relayed a message to Heney: "If Frank Heney takes the case I will kill him!" Handy publicly proclaimed that any attorney foolish enough to represent her in the divorce case "would be sorry." He described his wife as "a morphine fiend and a common slut." His attempts to intimidate Heney had the opposite effect, pricking Heney's conscience. Heney told his brother Ben, who lived across the street from Handy, that "If a lawyer can't take any case he feels it is right for him to handle, then he should take down his shingle." Heney and Handy had several confrontations. On more than one occasion, as the lawyer walked along the street, Handy intentionally attempted to run Heney over with his buggy. Handy called Heney a coward and a son of a bitch and tried to provoke a fight. Clerk of the Court Brewster Cameron, a friend of both Handy and Heney, warned Handy that his threats might negatively influence the court, and Handy desisted for a while. The divorce trial dragged on for eight months, piling up a stack of legal documentation more than high of complaints, countercharges, motions and depositions from prominent Tucson citizens. Despite witnesses supporting his wife's allegations of abuse, Handy prevailed and obtained custody of all five children. But the judge ordered Handy to pay her $30 a month in
alimony, gave her the family home, and rejected Handy's demand for a new trial. Handy sent Spencer to live with his family in Oakland. In July 1891, Handy, acting in his mother's name, sued his ex-wife for
unlawful detainer of property, trying to force her out of the house that the court had granted her. His suit was dismissed but he went to a second judge and presented the deed that his wife had signed under duress two years previously. Heney represented Mary again and Handy made more death threats. Fearful for his life, Heney began carrying a pistol. Heney's brother Ben lived across the street from Handy and began accompanying his brother to and from the office. Ben reported that Handy said he would "take Frank's gun away and kill him with it." Handy hired a former policeman named McCarthy as a bodyguard. On two occasions the four men confronted each other with their guns drawn. == Shooting and death ==