In July 1889, Dr. Handy filed for divorce. The town gossip was that Handy wanted to marry another woman he had been seeing, Pansy Smith. Due to her husband's continual threats, Mary had difficulty finding an attorney. When C.W. Wright agreed to represent her, he asked Heney to assist him, who reluctantly agreed, and Wright promptly withdrew from the case. Heney refused to continue on his own, and Mary Ann went from attorney to attorney seeking representation. Eventually Heney agreed to reconsider. Handy let it be known that he would kill any attorney who dared defend Mary Ann. When Heney agreed to become her attorney, Handy stated to a court clerk, "I will kill him! Mary Ann is a morphine fiend and a common slut. She does not deserve ."