Monday, August 10, 2009

Graham - Horner Divorce 1856

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Amanuensis Monday, hosted by John Newmark at Transylvanian Dutch.

I have been trying to transcribe some records in addition to the letters. This is yet another divorce petition found online in the Munice/Delaware County Digital Resource Library.

Margaret Doughty Horner was the daughter of Littleton Doughty. Her sister, Elizabeth Doughty Graham had obtained a divorce in 1855 and was represented by the same attorneys. There are no papers telling the outcome of the suit in the file, however Joseph Horner remarried in 1858 so I assume the divorce was granted.

State of Indiana, Delaware County
In the Delaware Circuit Court
September Term 1856.

Margaret S. Horner, plaintiff
complains of Joseph Horner, defendant, and
says that the parties were in the month of
March, 1847, at the county and State afore-
said, duly and legally married, and for
some time thereafter lived and cohabited
together as husband and wife.
Plaintiff says that ever since their said marriage
defendant has utterly failed and refused to
make any, and sufficient provision for hi
wife and family. She says he has frequently
during said marriage abandoned plaintiff
leaving her and her children entirely u-
provided for: that at one time your the
plaintiff had been confined to her bed in
child birth, and that when the child then
born was two weeks old, said de-
fendant abandoned plaintiff, leaving no
one in or about the house to take care of her,
when she at the time was unable to leave her
bed, and without food or clean clothing
in the house, and no wood about the
house, and that defendant on that occasion
absented himself from his home and

page 2

family for three successive months,
and during that time failed entirely to supply
by himself or others, the wants of his family.
She further says that on the 13th day of July
1856. said defendant abandoned plaint-
iff without any intention of ever returning
and has since lived separate and
apart from plaintiff, and that he has
given out in speeches that he will never
return, and never provide for his said
family. Plaintiff says she is a bonifide
resident of the County and State aforesaid.
Plaintiff further says that there are children
the issue of said marriage, towit:

[several blank lines]

and that she is of right entitled to and best qualified
for the care and custody of said children.
She therefore demands judgment of
divorce and for the care and custody
of said children

Buckles & Shipley, Attys
for plaintiff
August 9, 1856


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