Tag Archives: Hall

Drunkenness, Death Threats, and a Divorce Petition

On the 5th of February 1902, Sarah Ellen (Hall) Hoffman of Ashton, Osceola County, Iowa, who was then forty-four years old, signed her name to a petition that she sincerely hoped would grant her a divorce. John Hoffman was her second husband; her first husband had died of an accidental gunshot wound, and it was now eighteen years since she had remarried. As detailed in the statement of facts prepared for the court by her attorney, O. J. Clark, this marriage was now in shambles.¹

It was established that the plaintiff and the defendant had lived together since the time of their marriage – except recently, as “the defendant has been away from home considerable.”² It was added, “At times he will work and earn money, but will not use any of his earnings to or for the support of the family, but will stay at home most of the time helping to eat up what the plaintiff and children earn.”³ Then, the chilling details of their marriage spilled forth:

“That the plaintiff has always conducted herself toward the defendant as a loving and dutiful wife, but that the defendant, disregarding his duties towards your petitioner, has always been abusive and ugly towards her, and of late years has become brutally coarse, violent and vulgar towards your petitioner, often calling her the most vile names in the presence of her children and so does without any cause therefore, often striking, kicking and otherwise abusing your petitioner, without cause, often leaving black and blue marks on the person of your petitioner for weeks at a time as the result thereof. That at times the defendant, without cause, threatens to kill your petitioner, threatens to put a hole through your petitioner’s body, threatens to cut her heart out and to kill your petitioner with a knife. That on one occasion said defendant attempted to carry out his threat of killing your petitioner with a butcher knife, and attacked her therewith, when her daughter in attempting to prevent defendant’s harming your petitioner, received the blow with the knife herself on the hand, cutting the cord to one of her fingers off and otherwise injuring her hand, so that she has very little use of said finger, and thus, to that extent has made her a cripple for life. That the threats thus made, the kicking and striking are of very frequent occurrence when he is at home, that he sleeps with his clothes on, and at times in the night will begin his abuse of your petitioner without cause, and threaten to kill her with his knife, and will begin to open and shut his knife so that the plaintiff can hear it click and thus frighten her and worry her all night at a time.”⁴

Osceola County, Iowa, Circuit Court File 3036, Sarah E. Hoffman v. John Hoffman, for “Petition in Equity,” 20 March 1902; Clerk of District Court, Sibley. The surname Hoffman appeared in this text as Huffman, but in some instances the “u” was overwritten with an “o.” Thus, I have transcribed the name as Hoffman.

In recent years, the defendant had become “addicted to the use of intoxicating liquors, and is an habitual drunkard, which habit he has acquired since their said marriage.”⁵ The statement continued, “That the plaintiff’s health has become undermined and broken, and if this treatment continues her health will give out entirely and she fears she will die there from – if the defendant does not in fact kill her outright.”⁶ It’s truly appalling to think what my third great-grandmother must have endured, and it’s to her credit that she had the strength to initiate a divorce at this time.

It would be interesting to learn what grounds for divorce were required in Iowa in 1902; apparently, in this case, habitual drunkenness, horrific abuse, and failure to provide support were sufficient. The divorce was granted in March of that year, at which time Sarah received custody of the couple’s teenage son, possession of the kitchen and household furniture, a return to her former name, and, most importantly, a chance for a better life.⁷

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A Sad Accident: The Death of George W. Fenton

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George W. Fenton of Saline County, Kansas, was a young father of three when he was accidentally shot and killed by his brother-in-law on 9 October 1880.¹

Saline County, Kansas, “Marriage Affidavits, 1873-1879,” p. 43-44, George W. Fenton and Sarah Hall marriage, 11 June 1873; digital images, FamilySearch, “Kansas, County Marriages, 1855-1911,” (https://www.familysearch.org : accessed 18 September 2013).

George, the American-born son of English immigrants, was raised in Ohio and Illinois and was orphaned around the age of ten. He ventured to Kansas as a young man, no doubt seeking opportunity and adventure on this new frontier. In 1873, at the age of twenty-two, George married Sarah Ellen Hall, who was barely sixteen, though she claimed to be a year older.² They settled near her mother and siblings by Gypsum Creek in Saline County, Kansas, and it was there that they raised three daughters: Minnie Bell, Alpha Doretta, and Anna Leota Fenton.³

The tenth of October 1880 was a Saturday. Farm chores were put aside for the afternoon, as George, Sarah, and their young daughters gathered at Sarah’s mother’s home with a crowd of neighbors and kin. Perhaps they were celebrating a successful harvest, or perhaps it was simply a good time to enjoy the early autumn weather, to catch up, and to let the children play.

Also in attendance that afternoon was Sarah’s elder brother, Elithan Davis “Bud” Hall, who fell between Sarah and George in age, and no doubt thought well of George as he, as Sarah’s oldest living male relative, had granted permission for their marriage seven years before.⁴He and George were talking of hunting when he reached for the double-barreled shotgun behind the door, teasing his nieces Bell, six, and Alpha, four, that he was going to shoot their dog. His niece Leota, at seven months old, was still too young to play along, as was Bud’s own daughter, Gracie, just over a year.⁵ As Bud raised his shotgun in jest, however, presuming it to be unloaded, it discharged – sending a bullet straight above George’s heart.⁶

George was mortally wounded, and lived only an hour more on that fateful October afternoon. His death was ruled purely accidental at the inquest held two days later, when five witnesses testified in front of a jury. The Salina Herald headlined the incident as a “Sad Accident,” and added, “The thing to be condemned [is] the careless handling of firearms.”⁶The Journal (Salina), detailed, “Hall is nearly distracted over the result of his carelessness. The brothers-in-law were the best of friends – no trouble ever having occurred between them.” The frequency of such accidents was noted with sorrow, and it was questioned, “Will people never learn better?”⁷

George W. Fenton was buried at McQuary’s Graveyard on Gypsum Creek.⁸

SOURCES
¹Saline County, Kansas, Coroner’s Records, “Fenton, George,” filed 10 October 1880; database, Smoky Valley Genealogical Society, “Saline County, Kansas Coroner’s Records” (http://www.rootsweb.ancestry.com/~kssvgs/ : accessed 18 September 2013).
²Saline County, Kansas, “Marriage Affidavits, 1873-1879,” p. 43-44, George W. Fenton and Sarah Hall marriage, 11 June 1873; digital images, FamilySearch, “Kansas, County Marriages, 1855-1911,” (https://www.familysearch.org : accessed 18 September 2013).
³1880 U.S. census, Saline County, Kansas, population schedule, Eureka Township, enumeration district (ED) 300, p. 204 (stamped), dwelling 102, family 110, George W. Fenton; digital image, Ancestry.com (http://www.ancestry.com : accessed 18 September 2013), citing National Archives microfilm publication T9, roll 396.
⁴Saline County, Kansas, “Marriage Affidavits, 1873-1879,” p. 43-44, George W. Fenton and Sarah Hall marriage (1873).
⁵1880 U.S. census, Saline County, Kansas, population schedule, Gypsum Township, enumeration district (ED) 300, p. 12 (handwritten), dwelling 82, family 90, Elithan D. Hall; digital image, Ancestry.com (http://www.ancestry.com : accessed 18 September 2013), citing National Archives microfilm publication T9, roll 396.
⁶“Sad Accident,” The Salina Herald (Salina, Kansas), 16 October 1880, copy of newspaper clipping privately held by Melanie Frick, 2013.
⁷“A Sad Accident, The Journal (Salina, Kansas), 14 October 1880, copy of newspaper clipping privately held by Melanie Frick, 2013.
⁸“Sad Accident,” The Salina Herald (Salina, Kansas), 16 October 1880.

When Did He Die? Clues From a Probate File

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This year was the first that I attended the NGS Family History Conference, and I never could have imagined how much I would learn from each and every lecture that I attended there. I was always left with the urge to rush back to my hotel room to open up my laptop and try out a new research trick, or to look at a record in a different way. One of the many inspiring lectures that gave me some food for thought was the Helen F. M. Leary Distinguished Lecture, “Trousers, Beds, Black Domestic, Tacks, and Housekeeping Bills: ‘Trivial Details’ Can Solve Research Problems,” by Elizabeth Shown Mills.¹

This lecture stressed attention to detail, in particular the information and significant dates that could be gleaned from probate records and household bills. For example, a doctor clearly wouldn’t continue to attend and bill a patient after they had died, and the purchase of items needed for a burial, including a coffin or, less obviously, a new suit of clothes, could also suggest a date of death.² When contemplating this, I immediately thought of my ancestor Elithan Hall of Washington County, Illinois; details of his life are few and far between, but I did possess a copy of his probate file.

Within the probate file for Elithan Hall was a petition that stated that he had died on an unspecified date in March of 1859. This petition was not created until 1866, but seemed to be the most reliable document referencing the date of his death.³ After attending Elizabeth Shown Mills’ lecture, however, I recalled that the probate file had included quite a few miscellaneous bills. I wondered if one might suggest a more specific date of death, and I could hardly wait to reexamine the contents of the file to see whether I had overlooked any details before.

Washington County, Illinois, Ellerton Hall probate file, Box 34, County Court; Illinois State Archives, Springfield.

As it turns out, I most certainly had. To be honest, the facts became almost embarrassingly obvious! Within the probate file was a doctor bill, which stated, “1860: From April 26th to May 5th for Medical Attendance during his last sickness.”⁴ There was another bill as well, signed by a different man: “From January 27th 1860, To May 9th 1860, To Sundries including burial expenses.”⁵

Last sickness? Burial expenses? From these seemingly minor details, I realized that Elithan Hall had likely lived more than a year longer than the date on the petition, which I had blindly accepted although it was created more than five years after the fact. In reality, Elithan Hall likely died in Washington County, Illinois, on 5-6 May 1860, and was buried no later than 9 May 1860.

What surprising clues have you found in a probate file?

SOURCES
¹ Elizabeth Shown Mills, “Trousers, Beds, Black Domestic, Tacks, and Housekeeping Bills: ‘Trivial Details’ Can Solve Research Problems,” National Genealogical Society Family History Conference: Las Vegas, 2013.
² Elizabeth Shown Mills, “Trousers, Beds, Black Domestic, Tacks, and Housekeeping Bills.”
³ Washington County, Illinois, Ellerton Hall probate file, Box 34, County Court; Illinois State Archives, Springfield. Ellerton was a variation of the name Elithan.
⁴ Washington Co., Ill., Ellerton Hall probate file.
⁵ Washington Co., Ill., Ellerton Hall probate file.