April 1857 –
(Benton Co.) E. Hartless vs Lucy Hartless – judgment for plaintiff;
“papers (to) be sent down to Benton Co. for trial.”
Oregon Territory }
Benton County } S.S.
In the U.S. District Court in the first Judicial District in and for Said
Territory April tenth, A.D., 1857
Eldridge Hartless, Ptff }
VS
Lucy Hartless, Deft. }
The above named plaintiff complains of said deft. And shows to this court that
on or about the 11th day of October A.D. 1843, he was then married to said
defendant in the County of Koskiusko in the State of Indiana and that on ore
bout the 25th day of September A.D, 1846, they removed to this Territory and
County. That said Plaintiff continued to live and cohabit wit said defendant as
her husband in said territory until about the 25th day of February A.D., 1856,
that the fruit of said marriage were four children, named Emaline, Sarah,
William Henry and Virginia. That during all said time, this Ptff. Faithfully
discharged his duties as husband of said deft. And at all times treated her with
kindness and forbearance (sic) and the ptff further says that on divers[e]
occasions while this plaintiff cohabited with said defendant as aforesaid she
was guilty of harsh and cruel treatment rendering life burdensome, and of such
conduct toward him as to render it unsafe to cohabit with her, and the plaintiff
further shows that the said defendant is a woman of unfavorable temper; that on
many occasions she addressed to him the most opprobrious epithets and threats,
believing that she would carry the same into execution said plaintiff was
obliged on or about the 25th of February A.D., 1856 aforesaid to cease
cohabiting with her as his wife. Wherefore the said plaintiff prays that a
separation forever from bed and board according to the statute no such case made
& provided may be adjudged by this court between the Ptff & the said defendant.
That it may also be adjudged that the Ptff have the care & custody & education
of said children and such of this & further relief as this court may deem proper
to grant. S.J. Thayer, Ptff. Atty.
Oregon Territory }
Benton County } S.S.
Eldridge Hartless being duly sworn deposes and says that he is Ptff in the above
entitled action that he heard the foregoing complaint read and knows the
contents thereof & that the same is true of his own knowledge.
Subscribed & sworn before me Eldridge Hartless
This 17 day of March A.D. 1857
______Dunning (?) Clerk by
T.H.B. Odneal (?) deputy
Attes: _________ Clerk
Oregon Territory }
Benton County } S.S.
In the U.S. District Court in & for the first Judicial District in & for said
territory fall session, A.D., 1857
Eldridge Hartless, Complainant
VS
Lucy Hartless, Defendant
The Complainant Eldridge Hartless for a supplemental bill in the above edited
[?] action respectfully shows to this court that previous to the marriage of
said complainant to defendant as alleged in said original bill. As complainant
in informed and believes. The said defendant had been engaged to a young man in
the State of Indiana and had been disappointed in not marrying said young man,
which disappointment of said defendant was unknown to this complainant at the
time of the marriage of complainant as aforesaid. Complainant further shows to
this court the said disappointment of said defendant as aforesaid is the real
cause of said defendant’s insanity. She having placed her affections upon said
young man as aforesaid and being disappointed in not marrying him has crated the
dislike and hatred which said deft. Has continually manifested toward
complainant for the past several years. And finally resulted in her insanity by
reason of which said deft. committed a fraud upon said complainant and this
complainant further shows unto this court that he is informed and believes and
charges that the fact to be that the said defendant disregarding the solemnity
of the marriage vow, of complainant with her as aforesaid committed adultery at
diverse times and places, especially on some day or days during the year A.D.
1853, but on what particular day or days said complainant is ignorant in the
County of Benton and Territory aforesaid did commit adultery and have carnal
connections with an individual whose name is unknown to complainant – which
adultery was committed by said defendant while said complainant was absent from
the Territory and on business in the State of California. That a child was the
fruits of said illicit connection which was begotten during the absence of said
complainant as aforesaid, was born on or about the 2nd day of May A.D., 1853.
Complainant further shows unto this court that since said time and during the
year A.D. 1854 and 1855, said defft. Has made propositions to have illicit and
carnal connections with one Jeremiah Lilly, and that said defendant has not been
true to marriage vow as aforesaid during said last mentioned years as he verily
believes, and that complainant was wholly ignorant of the aforesaid acts of
adultery and propositions to have carnal connection with Jeremiah Lilly, as
aforesaid until or about the 20th day of October, A.D., 1857, the he had not
voluntarily cohabited with her since the discovery thereof and that said
adultery remains wholly unforegiven [sic] by said complainant and was committed
by her without his consent, convenience, _________, or procurement.
Wherefore Complainant prays that a separation from the marriage contract
according to the statutes in such case made and provided may be adjudged by this
court between complainant and said deft. and, that the complainant may have such
other and further relief in the premises as the court may deem proper to grant.
A.J. Thayer, Ptff. Attn.
Oregon Territory }
Benton County } S.S.
Eldridge Hartless, being duly sworn, deposes and says that he is deff. In above
entitled action, that he has heard the foregoing supplemental bill read and
knows the contents thereof and that the same is true of his knowledge except as
to the matters therein stated on information and belief and as to those matters
he believes it to be true.
Subscribed and sworn before me this 7th day of Nov. 1857 ________Clerk
At the term of the United States District Court in and for the first Judicial
District of Oregon Territory here at the Court House in Salem in said District
on the 19th day of November A.D., 1857, - present the Hon. George H. Williams,
Judge. E. J. Harding, Clerk
E. Hartless VS Lucy Hartless
Now on this day came the plaintiff by Thayer, his Atty. and the defendant by
Chapman, her atty. And the court upon the consideration of all the facts and
circumstances of the case, orders and decrees that the bonds of matrimony
heretofore existing between the parties be and the same are hereby dissolved and
held for naught. And id is further ordered that plaintiff have the custody of
the minor children of the parties, and it is further ordered that the plaintiff
pay to defendant or for the use of defendant or some person lawfully authorized
to receive the same for defendant, the sum of $500 per annum, it being
understood that this decree as to said children and allowance to defendant and
property of the parties is temporary subject to be changed upon reason shown by
either party and this decree is in no way to affect the rights of defendant to
any property. And it is further ordered that plaintiff pay one hundred and
twenty-five dollars to defendant’s attorney, his fees for defending this cause
by appointment of this court, and that Ptff. Pay costs of this suit and that
execution issue therefore. Attest: E. J. Harding, Clerk
Additional Comments:
After the divorce, Lucy Willett Hartless was taken to live with Eldridge's
brother, Aldolphus, in Greene County, Illinois where she is found living with
him in 1860 and marked as insane. She was later committed to the state mental
hospital and in 1880 is living in the "poor house." A physician's report
presented in 1892 to the Greene County Board of Supervisors states that Lucy is
still living in the "poorhouse", termed an inmate and that she had been there
since 1872. No other records on Lucy have been found. It is assumed she died
and was buried in an unmarked grave in the county cemetery where the poor were
interred.
After Eldridge took Lucy back to Illinois, she was never spoken of again within
the family. In fact, the family thought Lucy died shortly after daughter
Virginia's birth in 1856. They were never told of the fact that Eldridge
divorced Lucy and accused her of adultery nor that she was living in Illinois.
This information came to light only after this extensive genealogical study. It
makes one wonder if the infidelity was true or just used to expedite the
divorce. We will never know for sure.
~ Judicial District Court Journals for 1849-1860
You can visit the memorial page for
Eldridge Hartless.
