10 November 2010

Divorce Action in Williams Co, OH - Simmons

Annie M. Hopkins Simmons v Allen B or J. Simmons (Journal 13 p359 - 23 Dec 1885; p418 - 15 Mar 1886; Journal 14 p55/57 - 15 Dec 1886; p198 - Nov 1887; Roll 42 case number 1527 - 16 July 1886)

By Pamela Pattison Lash (updated 2010)

The couple was married in Edgerton, Wms Co, OH on 9 Oct 1880 (Marriage 4 p708).  The couple had children, Mary Margaret (b 25 Jan 1882, Bryan) and St. Elmo Nelson (b 24 Feb 1884, Bryan). Allen Simmons was born on 8 May 1859 in Stryker, OH, the son of James and Margaret Remow Simmons. James Simmons of Stryker, Springfield Twp, Wms Co, OH was enumerated in the 1860 federal census for that location p57B as James 46 PA day laborer, Margaret 23 CE, James 17 OH, Parker 15 OH, Ann 13 OH, Alonzo 9 OH, Orlando 6 OH, Albert 2 OH, Allen 1 OH, and John 19 OH.  In the 1870 Pleasant Twp, Putnam Co, OH federal census p444B the Simmons family was enumerated as James (JW) 55 PA, Margaret 34 CAN, and children Alonzo, Alfred, Albert, Allen 11 OH, Harvey, Margaret, and Samuel.  In 1880 Allen  21 OH lived in Clinton, Fulton Co, OH as a laborer with his sister Ann Tracy and her husband.

Allen stated that on 9 Feb 1886 Annie committed adultery with Grant Kauke in their home and in Bryan.  On 1 May 1886 she was unfaithful at the home of Simon Robbins in Bryan.  On 28 June 1886-1 July 1886 she committed adultery with an unknown man in the home of Milton and Catherine Hugh in Montpelier.   On 1 July 1886 she moved to a house of prostitution in Defiance owned by Amanda A. L. Hatfield.  On 10 July 1886 she committed adultery with unknown men.  Allen wanted custody of the children.

Annie provided an answer and filed a cross complaint; she charged Allen with extreme cruelty.  On 3 May 1881 he struck her in the face.  In Sept 1881 in Defiance he struck her with a piece of shingle.  In Aug 1882 in the home of Mr. Holly of Defiance he struck her hard enough to make her mouth and nose bleed, drew a revolver, and fired at her. In Aug 1885 in Bryan he seized her by the throat and choked her.  On 22 Aug 1885 he did this again plus twisted her wrists and threatened to kill her if she ever told anyone of this mistreatment.  For the past three years he was guilty of gross neglect and provided no necessities of life; she had to live off charity from friends.  Allen was also a drunk.  She wanted custody of the children. 

Allen countersued again on 15 Dec 1886 but the case was dismissed.  Annie brought action in June 1887 when she charged him with gross neglect and extreme cruelty.  A divorce was granted and maintenance of minors and visitation schedule was set up by the court.  According to the 1920 Toledo, Lucas Co, OH federal census p1A, Allen B. Simmons 63 OH lived with his son St. Elmo and daughter-in-law Norma.  Allen died in Toledo, Lucas Co, OH on 28 Oct 1937; his wife’s name was Alzina.

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