05 February 2011

Divorce Action in Williams County, Ohio - Hart (Roll 48)


Rosetta Barrus Hart v George W. Hart (Journal 15 p186 – Jan 1890; Roll 48 Box 159 case number 2176) – 1890 (see George Byron Metzler v Arvilla Sedalia Hart Metzler divorce proceedings)

By Pamela Pattison Lash (updated 25 December 2011)

The couple was married on 18 Dec 1859 in Morenci, Lenawee Co, MI. (Online marriage record states the couple was married on 22 Dec 1859.)

Rosetta charged that on 25 Nov 1888 George committed adultery with Samantha Geeseman at their home in West Unity and has done since at diverse times and places.  She also charged George with drunkenness.  It would appear, although not stated, that the divorce action was dismissed as evidenced by the 1900 federal census below; this is verified by the Journal 15 p186, which stated the divorce action was dismissed.

Rosetta Barrus Hart, was the daughter of unknown Hammond and Ellenor Taylor; she was born on 15 Sept 1828 in Maine and died on 18 Sept 1912 in West Unity, Brady Twp, Williams Co, OH.  On her son’s death certificate she was identified as Rosetta Taylor.  Rosetta was buried in Floral Grove Cemetery, West Unity, Brady Twp, Williams Co, OH next to her husband, George W. Hart (1834 – no date); George has a Civil War marker.

Children:
1. George W. born 18 Dec 1860, OH; died on 17 July 1913 in West Unity, Williams Co, OH; buried in Floral Grove Cem
2. Sedalia Lillie A. born 1867; died as wife of GB Metzler on 3 Jan 1887 @ 19Y 7M along with her son Clarence V. Metzler, died 29 Apr 1886 @ 10M 14D; they are both buried beside her parents

1864 Williams Co, OH Atlas – George Hart, Jefferson Twp, Sec 32N

George Hart was a CW veteran with service in Co H 164th OVI.

1870 Franklin, Fulton, Ohio; Roll: M593_1202; Page: 91B; Image: 186; Family History Library Film: 552701
PO West Unity
h/h 161/173 Hart, George 36 OH engineer
Rosa 41 ME
Augusta 14 IL
George 9 OH
Lillie 3 OH

1874 Williams Co, OH Atlas – George Hart, Jefferson Twp, Sec 32

1880 Brady, Williams, Ohio; Roll: 1077; Family History Film: 1255077; Page: 514A; Enumeration District: 5; Image: 0662.
h/h141/153 Hart, George 45 OH-PA-VA engineer
Rosetta 51 wife  ME-ME-ME
George W son 19 OH-OH-ME day laborer
Sedalia dau 13 OH-OH-ME

1900 Brady, Williams, Ohio, Roll: T623_1332; Page 7A; Enumeration District: 100.
h/h  189/194 Hart, George W (July 1833) 66 mar 41Y OH-NY-VA
Rosetta wife (Sept 1828) 71 7/4 ch ME-ME-ME

1910 West Unity, Brady, Williams, Ohio; Roll: T624_1241; Page: 7B; Enumeration District: 0117; Image: 616; FHL Number: 1375254.
Jackson St
h/h 215/220 Hart, Washington H 76 mar 56Y no occup OH-OH-OH
Rosetta wife 82  2/1 ch  OH-OH-OH

The lady accused of adultery with George Hart, Samantha McGance Geeseman, married Jeremiah Daniel Geeseman, 22 July 1865 in Williams Co, OH (Marriage V3 p449) and the couple was found in 1870 West Unity, Williams, Ohio; Roll: M593_1282; Page: 19A; Image: 41; Family History Library Film: 552781. Birth records for her children also show her maiden name to be McGance.

1880 Jefferson, Williams, Ohio; Roll: 1077; Family History Film: 1255077; Page: 525C; Enumeration District: 6; Image: 0684.
h/h 149/161 Giesman, Daniel 38 Oh-OH-OH carpenter
Samantha 28 wife OH-OH-OH
Hester A 13 dau OH-OH-OH
Emma W 11 dau OH-OH-OH
Elmer 8 son OH-OH-OH
George F 4 son OH-OH-OH
Cora 1 dau OH-OH-OH

1900 Brady, Williams, Ohio; Roll: T623_1332; Page: 9A; Enumeration District: 100.
h/h 230/231 Geeselman, Samantha widow (June 1848) 51 OH-Ire-unk living with her son Elmer

She again appeared in the Brady Twp, Williams Co, OH federal census for 1910 p10B as a 62 year-old widow living with son Elmer and a boarder, but disappeared by 1920.  There is a Jeremiah Geeseman and wife Susan buried in Floral Grove Cemetery, West Unity, OH, but it has not been yet established if Samantha is this Susan.


04 February 2011

Divorce Action in Williams County, Ohio - Elkins Journal 14 and 15; (Roll 48)

Sarah Rinkle Klopenstein Elkins v Ellsworth E. Elkins (Journal 14, Journal 15 p101 - 16 Nov 1889; p116 - 22 Nov 1889; Roll 48 Box 159 case number 2138) – 19 Nov 1889

By Pamela Pattison Lash (updated 8 December 2011)

The couple was married in Williams Co, OH on 25 Sept 1884 (Marriage V5 #527).  Sarah said they were living separate and in her deposition she categorized herself as destitute.  Sarah asked for alimony.  She had two minor children from her first husband (Klopenstein).  She’s had to labor in the fields for money.

Sarah’s mother, Sarah Rinkle, stated that on 18 Nov 1889 she was living separate from Ellsworth.  The Elkins family lived with her and then they moved to Bryan because she (Sarah Rinkle) asked them to leave.  Later she moved in with them.

In his deposition Ellsworth said his wife lied.  He’s supported her, her children, and his mother-in-law.  At his home in Bryan he asked his mother-in-law to leave so he could have some peace but Sarah Rinkle wouldn’t budge.  The boys are unruly, especially the older one.  Ellsworth would like his wife and the younger son to live with him.  His mother-in-law is verbally abusive to him but he would like this case to be dismissed. 

The case notes contain a laundry list of personal property belonging to each party.  Sarah Elkins also wanted an injunction to keep her husband from selling the real estate. The injunction was requested on 16 Nov 1889; Sarah requested alimony on 22 Nov 1889 but Ellsworth asked for the case to be dismissed.  A divorce was eventually granted.

At the risk of advertising my own work, much of Ellsworth’s family connections are detailed in my booklet, Native Sons Gone Wrong: A Genealogical Account of Murder in Bryan, OH, 2001 (WCGS publication).  Ellsworth’s step-brother, William B. Elkins, was arrested, tried, and found guilty of murdering Arthur Brown.  He served 4 ½ years at the Ohio State Prison.

Ellsworth Elza “Dolly” Elkins (7 May 1861 Williams Co, OH – 4 Jan 1936, Toledo, Lucas Co, OH) was the son of William Oliver Elkins and Sarah Furr.  The couple was married in Morenci. Lenawee Co, MI on 4 July 1853.  After his mother’s death WO Elkins married Mary Adaline Mankins on 12 May 1864. 

Ellsworth married Agnes McCollough (31 Oct 1878, Toledo, Lucas Co, OH – 29 Feb 1920, Toledo, Lucas Co, OH) on 1 Dec 1894 in Williams Co, OH (Marriage V6 #1305).  They the following children: Helen born 4 Jan 1896, died 18 Jan 1909 Toledo; Earnest born 11 June 1897, died 15 Oct 1928 Toledo; Lylah Nancy, born in Toledo, OH on 3 Feb 1899, an unnamed daughter 1 Jan 1902-4 Jan 1902, and unnamed son born 8 Feb 1919-11 Feb 1919.

He married an Ella sometime after Agnes’ death in 1920.

Sarah Rinkle was born c1849 in NY to French immigrant parents Frederick and Sarah Rinkle.  The Rinkle family was enumerated in the 1850 Center Twp, Williams Co, OH federal census p73 as Fred 26 FR, Sally 25 FR, and Sally 1 NY.  They were listed in the 1860 Bryan, Pulaski Twp, Williams Co, OH federal census p33 as Frederick 36 ELS shoemaker, Sarah 36 ELS, and Sarah 11 NY.

Sarah’s father died c 3 Mar 1863 as evidenced by his estate probate (#740).  Her mother, Sarah Rinkle died 17 May 1899 in Toledo, Lucas Co, OH, and possible first husband, Jacob Kloppenstine, are buried beside one another in the Fountain Grove Cemetery but do not have visible markers.


31 January 2011

Divorce Action in Williams County, Ohio - Babinger (Roll 48)


Dora Mary Slusser Babinger v Lewis Babinger (Journal 15 p201 – 3 March 1890; Roll 48 Box 161 case number 2146) – Mar 1890

By Pamela Pattison Lash (updated 14 May 2012)

The couple was married on 15 Jan 1882 in Hillsdale Co, MI (Marriage E p346).

Dora charged Lewis with extreme cruelty.  He made threats and raised a glass fruit jar against her face.  This coupled with disrespectful language and humiliation in front of her friends and the community at large prompted her to seek this action.  The couple had a five-year-old son.  The proceedings were dismissed on 3 March 1890.  They were later divorced in 1908 according to an online source plus my findings in census records and later marriages for both parties.  It is not known at present where the final divorce took place.

This is what is know of the principals:

Louis Babinger (3 May 1862/1863 Williams Co, OH – 22 Feb 1946 Defiance, Defiance Co, OH) son of Louis Babinger, SR. (15 Aug 1825 Alsace, France – 24 Aug 1902 Stryker, Springfield Twp, Wms Co, OH – Death V3 p10) and Martha Magdaline Hoplinger, married 3 Jan 1856, Stark Co, OH; Martha Magdaline (15 Aug 1838 Stark Co, OH – 21 Aug 1897 Stryker, Springfield Twp, Wms Co, OH – Death V3 p7)

Louis Babinger, Jr. married a third time prior to his death; his wife’s name was Amelia.

Dora Slusser (4 June 1866 Wms Co, OH – aft 1910) d/o Samuel Slusser and Rachel Garlinger who were married in Wms Co 1 Aug 1866 – Marriage V3 p588; Dora married a second time with a likely divorce as well.

Initially I thought this - Dora Slusser has very early lineage in Williams Co, OH.  Her great-grandparents may be:

Thomas Jefferson Prettyman (4 July 1790 Sussex Co, DE – 4 Aug 1835 Williams Co, OH) and Lydia Wyatt (17 May 1792 Sussex Co, DE – 28 July 1844 Williams Co, OH)

Their dau Mary M Prettyman (16 Sept 1817 OH – 17 May 1861 Williams Co, OH; m Jones Peter Slusser, 1 May 1837 in Williams Co, OH – Marriage V1 p24; he born 25 May 1811 NY – 1 May 1867 Williams Co, OH)

Their son Samuel Slusser married Rachael Garlinger (Nov 1840, PA – 24 May 1903 Bryan, Williams Co, OH – Death V3 p125) – see Miriam Garlinger Lawson divorce detailing for more information on this side of the family

Here is a timeline for the Babinger/Slusser family.

1850 Springfield, Williams, Ohio; Roll: M432_741; Page: 97A; Image: 192. – Slusser family in Wms Co, OH

h/h 415/424 Slusser, James 39 NY farmer 
Mary 32 OH
Thomas 12 OH
Lydia 10 OH
Samuel 7 OH
Mary 5 OH
Prettyman, Margaret 16 OH


1860 Springfield, Williams, Ohio; Roll: M653_1052; Page: 64; Image: 132; Family History Library Film: 805052. - under James and Mary Plussen
h/h 1012/972 Plussen, James 49 NY farmer
Mary 43 OH
Thomas 22 OH
Lydia 19 OH
Mary 15 OH
Marian 8 OH
Allen 1 OH
Alice 1 OH
Note - Samuel is not in this record

1860 Springfield, Williams, Ohio; Roll: M653_1052; Page: 73; Image: 149; Family History Library Film: 805052. – Popinger/Babinger family in Wms Co, OH

1864 Williams Co, OH Atlas – J. Slusser, Springfield Twp Sec 28,29

1870 Springfield, Williams, Ohio; Roll: M593_1282; Page: 205A; Image: 415; Family History Library Film: 552781.
h/h 5/5 Papinger, Louis 45 FR farmer
Lena 30 OH
Joseph 13 OH
John 10 OH
Michael 9 OH
Louis 8 OH
Frank 7 OH
Mary 2 OH

1870 Springfield, Williams, Ohio; Roll: M593_1282; Page: 215B; Image: 436; Family History Library Film: 552781.
h/h 161/161 Schlesser, Samuel 25 OH farmer
Rachel 27 PA
Mary D 3 PA
John 1 PA
Snook, Nancy 16 PA
(Note the surname is Schlesser not Slusser and children were listed as PA natives.)

1874 Williams Co, OH Atlas – L Babinger, Springfield Twp Sec 27

1880 Springfield, Williams, Ohio; Roll: 1078; Family History Film: 1255078; Page: 681C; Enumeration District: 13; Image: 0223.
h/h 337/360 Babinger, Louis 55 Germ-Germ-Germ farmer
Martha 42 wife 42 OH-Germ-Germ
Joseph 23 son OH-Germ-OH farm worker
John 21 son OH-Germ-OH farm worker
Michael 20 son OH-Germ-OH farm worker
Louis 18 son OH-Germ-OH farm worker
Frank A 17 son OH-Germ-OH
Catherine 13 dau OH-Germ-OH
Anna 5 dau Oh-Germ-OH

1880 Springfield, Williams, Ohio; Roll: 1078; Family History Film: 1255078; Page: 671C; Enumeration District: 13; Image: 0203.
h/h 183/193 Schlosser, Samuel  27 OH-MD-PA farmer
Rachel 29 wife Pa-PA-OH
Dora M  dau 12 OH-OH-PA
William  son 11 OH-OH-PA
Martha J dau 9 OH-OH-PA
David 6 son OH-OH-PA
Andrew 3 son OH-OH-PA
Clod (m) 2 son OH-OH-PA

Note – living next door to Andrew and Catherine Schlosser who already has a son Samuel S aged 19 living with him
Note – ages should be Samuel 37 and Rachel 39
Looking at this census more closely, it could be that this Samuel belongs to the following based on the birthplaces of his parents - MD and PA:

Samuel Slusser/Schlosser (1804 MD - )
Nancy Mays (1809 PA – 11 Nov 1885)

1850 Tiffin, Defiance, Ohio; Roll: M432_674; Page: 51B; Image: 615.
h/h 685/685 Slusser, Samuel 42 MD farmer
 Nancy 40 PA
Andrew 19 PA farmer
Elizabeth 17 PA
Catherine 15 PA
Lucinda 13 MD
John 10 MD
Ezra 8 MD
Samuel 6 OH
George 4 OH
Isaiah 1 OH

1860 Tiffin, Defiance, Ohio; Roll: M653_947; Page: 414; Image: 281; Family History Library Film: 803947.
h/h 974/962 Slusser, Sam 55 MD farmer
Nancy 49 PA
John 20 MD
Ezra 18 MD
Samuel 16 OH
George 14 OH
Isaiah 12 OH
William 10 OH

1870 Tiffin, Defiance, Ohio; Roll: M593_1195; Page: 178A; Image: 359; Family History Library Film: 552694.
h/h 24/24 Schlosser, Samuel 66 MD
Nancy 61 PA
William 19 OH
Catherine 36 PA
George 6 IN

1880 Tiffin, Defiance, Ohio; Roll: 1011; Family History Film: 1255011; Page: 248B; Enumeration District: 242; Image: 0722.
h/h 98/98 Schlosser, Samuel 73 farmer MD-MD-PA
Nancy wife 69 PA-PA-PA
Note – living next door to son William

More research needs to be done to definitely prove the Slusser relationship.


The couple, Dora and Louis, marry on 15 Jan 1882 in Hillsdale Co, MI.

Birth of son Sylvester Wesley Babinger (19 Jan 1885 West Unity, Brady Twp, Wms Co, OH – 11 Aug 1942 Wauseon, Fulton Co, OH; mar Mrs. Jennie Baer Kent, 20 Dec 1905, Wauseon, Fulton Co, OH) – see Baer/Bear divorce detailings for more

(Civil War service for father Lewis Babinger, SR.) 1890 Veterans Schedule for Springfield Twp, Williams Co, OH - Lewis was Pvt in Co D 38th OVI, living in Evansport, Defiance Co, OH, 10 months in service

1894 Williams Co Atlas – Mary Slusser, Springfield Twp Sec 29
Louis Babinger, Springfield Twp Sec 27

1900 Noble, Defiance, Ohio; Roll: T623_1263; Page: 4B; Enumeration District: 16.
h/h 79/80 Babinger, Lewis  (May 1865) 37 OH-Germany-OH m 18Y child 1/1 farmer, rents home
Dora wife (June 1867) 32 OH-PA-PA 
Sylvester son (Jan 1884) 16 OH-OH-OH
John G brother  (Nov 1858) 42 widower
Francis W nephew  (Nov 1885) 14

14 Sept 1908 Dora Slusser Babinger married Nathan J. Hill in Fulton Co, OH
Nathan J. Hill (1870 – 26 Feb 1958 Wms Co, OH).  It would appear that Dora later divorced Nathan as he married again on 4 Dec 1913 in Lucas Co, OH to Eliza Vrooman.

1910 Delaware Twp, Defiance Co OH p117A; Louis Babinger is listed as divorced OH-Germ-Germ 46 years old, living by himself

28 May 1910, Defiance Co, OH – marriage of Louis Babinger to Mrs. Lizzie Myers, widow, d/o Mordica Fair and Caroline Rochrig; Lizetta (2 Jan 1873 Defiance Co, OH – 20 June 1921 Defiance Co, OH; bur Brunersburg Cem, Defiance Co, OH)

1910 German, Fulton, Ohio; Roll: T624_1184; Page: 11B; Enumeration District: 0009; Image: 302; FHL Number: 1375197.
Lincoln St
h/h 282/293 Babinger, Sylvester 25 mar 4Y OH-OH-OH works in stave factory
Jennie 44 married 2x 2/2 ch OH-NY-NY
Hill, Dora mother 44 married 2x 1/1 ch OH-PA-PA

I can not find Dora Slusser Babinger Hill after 1910 federal census.  






28 January 2011

Divorce Action in Williams County, Ohio - Amsbaugh (Roll 48)

Delilah Jennie Longanecker Hammon Amsbaugh v Samuel Amsbaugh (Roll 48, Box 164, case number 2118) – 12 October 1889 (see Amsbaugh and Longanecker divorces)

By Pamela Pattison Lash

This divorce detailing is a continuation of several earlier cases all dealing with Samuel Amsbaugh.  He was married and divorced three times, all recorded in Civil and Criminal Court records of Williams County, OH.  For more information on his earlier life check the divorce detailing under Amsbaugh, posted here.  Another tip with these divorces is to seek later records because as in this example, earlier statements are found.  Since the Civil and Criminal records are on microfilm, it’s possible that some earlier documents were filed with later proceedings.

An interesting aside before I discuss the divorce – by June 1878 there were multiple mentions in local Bryan newspapers of a fire at the dwelling of Samuel Amsbaugh, who was insured by the Brady Fire Insurance Group.  Roll 42 case number 1506 also sheds more light on some of the events found in Roll 48. 

Our story picks up with the third divorce proceedings found as late as 1889 but really beginning in 1879 with the marriage of Delilah Jennie Longanecker Hammon to Samuel Amsbaugh.  With new information gleaned from the afore-mentioned Roll 48 #2118 the story adds details and provides more insight into the character of Samuel.  The data in red is from what was known from other records.  The new data appears in black.  Hopefully, you as the reader will not be too confused, as I’ve tried to untangle this web of chaos.

On 24 Apr 1879 in Wms Co, Samuel married Delilah Jenny Longanecker Hammon, daughter of Peter and Nancy Reifsnider Longanecker. Delilah was born on 30 October 1838 in Ohio. Delilah had been married before to an unknown Hammon.  This marriage was not recorded in Williams County and since her family moved here from Richland Co, OH sometime between 1860-1870, it may be that she was married in Richland County.  In this detailing there is mention of two known daughters – Elnora b1865 and Mary Alice b1866. Mary Alice Hammon married Jacob A Marsh in Wms Co, OH on 15 Nov 1888 (Marriage V5 #1359). Williams Co, OH Probate has a guardianship case filed on 26 Apr 1881 (case #2310) for a Francis A and Mary A Hammon. If this case involves her children it may be that she needed to protect their financial interests or she was pressured to set up Samuel Amsbaugh as her children’s legal guardian.  This record would be good to consult. Delilah’s obit mentions her being the mother of two sons and one daughter as of 1892.  More research needs to be done to fill in her Hammon relations. From the 1880 Millcreek Twp federal census records the family was listed as Samuel Amsbaugh 58 PA, Delila 42 OH, Cletus P. 9 OH, and Elnora Hammon 15 OH as stepdaughter.

An interesting story appeared in the “Bryan Democrat”, 16 Sept 1886, “Friday’s Bee (Toledo, OH newspaper) published a report of a shooting scrap near Primrose (Millcreek Twp) in which it was stated that Sam Amsbaugh shot John Shaffer through the body; that the wound would probably prove fatal and that Amsbaugh had skipped the country.  Our officers say that no information of that kind has reached them and people from that neighborhood know nothing about this affair”.  From Journal 13 p212 - 2 July 1885; Roll 42 case number 1506, Sept/Dec 1885,  "Anna" Amsbaugh charged her husband Samuel with extreme cruelty and gross neglect and wanted $50 in alimony.  She claimed they had a daughter Mabel.  A divorce was granted.  That’s what the record stated but obviously there was a change of heart.  Another puzzle  - who is this daughter Mabel? In Journal 13 p230 - 5 Sept 1885 one learns that Delila Jane Amsbaugh came before a judge in Defiance County who ordered Samuel to pay her the sum of $100 and set up a fee schedule, which was recorded in Wms Co the next day.  Evidently the divorce was not granted as I found more information about the couple in Roll 48.  What a tangle!

Delilah further stated that on 15 Aug 1885 Sam left her; he was guilty of gross abuse and cruel, profane language.  Prior to this in Jan 1884 he assaulted her with a shovel; on 21 June 1884 he threatened to kill her with a knife, struck her with a clinched fist, grabbed her hair, and struck her in the mouth.  On 7 June 1885 he brandished a long knife and shouted, “I’ll shut you up so damned fine that dogs won’t find you”.  When she separated from him he took all her clothing.  Deliah also said that she had loaned Samuel $119 since their marriage and she wanted her money back even if she has to place a lien on his property which was valued at $9,000 in real estate and $2,000 in livestock.

Roll 48 #2118 (12 Oct 1889) data shows her recounting past details such as:

*Delilah restated the marriage data to Samuel, which corresponds with earlier findings.
*She stated that she had no children with Samuel.
*In Jan 1882 Samuel was cruel to her at their residence in Millcreek Twp where he threatened to kick her, and threw a large piece of wood and struck her; he used profanity.
*Between Aug-Sept 1882 he constantly swore at her.
*In the summer and autumn of 1884 he kicked her, beat her face and called her “a damned whore”.
*Sam in an answer to the court stated that in Apr 1884 Delilah and her daughter assaulted him with a whip and club.  Delilah threatened to shoot him with his loaded revolver.  Delilah left him and did not return for five days.  She used profanity toward him.
*She brought an action of divorce shortly after that but on 22 Dec 1884 she came to court and asked for a dismissal, which was granted.  At that time she stated that Samuel owned 160 acres valued at $7,000; she owned 20 acres in Millcreek Twp herself and had personal property and livestock as well.  She wanted alimony and desired to be restored to her former name of Hammond, but she changed her mind about the divorce.
*On 7 Aug 1885 Sam believed she had committed adultery with John Curlew at the home of James Curlew of Millcreek Twp.
*On 17 Aug 1885 Samuel “did strike and assault James Corlen”.  In court Jennie Amsbaugh appeared as a witness for the state and a Clinton Amsbaugh was a defense witness.  What happened to Samuel in regard to this assault is not known. Note that one record has the assault victim as James Corlen and this divorce record stated the name as James Curlew.

*On 10 Jan 1888 she needed to travel to Alvea/Albia, Iowa as her daughter was dying.  Sam gave his consent to this trip.  Her daughter died on 12 Jan 1888 and after the funeral she needed money to return home, but Sam refused to send her any.  He claimed he did not have as much money as she thought; he had debts.
*On 1 Mar 1888 she said he neglected and abused her.
*On 12 Nov 1889 Delilah filed new divorce proceedings and asked for $100 in alimony. *On 14 Nov 1889 Sam wanted her to stop these new proceedings. 
*She came back to court in June 1890 asking for more money.

The next part of story deals with three witness depositions found in Roll 48.

The first witness was Mary Alice Marsh, 23, housekeeper living in Bryan, OH.  She was Delilah’s daughter and when Mary Alice was 13 she came to live with her mother and Sam.  She stated these details:
*Sam was always cursing her mother and was cross.  He once raised a hammer to Delilah as if to strike her but “I grabbed it away and he slapped me.”  Another time after “my grandfather died, mom was sick.  She asked me to cook supper.  I burned the ribs as I never cooked much before.  He cursed me and his son went to mom’s room and threw a stick at her, and told her to get up and fix something to eat.”
*”One time I spoke to Norman Clay (Sam was always quarreling with him) and Sam later threw me out of the house for consorting with Norman.  He threw my clothes into the mud.  Before I left he choked my mother until her face burned black and her tongue hung out.”

The second witness deposition was taken from Everett Stonestreet who lived on Asher Manley’s farm.  He knew Sam for about 7 years. 
*Everett was working at Sam’s place raking hay when he heard Sam abusing his wife.  He saw Sam “take a butcher knife and ran her around the house and down the road”.
*Another time he saw the couple at the Lyceum in Kunkle.  Mrs. Amsbaugh appeared there in her stocking feet and when I asked her about this she said, “she didn’t have any shoes that fit”.  She said “he took her old pair to Coslet to fix and they were so old and not worth fixing so Sam bought her another pair for $2.50 but they didn’t fit.  I told him I was capable of buying my own shoes”.
*This deposition dipped back to the past as Everett talked about an event on 3 July 1884 when Delilah was gone for a month or two.  By 5 July 1884 Sam had a woman by the name of Vick Smith keeping his house.  Vick was between 27-30 years old.

Philip Wolf who was going to work for the railroad but had worked for Sam and knew him for 11-12 years made the final deposition.  He saw and heard abuse as Sam cursed his wife and hit her with a large chunk of wood.  When she ran from Sam “I stopped him from following her”.

There were documents on Roll 48 that stated after a divorce was granted in 1889 that in Nov 1890 Delilah came back to court and wanted more money.  The court granted her $25 more in alimony and later another $30 plus Sam had to pay court costs.

What is known of Samuel’s later years is that he wrote his will of 1891, as stated earlier, leaving equal shares to son Milo V of Bryan, son Cletus Perry of Alvordton, dau Ceclia A. Bashelier of Parsons, KS, plus grand-dau Goldie Bashelier.  He stated that if after the sale of his property there was a residue, Thomas L. Amsbaugh would be an equal heir to that money.  No ex-wife was mentioned in his will, but Delilah J. Amsbaugh did not die until 23 Sept 1892 @53Y 10M 23D.  Her “Bryan Democrat” obit does not mention any husband or ex-husband.

The following is a federal census timeline for Delilah:

1850 Cass, Richland, Ohio; Roll: M432_724; Page: 204A; Image: 226.
h/h 145/150 Longacher, Peter 30 PA plasterer
Nancy 30 PA
Alfred 8 OH
Delila 11 OH
Ruhema 5 OH
Kaziah 4 OH
Benton 3 OH
Oliver 1 OH

1860 Blooming Grove, Richland, Ohio; Roll: M653_1029; Page: 363; Image: 348; Family History Library Film: 805029.
h/h 1097/1130 Longanecker, Peter 48 PA plasterer
Nancy 40 PA domestic
Delila 21 OH domestic
Alfred 18 OH laborer
Laura 16 OH domestic
Catherine 15 OH domestic
Benton 13 OH
Oliver 12 OH
Marvin 9 OH
Lindsey, Mary Jane 20 seamstress OH
Isabella 21 domestic OH

By 1870 Peter and Nancy Longanecker and family moved to Jefferson Twp, Williams Co, OH; I have not found Delilah in 1870.

1880 Mill Creek, Williams, Ohio; Roll: 1077; Family History Film: 1255077; Page: 493B; Enumeration District: 4; Image: 0622.
h/h 232/237 Amsbaugh, Samuel 58 PA-PA-MD
Delila 42 wife OH-OH-OH
Cletus 9 son OH-PA-OH
Hammon, Elnora 15 step-dau OH-OH-OH
Marks, Marion 19 farmer OH-OH-OH

Bryan Press', Bryan, Williams, Ohio, Thursday 29 Sept 1892, p. 5

Deliah J. Amsbaugh was born October 30, 1838, and died September 23, 1892, aged 53 years, 10 months and 23 days.  She leaves two sons, one daughter, four brothers and two sisters to mourn her loss.  The funeral services were conducted in the English Lutheran Church by the pastor, on Sunday at 2 p.m.

Bryan Democrat', Bryan, Williams, Ohio, Thurs. 29 Sept 1892 p. 5

Mrs. Jennie Amsbaugh, a widow lady who was residing with her brother, Mr. Longenecker on Lynn near Butler Street, died Friday night after a brief illness caused by la grippe. (Note two things – she rated an obit in both rival Bryan newspapers and she was not a widow but a divorcee’.)

Fountain Grove Cemetery, Bryan, OH, WCGS, p26:
Marsh, Jacob A 1859-1923
Mary A, w/o Jacob 1866-1951
Amsbaugh, Delilah J no stone

Here are two records for further study:
Williams Co, OH Probate – Delilah J. Amsbaugh – 30 Jan 1893 – case number 3369 – estate
Civil and Criminal Court Records Roll 52 case number 3189 – Delilah J Amsbaugh estate


27 January 2011

Divorce Action in Williams County, Ohio - Ackley (Roll 48)

The Twin, Runaway, Prisoner, Musician, Drunk, and Much-Married Barber OR Are There Two Dell Ackleys?

Mary Bost Ackley v Del B. Ackley (Roll 48, Box 166, case number 2178) – 18 Mar 1890, Divorce in Williams County, Ohio

By Pamela Pattison Lash (updated 26 Jan 2011)

Mary Ackley stated at the divorce proceedings that she, Mary Bost, married Del Ackley on 18 May 1887 at Edgerton, St. Joseph Twp, Williams Co, OH.  The couple had one living child, a daughter Hattie, who would be 7 months old on 14 Dec 1889.  He was guilty of gross neglect, he failed to purchase clothing and supplies for his family, and he abandoned her about three months before initial filing of 27 Dec 1889.  He left her and traveled to Kansas City, Missouri where he spends money on liquor.  During the summer of 1888 he was intoxicated, ill-treated her, and cursed her.  She had personal property that was now in the custody of James C. Mortland.  She asked to be restored to her maiden name of Bost. A legal notice appeared in the Edgerton Earth for six consecutive weeks.  Del did not respond to any of the charges.  A divorce was granted.

I have a puzzle for researchers – are there two men intertwined in this story or is this man the much-married fellow.  Some facts fit and some do not.  You be the judge.  Here’s what we know:

Dellie Ackley and Mary Bost were married in Williams Co, OH on 18 May 1888 (Marriage V5 #1234).  It’s important to note that Dell B. Ackley has other names mentioned throughout this account; he’s been titled Dell B, Delbert Ignitus, Dep, and Dellie to name a few. 

Delbert Ignitus Ackley, b 22 Feb 1869, St. Joseph Twp, Williams Co, OH, son of Henry Harvey Ackley and Adaline Amelia Haddix Ackley; he was a twin to Gilbert L (Births V1 p6).  His parents were also married in Williams Co, OH on 22 Oct 1865 (Marriage V3 p480).  Father Harvey was a Civil War veteran, having served in Co F 129th Indiana Infantry.

So far Dell’s presence in the 1870 federal census has not been found, but the Ackley family was enumerated in the 1880 federal census as follows:

1880 Hicksville, Defiance, Ohio; Roll: 1011; Family History Film: 1255011; Page: 186B; Enumeration District: 237; Image: 0598.
h/h 467/484
Ackley, HH 33 IN-OH-blank, clerks in store
Adeline 33 OH-VA-PA wife
Irtus 13 OH-IN-OH son
Delbie (Dallas) 11 OH-IN-OH son
Gillis 11 OH-IN-OH son
Nettie 9 OH-IN-OH dau
Nellie 7 OH-IN-OH dau
Vernon 5 IN-IN-OH son
Pearl 4 IN-IN-OH dau

An interesting news article from neighboring Defiance County gave an account of what life was like for the Ackley boys as teenagers.

The Defiance Democrat, 15 May 1884 stated:  “In Defiance, Defiance, Ohio on Sunday last several of our young Americans took it into their heads to act the prodigal son and accordingly boarded a train and started west in high glee. The boys were Charley Wise, ‘Doc’ Ferris, Gil and Dell Ackley. They had been working in the stave factory and drew their wages Saturday. Mr. Ackley took the Ackley boy's money away from them, with the exception of 75 cents each, and the boys thought they couldn't stand it, and accordingly, in the company with the other boys, went west to grow up with the country. The Ferris boy returned the next morning; the Ackley boys were stopped by the authorities near Chicago, by the strength of a telegram sent by their father, while the Wise boy continued on his way to the west. Rumor has it that the Wise boy broke open a trunk belonging to his mother and toke there from $40 belonging to her and a revolver. The Ackley boys returned Wednesday morning. The affair has created quite a sensation as well as anxiety to their parents.”

The next big event as stated before was the marriage of Dell Ackley to Mary Bost in Williams Co, OH on 18 May 1888.  In some records Mary is listed as Mary Post.  Nothing has been uncovered to-date about her other than her marriage to Dell, the birth of her child, and the divorce decree.  The couple had one known child prior to their divorce as found in this birth record.  Note that Mary stated in the divorce action they were married in 1887 but the record is clearly 1888.

Mattie Ackley b 14 May 1889, Edgerton, St. Joseph Twp, Williams Co to Dell Ackley and Mary Post, (Births V2 p118).  From Williams Co, OH Deaths V2 p51 there is an entry for a Hattie Akley of Edgerton, who died on 9 Mar 1890 @9M 26D of inflammation of the bowels; “Hattie” was born in Edgerton.  I believe this Hattie was the daughter of Dell and Mary.  The child’s age if calculated would fit; it’s also important to point out that the old birth and death records are difficult to read and the exact days may not have been recorded in a timely fashion or may have been products of clerical error.  Furthermore, in the divorce action the child is listed as “Hattie” Ackley.  If this is right Mary suffered the loss of her only child and received a decree of divorce nine days later.  Also the divorce action clearly named Mary as Bost not Post.

Dell’s father, Henry Harvey Ackley, received a military pension on 18 Jul 1889 in for service during the Civil War.  Several years later HH Ackley died on 1 July 1891 in Hicksville, Defiance Co, OH.

Online sources show a possible second marriage for Delbert B. Ackley, who married Millie Hornbeck on 20 July 1896 in Vigo Co, IN (Marriage Book 14 p108).  Is this our man?  If so, what happened to Millie?

A second newspaper article, this time from Ft. Wayne, IN, shows a violent side to Dell.

Fort Wayne (Allen Co, Indiana) News, 16 Aug 1897
Like a Fiend
Posse Captures Dep Ackley After a Desperate Struggle

Hicksville, Defiance Co, OH – 14 Aug 1897- Dep Ackley, who almost murdered his twin brother in a duel yesterday and afterwards made his escape to the wood, was captured between 5 and 6 o'clock yesterday after a chase which lasted all night and yesterday.

He was captured in a cornfield south of a small town named Knoxville by a posse. He fought desperately with a knife and club and before finally overcome he succeeded in cutting a man named Backus over the heart. Backus cannot recover. He was not captured until his clothes were torn into shreds and he had been clubbed into insensibility.

Gill Ackley, the brother and victim of the man captured, is still unconscious. After an examination it was found that the carotid artery in the neck had been cut, making a fatal wound. The citizens are greatly aroused over the affair and if Gill dies Dep will be roughly dealt with.

Note that Dell’s brother did not die from this attack.

Two military service records online show the following details:

Dell Ackley from Fort Wayne, IN was a musician serving from 26 Apr 1898 – 1 Nov 1898.

Disable Veteran’s Records show the following: Private, Co I 157th US Infantry; enlisted 26 Apr 1898, Indianapolis, IN; discharged 1 Nov 1898 (6 months service); born OH 52Y old brown eyes, brown hair, 5’5”, baker, res – Hicksville, Defiance Co, OH, mar Catherine Ackley, admitted 20 Apr 1927, Dayton, Montgomery Co, OH Disabled Veterans Home

Company I was organized at Waterloo, DeKalb County, on September 15, 1879, and was assigned as Company A, Third Infantry, designated afterward as Company I, Third Infantry, Indiana National Guard.

According to the 1900 Wayne Twp, Allen Co, MI federal census p1B, Dell Ackley, b Feb 1871, age 30, single, was a prisoner in the state facility and had been there two months.

DeKalb Co, IN divorce records show a Dell Ackley being sued for divorce by Mary Houlton Ackley in May 1900 (May Term 1900 p317). Dell was a musician in the Spanish-American War for DeKalb County, IN.  This marriage/divorce could be related to the divorce action in Williams Co – is Mary Houlton Ackley a newer bride, or is there a second Dell Ackley?

1900 Ft. Wayne, Allen, Indiana; Roll: T623_358; Page: 1B; Enumeration District: 28.
Ackley, Dell (Feb 1870) 30 OH-OH-IN prisoner, single, baker

Two other online sources show possible marriages:
1. Dell B. Ackley married Mary Cook on 25 Apr 1904 in Elkhart Co, IN (Marriage Bk 13 p317)
2. Delbert Ignitus Ackley and Fay M Hayden were married on 24 Aug 1908 in Saint Joseph, Berrien Co, Michigan.

One does know that by 1910 Dell is living at home with his mother.  Could the granddaughter, Ludia N, be his child?

1910  Elkhart Ward 2, Elkhart, Indiana; Roll: T624_347; Page: 15A; Enumeration District: 10; Image: 684.
114 Sycamore St
h/h378/384 Ackley, Adeline A 63 OH-VA-PA widow
Ludia N grand-dau 21 single OH-OH-OH order girl for carriage factory
Delbert B son 41 single OH-OH-OH barber

Another online source shows a further marriage for Dell:

Delbert Ignitus Ackley and Lola Gay Kemper were married on 3 May 1914 in Howard Co, IN. Possible son, Velore Ackley, is listed as son of Albert and Lola Kemper Ackley.  Note that Albert and Delbert are close; could this be the subject of this detailing? By the 1920 federal census one finds Lola G Aekle enumerated as follows:

1920 Liberty, Howard, Indiana; Roll: T625_438; Page: 11A; Enumeration District: 152; Image: 1037.
h/h 282/283 Kemper, Mary
Aekle, Lola G dau 42 divorced IN-IN-IN dressmaker
Velore C grandson 5 IN-IN-IN

Dell received a military pension on 9 Feb 1923 for service in the Spanish-American War.

By 3 Apr 1930 he was a barber at Perkins, Erie Co, OH; he had a wife Katherine, b 1873 in Germany