Divorces by the Pennsylvania Supreme Court, 1785-1815

DIVORCES BY THE PENNSYLVANIA SUPREME COURT 1785-1815 I n Pennsylvania, some divorces were granted by the Supreme Court. 1 The first volume of The Pennsylvania Genealogical Magazine included a listing of ninety-nine divorces granted by that court between 1785 and 1801. 2 The source of the entries is not given. Since that time, the loose Supreme Court divorce papers have been organized and microfilmed. 3 Additionally, a small docket book for Supreme Court Divorces 1800-1805 has been microfilmed. 4 A listing of the sixty-three 5 divorces granted and recorded in the 18001805 docket book are presented below. Subsequent issues will list the remaining applications from the loose papers. Married women could not bring suit on their own and were represented by their next friend, a legal term for someone who is not a legal guardian, but who acts for the benefit of an infant, married woman, or other individual who is not sui juris ( does not have full social and civil rights). About two-thirds of the suits were brought by women. The divorce process required several sequential actions, which could take more than a year. The procedural items are listed in the docket book. The loose papers contain these and additional documents, depositions, and interrogatories concerning facts such as the date of the marriage or the circumstances causing divorce. The causes for divorce were abandonment (by either party), eviction (forcing one party to leave), or adultery (for which the name of the other party was often provided). The causes dictated the wording, form, and 1 For information on divorces in Pennsylvania, see Roger D. Joslyn, "Pennsylvania," in Alice Eichholz, ed. Ancestry's Red Book: American State, County, and Town Sources, 3rd ed. (Salt Lake City: Ancestry Incorporated, 2004), 567. 2 "Divorces Granted by the Supreme Court of Pennsylvania from December, 1785, until 1801," Publications of the Genealogical Society of Pennsylvania [called Pennsylvania Genealogical Magazine after 1947] 1(1898): 185-92. 3 "Divorce Papers, 1786-1815," RG-33, Records of the Supreme Court, Eastern District, rolls #781- 786. In addition to the Pennsylvania Archives Reading Room in Harrisburg, this microfilm is at the Family History Library in Salt Lake City (FHL #l,023,001-6) and the Genealogy Section of the Dallas [Texas] Public Library. 4 "Docket Book, 1800-1805," RG-33, Records of the Supreme Court, Eastern District, roll #766. In addition to the Pennsylvania Archives Reading Room in Harrisburg, this microfilm is at the Family History Library in Salt Lake City (FHL #l,017,080) and the Genealogy Section of the Dallas [Texas] Public Library. 5 In spite of the overlap in years, none of these were in the list published in 1898. Pennsylvania Genealogical Magazine Vol. 44 (2006) 197 198 Pennsylvania Genealogical Magazine Vol. 44 proce s, o most entries are similar to one another, and de c ndants hould not read too much into the specific wording of the circum tances, which were generally boilerplate language. Therefore, the first divorce in the docket book stands out by its nonstandard elements. The petitioner seem more up et by his disappointment in learning that his wife was not a woman of wealth than he was by her infidelity, which appears near the end of hi lament, as if he uddenly remembered that any divorce would have to be granted uch ground THE DIVORCE PETITION OF LAURE CE H RO 7 May 1800. Claudius Laurence Huron Du Rocher commonly atlled Laurence Huron of the City of Philadelphia merchant and itizen of the aid Commonwealth most respectfully sheweth That your petitioner on the tenth day of January in the year of our Lord one thousand seven hundred and ninety eight at the City of Philadelphia was married according to law by the Reverend Peter Hilbison then Pastor of the Roman Catholic Church of the Holy Trinity in the said City a person legally authorized to celebrate marriage to a certain woman who called herself Agatha Angelica Helena Diesback pretending to be the lawful daughter of a certain Joseph Deisback and Mary his wife who were persons of great repe tability and fortune in France and pretending also to be the widow of a certain William Joseph Dufaurf [sic] also a person of respectibality [sic) and fortune and pretending to be possessed of large Real estate and other property in France of which Country she stated herself to be a native and els where that about five months after their said marriage the said woman a ked liberty of her said Husband to go to France in order to look after the property which she pretended to have there which liberty your Lib llant granted to her and she in fact departed from the said City of Philadelphia for the Republic of France where she now is And your Libellant begs leave to shew further unto your Honors that since th departure of the said Woman from the United States he has di covered that she had imposed upon your Libellant by a false name and false pretensions that she was not the daughter of the said Joseph Dei back nor the widow of of [sic] the said William Joseph Dufaur but a woman of Lewd and loo character addicted to debauchery and vice and whose real name and origin your Libellant is as yet ignorant of and that she was not po sessed of a single penny of property but on the contrary was largely indebted to various persons to whom your Libcllant has been obliged to pay and satisfy their demand . And your Libellant begs leave further to shew unto your Honors that the said Woman now his Wife has since their intermarriage committed the heinous crime of adultery particularly with a certain person of the name of Laurence Huron De Rocher a Nephew of this deponent with whom she now liv s in a State of open Concubinage and adultery ... 6 6 Docket Book, 1800- 1805, page 11-13. Divorces by the Supreme Court, 1785-1815 2006 199 DIVORCES GRANTED BY THE SUPREME COURT OF PENNSYLVANIA DOCKET BOOK, 1800-1805 Laurence Huron Du Rocher married Agatha Angelica Helena Diesback in Philadelphia 10 January 1798; application 7 May 1800; divorced 8 September 1801. 7 [pages 11-13} Rebecca (-?-) McElivee married John McElivee of Philadelphia glass and colour merchant 2 June 1788; application 20 ovember 1799 by next friend Thomas Biggs; divorced 29 March [ 1802]. [ 14-17) Charlotte D. 8. {-?-} Nyce married Joseph Nyce 11 January 1791; application 13 February 1800 by next friend Jacob Brown; mentions land in Coventry Township, Chester County, and Franklin Township, Huntingdon County; divorced 1 September 1800. [ 18-19] Mary (Howlett) Scott was married to John Scott of Washingron County at least seven years; application 4 November 1801 by her brother and next friend James Howlett at Washington County; divorced fire Monday in September 180-4. [20-21) Jane {-?-) Long of Drumore Township, Lanca ter County, married John Long about eight years earlier; application 5 August 1800 by next friend John McConnell; subpoena left at house of Robert Long de- ceased of Drumore Township; divorced 29 December 1801. (22-23} Elias Pinkus married 13 December 1789 in Philadelphia Elizabeth Bauldy, who has been living with Henry Denkel for more than one year, application 26 February 1801; divorced 17 September 1801. [24-25] Side married June 1788 William Side; application 14 April 1801 by next friend Parnell Gibbs; divorced 23 December 1801. Mary (-?-) (26-27) Black of CumberJand County married 10 February 1789 Anthony Black of Carlisle; application 27 January 1802 by next friend Henry Lechler junior; divorced 18 September [ 1802]. (28-29) Mary (-?-) Thomas Kyle of Wa hington Township, Fayette County married Elizabeth Chambers 8 March 1783 and had seven children; he left their home 16 December 1795 to go over the mountains to eastern Pennsylvania, during which time she thought he was dead and married John .10•111::a 7 Claude Laurence Huron du Rocher, who was born in Nanneto ( antes) hi r son of Peter Huron du Rocher and Ms wife Margaret Hamary, married Agath {sic] Helena Dicsbach, widow of William Joseph Defaur, born in Bononia (Bou , France, and daughter of Joseph and Mary Wildeck Diesbach, deceased, 10 Janu Barbara Brady O'Keefe, Holy Trlni'ty Catholic Church, Philadelphia, Pen Marriages 1796-1803, Baptisms 1803-1806 (Miami: the author, 1983), 9. didn't wait long after the divorce to remarry. The marriage of Laurence H Ke.ziaHarris on 17 October 1801 was reported in tbe paper on 22 October, a death of Mrs. Kezia, wife of Laurence Huron, on "27 insta.nC in the 30 July 18 . Poulson~ American Daily Advertiser, Collections of the Genealogical Society sylvania 55(1900), 2, '288. 200 Pennsylvania Genealogical Magazine of Fayette County on 2 February 1797 and had two children. b mas returned on 28 December 1799;8 application 9 Decemb • divorced 18 September 1801. [30-33] Rudolph Myer/Mayer married May 1776 Barbara -?-; October 1801; divorced 15 March 1802. [33-34] applica 1 Margaret/Margretha (-?-) Bealart married 18 July 1790 in the N........,, .... Liberties Jacob Bealart and had three children, two living; Ja married to another woman and resided at some "remote p United States;" application 20 February 1801 by next 1 J Jonathan Quicksall; divorced 27 March 1802. (35-36) Isabella (-?-) Smith married in May 1793 Thomas Smith, resided in Philadelphia, New York, and Charleston, and had two children; application 29 July 1801 by next friend William Alexander, divorced 18 March 1802. (37-38) Robert Montgomery gentleman of Philadelphia married Marrianc Pigott about thirteen years previous; application 5 November 1801; divorced third Monday in March 1802. [39-40] Phoebe (-?-) Dickinson married 22 April 1789 in Philadelphia Laurence F. Dickinson; application 17 July 1801 by next friend Richard Palmer; divorc d third Monday in March [1802J. f 40-42] Esther ( -?- ) Thomas of Philadelphia married Lewis Thomas house car~ penter two year earlier; application 5 August 1801 by next friend George F. Alberti; divorced f.trst Monday in September [1801]. [4243] Sarah (-?-) Feely married 14 June 1796 in ew York City Thomas Feely; application 26 February 1802 by next friend Rene Rhuilller; di-vorced 6 September 1802. [44-45) Barbara (Mllkoof) Schultz formerly of York (her mark] had been married to John Schultz stocking weaver about twenty years earlier by Rev. Mr. Kurtz, German clergyman in York; they lived together four years, he went to his stepfather in Freystown, York County, then to Abbots Town, formerly York County, taking property she received from her father; application 26 April 1801 by next friend Frederick Younce; divorced 22 December 1801. (46-47) William May married Sarah -?- in England, was a native of arrived in Pennsylvania 22 October 1797, and became a citiz 8 The application says •1t is enacted that if any hu band or wife upon an mour in appearance well founded of the death of the other where such other absent for the space of two whole years hath married or shall marry again t shall not be liable to the pain of adultery but it shall be in the eleetion of re1112iningunmarried at hJs or her return to insist to have his or her former husband restored or to have his or her own ma.rriage dissolved and the other remain with the second husband or wife ... ft Divorces by the Supreme Court, 1785-1815 2006 201 committed adultery with Richard Irwin combmaker of Philadelphia; application 18 May 1802; divorced 23 December 1802. (47-49] Tiffen married 7 January 1796 James Tiffen; extensiv property in Philadelphia and New York; application 8 February 1802 by next friend Henry Heatly, divorced 14 September 1803. [49-53) Martha (-?-) (-?-) Brown married 18 December 1794 in Philadelphia Joseph Brown shoemaker; they moved to ewa.rk (N w Jer ey] to Philadelphia to Newark to Philadelphia (living on Willing Alley and on Catherine Street); he was threatening to move to Baltimore, New York, or Canada; while she was in Lancaster, he contracted a venereal diSease from Abby Bennet, a prostitute, and infected his ife and the child she was nursing; application 16 March 1802 by next friend John Tedford; divorced 1 January [?1803). {53-55) Catherine George Roupe of Middletown, Dauphin County, married Ann Cassell about fourteen years earlier; she committed adultery with George Toot; application 19 March 1802; divorced 6 March 1803. (55-57] Sarah (-?-) Uoyd [her mark) married more than six years earlier Benjamin lloyd mariner, resided in the Northern liberties; application 21 ovembcr 1801 by next friend Jacob Coats; divorced 2 January [?1803). [57-58) Kemp married in Sept.ember 1795 Mathew Kemp mariner; application 27 October 1802 by next friend Augustine Guigiu; divorced first Monday in March [?1803 ). (59-60] Cele te (-?-) Jo eph Carver [affirmed], late of Bucks County, now of Philadelphia, married 30 December 1797 Hannah Cary; application 29 January 1803; divorced 13 March (1804). (61-62] Sarah (-?-) Burns married 26 May 1788 James Burns; application 30 December 1802 by next friend lbomas day in September (1803). (62-63) Amies; divorced first Mon- John Dabadie in February 1793 married Elizabeth Margaret -?-; she committed adultery with Philip Gustave Gallard; application 2 February 1803; divorced first Monday in September [1803). [64-65) Catherine (-?-) Pemble married 14 January 1793 David Pemble Philadelphia taylor, he committed adultery with widow Ca which he denied; application 10 March 1803 by next friend Barrett; divorced first Monday in September (1803). [65-67) Rice married 3 December 1788 Peter Rice of North Bucks County; application 28 October 1801 by next friend ' Dyer; divorced 24 December 1803. (67-69] Hannah (-?-) Payne married 5 June 1795 William Rlchard Payn ' u 26 July 1789 he had mar.ried Jane Todhunter, who was livi he married Alice; application 16 January 1802 by ne.xt frienJ Corfield; divorced December [? 803]. [69- 71] Allee (-?-) of Pennsylvania Genealogical Magazine 202 Margaret (-?-) Smith married in June 1795 George Smith; appli( February 1802 by next friend Thomas Willis; divorced 28 De r, ..... _., 1802. (71-73) ouge married 9 July 1795 Etienne ouge; she owne I erty at Spruce and Fourth in Philadelphia; he went to Chart Mary ( -?- ) South Carolina, and then to some of the West India Island ; app 1 12 February 1802 by next friend George Andrews; divorced ary 1803. (73-75) married 9 December 1797 in Phila,ac;,m:1 Wllllam Goodfellow; application 28 January 1802 by next friend William Carr; divorced l January 1803. (75-77] Mary ( -?- ) Goodfellow Elizabeth (-?-) Leonard [her mark] married in January 1798 Joseph Leonard; application 6 May 1802 by next friend Joseph Server hairmaker of Germant0wn; divorced 22 March 1803. {78-79) Margaret (-?-) McOure married David McClure [no appHcation recorded]; divorced 26 March 1803. [80-81] George Wager of Philadelphia, then age 18, married 21 August 1801 Sarah Madln; application August 1803; divorced first Monday eptember 1803. (81-83) ) Hibbs married 28 December 1798 Mahlon Hibb of Fall Township, Bucks County; he committed adultery with Mary Overdurf, application 22 December 1803 by next friend Amos ubers; divorced 8 September 1804. [83-85] Mary ( -?- Mitchell married 31 December 1767 John Mitchell; application 3 August 1803 by next friend Thomas Bradford mariner; divorced 24 December [1803). [86-87) Mary (-?-) Hackleroth married John Hackleroth; application 26 February 1803 by next friend John Smith; divorced 31 December 1803. Mary {-?-) (88-89) Ann{-?-) Crawford married 30 May 1799 [he said June 1799] in Lancaster County John Crawford; he had alleged that he had deserted her and committed adultery, but he said that soon after the marriage he was convicted of having passed a counterfeit dollar in 1797 and sent to ,twelve years and that her friends w t rich hu band; 9 application 4 August nwell; divorced 1 January 1803. (90 years and ten months earlier Chari th Elizabeth O'Hogan; application ' I dJohn Young; divorced 31 Decemb l • . -en more by a deposition in the: loose papc of Robinson, he and his "wife" (who was llghousc. Divorces by the Supreme Court, 1785-1815 2006 203 Hannah (-?-) Oderwald of Lancaster Town hip, Lancaster County, married "some years ago" by Rev. Muhlenberg in Lancaster John Oderwal¢ application 7 June 1803 by next friend Peter Weily; divorced 31 December 1803. [94-95) James McIntire of Philadelphia married even years earlier Sarah McIntire· application 4 November 1803; divorced 19 March [ 1804). [96- 97] Ann(-?-) Servoss married 27 March 1793 William Servoss; he committed adultery with ElizabethJones; application 22 March 1803 [not by a next friend]; divorced 22 December 1804. [97-99) Caspar Reed married in April 1796 Freny -?-, who never lived with him but had a child by someone else; application 12 May 1803; divorced first onday in December 1803. [100-1) of Philadelphia married 2 March 1791 in Philadelphia Hanna Lewis; application 25 January 1804; divorced 1 March [1804). (101-3] James Chamberlain Elizabeth ( -?- ) Fordney married twenty-seven years earlier Francis Fordney of Lancaster skindresser; application 29 November 1803 by next friend Mathias Young; divorced 21 March [1804). [103-5) Su anna (-?-) Deshler [of Northampton] married nine years earlier George Deshler; application [27 July 1803) by next friend Georg Butz; two children; divorced 21 March [1804). [106-7) Mary Achsah ( Cromwell) Guerin married eighteen years earlier George Guerin; he sailed for Europe, sent letters for a while, has returned to Philadelphia twice without contacting her; application 4 November 1803 by next friend and brother John Cromwell; divorced first Monday March [1804]. [108-9] Catherine (-?-) France [her mark) married 6 October 1791 in Philadel• phia John France, application 1O December 1803 by next friend Peter W~ divorced fir t Monday in March [ 1804 J. [ 110-11] Elizabeth (Corner) Wh.ite married 3 May 1801 Joseph White; application 8 January 1802 by next friend and mother Elizabeth Corner; divorced first Monday in September [ 1803). [112-13) Jacob Rlstein married 13 August 1801 in Philadelphia Justine Heppedel; h committed adultery with Frederick Aucbenbach, which she denied but withdrew her challenge to the divorce 11 September 1804; application 6 September 1802; divorced 11 September 1804. (114-16] Elizabeth (-?-) McGee married in May 1800 Charles McGee; application 2 February 1804 by next friend John Mansell of Philadelphia· di· vorced first Monday in eptember [ 1804). (117-18] Jacob Lightwood married 13 Decemb r 1781 Eleanor-?-; December 1797; divorced 5 March 1805. (119-20) application 1 Pennsylvania Genealogical Magazine 204 Margaret ( -?- ) Staal [ f Berks County] married l May 1 98 Georg application 6 December 1803 by next friend rederlck Wie1 vorced fir t Monday in March 1805. (121-123) alt merchant of Philadelphia married in 1789 mie Island of t. Domlngo widow Anne (Henneguez) Te shortly after in consequence of the civil commotion of that i t: moved first to Massachusetts then to Philadelphia in the latter1795; he committed adultery with John Page; application vember 1804; divorced first Monday in March 1805. (123-125] John William Elizabeth ( -?-) ou hrock married 15 February 1795 amuel Shrock; appli• cation 1 April l 04 by next friend William Marley, divorced 23 March 1805. [ 125-127] Tallman [her mark] married about nineteen years earlier amuel Tallman; application 1 eptember 1804 [not by a next friend]; divorced 23 March [1805]. [127-129] Mary (-?-) Garwood married l July 1798 Joseph Garwood; applica. ion 4 July 1804 by next friend Aaron Duffy, divorced fir t Monday in December [ 1804]. (130-131] Elizabeth (-?-) Joseph Guenneteau merchant of Philadelphia and citizen of the United State married in January 1795 Julia Mazy; he committed adultery with Nicholas Bar:rabioo; application 1 July 1805~ divorced first Monday of September fl80SJ. (132-133) Deborah{-?-) Rush married 13 June 1793 Benjamin Ru h· he committ d adultery with Elizabeth Meyer· application 12 pril 1805 by next friend IsaacJone ; divorced 13 December [1805]. [134-1351 Lewis C. Vallon, rench master of Philadelphia, 29 December 1793 married Catherine Urquhart; she committed adultery with Joe/Joseph Twybly(I'uybly, and they are now in New York or Bo ton; application 21 June 1805; divorced 1 Monday of Dec mber [1805]. (136137) Elizabeth (-?-) Martin [affirmed] married 16 January 1800 Mibsom/ Mibson Wilson of Philad lphia; application 9 S ptcm~r 1805 by n xt friend James Whitehead; divorced I Monday of December {1805].fl 8-1391 rk] married 11 July 1792 Samuel H some one of the West Indie Islands, Great Britain; application 5 March ~LU:::-;,t au1a~ll; divorced 1 Monday of December