Mary E King (plaintive)
vs
James E King (defendent)
4 MAR 1899
#750 Reel 14 Stevens Point Courthouse
 
(These documents appear to me to be in reverse chronological order)
James submitted a document withdrawing his testimony, so as to appear to default, on condition that no "costs or alimony" be granted.
 
A deposition about the sale of a "span of horses" upon which partial payment was made but then horses were reclaimed due to non-payment of debts. He states King is in ill health and is unable to work to pay his debts. That King owns nothing of value.
 
Adelbert King, his nephew, deposes:
  • James is in ill health
  • His only income is a pension and some work using horses - that being stopped when the horses were reclaimed.
  • James is living with Adelbert on furlough from the Veterans Home in Waupaca.
  • therefore, he could never pay any divorce costs or penalties
Dr F A Walters deposes that James is very disabled and very destitute
 
James King deposes:
  • they only lived together from 4 MAR 1897 to 2 NOV 1897 - at which time she deserted
  • she brought nothing to the union
  • he has nothing
  • he lives in the Soldiers Home
  • he can pay nothing to anyone
  • depends totally on his pension
  • he explains why he missed a deadline to respond and asks for time
She deposes:
  • she has a piece of land, fully mortgaged, that is keeping her alive, but she cannot even pay her lawyers
  • he violated a restraining order during the delay in the proceedings
  • that he is able bodied
  • that he has property
  • that he has a pension and should be able to pay some alimony
He deposes:
  • denies all charges of cruelty and abuse
  • lots of details about name calling
  • denies she is frail or in any way damaged by him
  • denies failure to support
  • states that she was a widow and three times married before
  • that she has extraordinary good health and vigor
  • that she has 2 children from prior marriages
  • that he took care of them as well as he could and loved them
  • states his disability
  • states $6 pension and some "teaming income"
  • explains the mortgage on the "team"
  • states that shortly after the marriage she took up with a married man named Jordan who had had left his family in the vacinity of Berlin, WI.
  • believes this to be an adulterous relationship
  • [between 16 JUN 1897 and 17 NOV 1897]
  • believes Jordan is trying to get her to make him leave her
  • believes Jordan is now living with her at the house of Will Martin in Stevens Point
  • that during this time they have been seen together and he has gifted her
  • more details about Jordan
  • she refused to stop seeing him when confronted
  • reiterates unable to pay
  • wants to try again (still loves her)
  • hoping she will love him
  • asks that complaint be dismissed
A restraining order was issued
 
She deposes:
  • cruel treatment from the start
  • details as reflected in his denial
  • asks that marriage be disolved or annulled and that she be authorized to take the name Mary E Smith
  • asks for such alimony as the court finds just
(I saw no "finding", but assume that she won "by default"
and with no money damages - per his conditional retraction)