divorce

Witnesses to divorce.

Haywood Freeman, Sidney Freeman, Nettie M. Vick, Hagar Edwards, and Mary Ward were called as witnesses to the divorce action filed by Charles H. Smith against his wife Virginia Smith.

Haywood and Sidney Freeman were the father and brother of Joseph Freeman, who was named as one of the men with whom Jenny Smith allegedly committed adultery. Hagar Edwards’ home in Greene County was the site of an alleged tryst. The focus of Nettie Vick and Mary Ward’s anticipated testimony is not known.

Three witnesses requested that their witness fees be paid over to someone else — in two cases, the man for whom they testified, Charles H. Smith himself. At a minimum, this request would raise an eyebrow today.

“please pay to C.H. Smith what is due me as a witness in his case”

“please pay to C.H. Smith the amount due me as a witness in his case”

Nettie M. Vick requested that her fee go to her brother W. Henry Vick. (Samuel H. Vick was another of her brothers.)

“please pay to Henry Vick the amount due Nettie Vick Witness of C.H. Smith case”

Charles Smith vs. Jennie Smith: a divorce.

On 7 September 1883, Charles H. Smith filed a divorce action in Wilson County Superior Court against his wife Jennie Smith. Smith had been principal of Wilson Academy (the private graded school that preceded the Colored Graded School) and was an up-and-coming figure in the A.M.E. Zion Church. He also founded a school in Black Creek. Jennie Smith was the sister of Braswell R. Winstead, educator, postal clerk, and close associate of Samuel H. Vick. J.W. Hood highlighted Charles H. Smith in One Hundred Years of the African Methodist Episcopal Zion Church; or, the Centennial of African Methodism. Hood’s bio of Smith does not mention his marriage to Virginia Smith.

The plaintiff complains and alleges

(1) That on the ____ day of 1871 (or 72) he intermarried with the defendant Jennie Smith

(2) That he and said defendant were then and have ever since been citizens and residents of the State of North Carolina

(3) That he and said defendant had lived together as man and wife in various places in this State after their said marriage until on discovering the various acts of adultery hereinafter mentioned, he separated from her

(4) That in or about the Summer of 1881 (for want of information plaintiff is unable to state this or any subsequent dates with greater particularity) the defendant at the residence in the County and town of Wilson committed adultery with one Patrick Brewer

(5) That in or about April 1881 in Greene County, N.C., at or near the house of Hagar Edwards, the defendant committed adultery with one Scott Ward

(6) That in the winter of 1880 and also in [illegible] ’81 in the County and Town of Wilson, N.C., in or about the winter of 1881, and at her residence, the defendant committed adultery with said Scott Ward

(7) That at her residence in the County and Town of Wilson, N.C., in or about the summer of 1881, the defendant committed adultery with one Wardson Ward

(8) That in the County and Town of Wilson, N.C., in or about the winter of 1881, at her residence, the defendant committed adultery with one Joseph Freeman

(9) That there were born of the said marriage a son named Charles H. Smith aged five years, and a daughter named Araminta Smith aged nine years, now in the care and custody of the plaintiff

[Jurat omitted]

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  • Charles H. Smith

Perhaps: in the 1870 census of Town of Wilson, Wilson County: farm laborer William Smith, 27; wife Temperance, 31; son Charles, 20, farm laborer; and Nancy Brown, 51.

On 28 August 1874, Charles Smith, 22, married Jennie Barnes, 17, in Wilson County.

In the 1880 census of Wilson, Wilson County: on Pettigrew Street, minister Charles Smith, 26; wife Virginia, 22; and children Arminta, 7, John T., 3, and Charles H., 1; and brother-in-law Braswell Winstead, 20, teaching school.

  • Jennie Smith

On 28 August 1874, Charles Smith, 22, married Jennie Barnes, 17, in Wilson County.

In the 1880 census of Wilson, Wilson County: on Pettigrew Street, minister Charles Smith, 26; wife Virginia, 22; and children Arminta, 7, John T., 3, and Charles H., 1; and brother-in-law Braswell Winstead, 20, teaching school.

  • Patrick Brewer
  • Scott Ward

In the 1880 census of Stantonsburg township, Wilson County: day laborer Scott Ward, 23; wife Tena, 24, cook; and children Beauty, 1, and Nathan, 3.

  • Wardson Ward

Perhaps, in the 1880 census of Stantonsburg township, Wilson County: farmer Warren Ward, 53; wife Sarah, 52, washing; and children Manda, 8, Henry, 7, and Lawrence, 19.

  • Joseph Freeman

In the 1880 census of Wilson, Wilson County: on Pettigrew Street, farmer  Haywood Freeman, 53; wife Emily, 40; and children Joseph, 17, and Sydnor, 15.

  • Charles H. Smith

In the 1880 census of Wilson, Wilson County: on Pettigrew Street, minister Charles Smith, 26; wife Virginia, 22; and children Arminta, 7, John T., 3, and Charles H., 1; and brother-in-law Braswell Winstead, 20, teaching school.

On 17 April 1901, Chas. H. Smith married Elizzie Reed in Fair Bluff, Columbus County, N.C.

In the 1910 census of Tatums township, Columbus County: Charley Smith, 30, lumberyard foreman, and wife Lizzie, 28.

In 1918, Charlie Henry Smith registered for the World War I draft in Columbus County, N.C. Per his registration card, he was born 7 October 1879; lived in Boardman, Columbus County; worked as a lumberman for Butlers Lumber Company; and his nearest relative was Elizabeth Smith. He signed his card “Charles Henry Smith.” [Not to be confused with another Charlie Smith, who also registered in 1918. Per his registration card, he was born 12 August 1876; lived in Acme, Columbus County; worked as a laborer for Acme Manufacturing Company; and his nearest relative was Lizzie Smith. The form was signed with an X.]

In the 1920 census of Tatums township, Columbus County: lumber camp overseer Charlie Smith, 38, and wife Lizzie, 36.

Charles H. Smith died 9 June 1932 in Fair Bluff, Columbus County, N.C. Per his death certificate, he was 54 years old; was born in Wilson to Charlie H. Smith; was married to Annie Smith; and worked in a sawmill. Charlie Maultsby was informant.

  • Araminta Smith

In the 1880 census of Wilson, Wilson County: on Pettigrew Street, minister Charles Smith, 26; wife Virginia, 22; and children Arminta, 7, John T., 3, and Charles H., 1; and brother-in-law Braswell Winstead, 20, teaching school.

In December 1898, Charly Maultsby, son of Sophia Maultsby, married Araminta Smith, daughter of C.H. Smith and Jennie Smith, in Columbus County, N.C.

In the 1900 census of Whiteville, Columbus County, N.C.: day laborer Charles Maultsby, 25, and wife Araminta, 22.

Wilson County Divorce Records 1859-1913, 

Mercer vs. Mercer, part 2.

Dempsey Mercer, 20, married Mattie Knight, 20, in Edgecombe County on 23 January 1902. When the 1910 census was taken, the family was in Gardners township, Wilson County: farmer Dempsy Mercer, 27; wife Mattie, 20; sons Charles, 7, William, 6, Robert, 3, and Walter, 7 months; nieces Lula, 2, and Gertrude Hines, 1 month; and sister Maggie Hines, 19.

According to Dempsey Mercer’s divorce petition, Mattie Mercer committed adultery with Calvin Barnes on or about 1 January 1911 and left their home after he discovered her infidelity. Dempsey filed for divorce in September 1911 and requested custody of their children. Mattie could not be found in Wilson County for service of the complaint and was believed to have left the state.

At November Term 1911 of Wilson County Superior Court, a judge granted Dempsey Mercer’s divorce.

Wilson [County, North Carolina] Divorce Records 1859-1913, http://www.familysearch.org.

Calvin Blount vs. Effie Blount.

On 9 July 1904, Calvin Blount, 67, of Wilson married Effie Hinnant, 28, of Lucama, in Wilson. Missionary Baptist minister William Baker performed the ceremony at Emma Barnes’ home in the presence of Moses Dupree, Washington Suggs, and Ben Wooten.

This May-December romance did not last. At May Term 1909, a Wilson County Superior Court judge granted Calvin Blount a divorce from Effie Blount on the grounds of adultery.

Orders & Decrees Volume 2; Wilson County Court Records 1904-1916, http://www.familysearch.org.

Hagans vs. Hagans.

Wilson Times, 26 November 1897.

Probably: on 26 October 1889, Amos Hagans, 31, of Cross Roads township, son of John Hagans and Eliza Rich, married Jane Fields, 18, of Cross Roads township, daughter of Washington and Julia Fields, at Ben Binum’s in Cross Roads township, Wilson County.

If so, Amos Hagans remarried a couple of years after his divorce. On 21 February 1900, Amos Hagins, 39, son of John Hagins and Eliza Rich, married Lillie Richardson, 17, daughter of John and Mollie Richardson, at Mollie Richardson’s in Cross Roads township.

Williamson v. Williamson.

Isaac and Sarah Williamson lived in Old Fields township, Wilson (formerly Nash) County. In 1853, Sarah Williamson filed for divorce from her husband, citing, among other things, serious physical and emotional abuse. The Williamsons lived in a part of Wilson County that was then in Nash County. Their divorce file is replete with accusations and counter-accusations of violence, alcohol abuse, infidelity and general profligacy. It also contains several references to the Williamsons’ enslaved laborers and free colored neighbors.

The court required Isaac Williamson to sequester $2500 pending a decree in the case and was given the choice to post a bond or to hand over to the sheriff “negroes Harry, Lewis, Viney, Reuben, Ben & Margarett.” [Isaac Williamson died in 1854 or 1855, ending the proceedings.]

In her deposition, Nancy Williamson, Isaac and Sarah’s 20 year-old daughter, swore that “at another night he run mother and me out of the house and then called in a Negro fellow made him get the gun, powder and shot — the gun was loaded and he, my father took it and said if he found my mother he would drop her wherever he found her. …” “At another time my father asked a negro fellow who had a wife there, to come into the house and he did so, cursed and abused my mother — and my father would not allow my mother to say any thing to the negro but told him to say what he pleased to her.”

Neighbor Jethro Harrison testified that “I am well acquainted with Isaac Williamson the Defendant, He is a man who drinks hard — when he has not liquor at home he goes off and drinks he does not attend to his business like a man ought to. I have seen the Defendant on my bed and one morning about an hour per sun I saw him on a bed at Elijah Powell‘s a free negroe who had living with him a daughter grown and a wife & other children. …” On cross examination, Harrison stated: “… the Defendant was lying across the bed at the free negroes house with his shoes off and a quilt over him I think his clothes were not off. He was drunk or quite drinkey.”

Son-in-law Robertson Baker testified: “Some five or six years ago the Defendant and myself were riding in the night along together he had a coloured woman supposed to be a Negro riding on his horse behind him, he stopped in the path I went back and found him on the woman — I rode off and in a short time he came on with the woman behind him I saw the woman put up behind him as we started from a sale or hireing at A[illegible] At the Defendant’s request there being two Negro girls at our horses where we went to start I took one of them behind me for the purpose of getting him off home.”

Daughter Kesiah Williamson, 17, testified that Isaac Williamson told her “if I stuck up to him that I would get a negro or two but if I stuck to mother I never should have any of his property.”

Dempsey Powell was subpoenaed to testify in a deposition, but the file does not contain a record of any such statement.

——

  • Harry, Lewis, Viney, Reuben, Ben & Margarett — A document in the Williamson divorce notes that Isaac Williamson owned about 12 enslaved people. In 1864, Williamson’s youngest sons received their inheritance from their father.  Isaac Jr. took possession of Harry, Jacob, Priscilla and Wesley, and son Eli Williamson, Reuben, Margaret and child Riney, Hittie and Elias.
  • Elijah Powell — in the 1850 census of Nash County, listed next door to Isaac and Sarah Williamson: Robert Simpson, 36, farmer; Elijah Powell, 50, cooper; wife Selah [Celia Taylor], 48; and children Denis T., 22, Henry, 21, Elijah, 19, Mary, 18, Stephen, 10, Jane, 6, Jabe, 2, and Sally, 18. [Presumably, the girl on the bed was either Sally or Mary Powell.]
  • Dempsey Powell — in the 1860 census of Black Creek township, Wilson County: turpentine worker Dempsey Powell, 30, who claimed $130 personal estate; Sallie Simpson, 28; and Sallie Simpson, 9.

Many thanks to Traci Thompson for sharing these documents, which are housed in Nash County Records at the North Carolina State Archives, Raleigh.

Mercer vs. Mercer.

In 1911, Dempsey Mercer filed for divorce from his wife Mattie Knight Mercer.

WDT 10 11 11.png

Wilson Daily Times, 11 October 1911.

In the 1900 census of Cokey township, Edgecombe County: farm laborer Laura Mercer, 65, and children Dollie, 26, farm laborer, Susan, 22, and Dempsey, 16, farm laborer.

In the 1900 census of Gardners township, Wilson County: farmer Cooper Farmer, 55; wife Caroline, 55; boarder Lewis Williams, 18, farm laborer; and servant Mattie Knight, 16.

On 23 January 1902, Dempsey Mercer, 20, married Mattie Knight, 20, in Edgecombe County.

In the 1910 census of Gardners township, Wilson County: Dempsy Mercer, 27; wife Mattie, 20; children Charles, 7, William, 6, Robert, 3, and Walter, 2 months; nieces Lula, 2, and Gertrude Hines, 1 month; and sister Maggie Hines, 19.

Dempsey Mercer died 7 July 1914 in Gardners township, Wilson County. Per his death certificate, he was born 10 January 1914 in Wilson County to Dempsey Mercer of Edgecombe County and Mattie Hines of Nash County.

Mary Mercer died 11 February 1915 in Wilson township, Wilson County. Per her death certificate, she was born March 1912 to Dempsey Mercer and Maggie Hines.

In the 1920 census of Black Creek township, Wilson County: Dempsy Mercer, 40, widower; children Charley, 17, William, 15, Robert, 10, Walter, 9, and Maggie, 8; sister-in-law Maggie Hines, 24, and her children Lula, 8, Silvey, 7, and James, 4. [Dempsey Mercer was divorced rather than widowed.]

On 24 June 1921, Dempsey Mercer, 40, of Wilson County, son of Joe Williams and Louisa Mercer, married Fannie Barnes, 37, of Wilson County, daughter of Luke Holmes and Mary Holmes, at W.A. Pool’s in Black Creek.

In the 1930 census of Gardners township, Wilson County: Dempsey Mercer, 50; wife Fannie, 40; children Charlie, 27, Lee, 19, Jonah, 16, Jamar, 13, and C[illegible], 10; and lodger Rachel Melton, 30. [The younger children appear to be Fannie’s by an earlier relationship.]

In the 1930 census of Rocky Mount, Edgecombe County: Gilmore C. McCoy, 58, tobacco factory stemmer, and wife Mattie, 49, laundress.

Robert Mercer died 9 December 1930 in Gardners township. Per his death certificate, he was 23 years old; was born in Wilson County to Dempsey Mercer and Mattie Knight, both of Edgecombe; was a farmer; and was single.

Charlie Mercer died 9 December 1936 in Gardners township. Per his death certificate, he was born January 1902 in Edgecombe County to Dempsey Mercer and Mattie Knight, both of Edgecombe; was a farmer; and was single. Informant was Mattie McCoy of Rocky Mount.

Dempsey Mercer died 20 April 1949 in Wilson County. Per his death certificate, he was born 6 September 1883 in Edgecombe County to Joe Mercer and an unknown mother and was married. Informant was Will Mercer of Bailey, N.C.

Mattie Knight McCoy died 31 December 1970 in Rocky Mount, Nash County. Per her death certificate, she was born 9 September 1897; resided in Edgecombe County; was widowed; and was a retired tobacco worker. Mary Bullock, 1205 Atlantic Street, Wilson, was informant.

Divorce actions, no. 3.

Third in a series abstracting some of the folders of actions filed in Wilson County Superior Court. (The allegations of misdoing summarized are derived from court pleadings and were not necessarily true.)

  • Alice Barnes v. Alonzo B. Barnes

February term, 1905. Married November 1897. Defendant Alonzo Barnes abandoned plaintiff in 1900.

——

Lonza Barnes, 21, of Stantonsburg township, son of Stephen and Adline Barnes, married Alice Brooks, 22, of Stantonsburg township, daughter of Gray and Darkis Brooks, on 1 December 1897 at Darkis Brooks.

  • Nellie Barnes v. John T. Barnes

Married 10 April 1893. Defendant John Barnes abandoned plaintiff on 3 June 1893. Couple has one living child. Defendant now living in open adultery with Jennie Ruffin, alias Barnes.

——

John T. Barnes, 20, married Nellie Campbell, 19, on 7 April 1894 in Wilson County.

  • Jenny Barnes v. Amos Barnes

May term, 1875. Married 4 November 1870. Plaintiff charged that on 1 September 1874 defendant beat her with a large switch or stick in a cruel and inhumane manner and that he had transmitted to her venereal diseases that kept her confined to her bed and unable to work for long periods. Defendant denied all. Witnesses subpoenaed were Willie Strickland, Jacob Strickland, Mintus Woodard, Mary Hines, Balaam Bynum, Jane Bynum and William Mercer.

——

Amos Barnes, 22, married Jennie Woodard, 18, on 4 November 1872 in Wilson County.

  • Daniel Barnes v. Mariah Barnes

Fall term, 1882. Married May 1877 in Black Creek township. Defendant Mariah abandoned plaintiff Daniel in January 1880, had committed adultery with Henry Barnes and Isaac Dew, and given birth to “a bastard.” Witnesses subpoenaed were Jack Hooks, Sarah Barnes, Henry Barnes and Isaac Dew.

——

Daniel Barnes, 24, married Mariah Barnes, 18, on 18 May 1878 in Black Creek township.

  • Handy Barnes v. Annie Barnes

Married April 1903 in Edgecombe County. On 4 July 1903, defendant Annie committed adultery with Van Edwards and abandoned plaintiff.