1911 Nicholson Divorce

In this post I transcribe the most substantive portions of the case file of the divorce of my great-great-grandparents, Thomas Clarence Nicholson (c1858-1925) and Margaret Zeadore Nicholson (1863-1922). This is an Equity Case (#2683) of the Circuit Court of Montgomery County, Maryland. The divorce was decreed July 12, 1911. Clarence married his second wife, Minnie Blanche Saffell (1887-1953), with whom he already had two children, on August 28, 1911. The original documents are held by the Maryland State Archives in Annapolis -- I am grateful to archivist Nate Miller for his assistance.

Most of what is transcribed here is testimony taken on June 28, 1911 from Margaret, her daughter Grace Elizabeth (b. 1894), and her distant cousin (of unknown exact relation), Margaret Cerelda Dillehay (1892-1922). Margaret's permanent separation from Clarence at the end of 1905 coincides with the time at which my great-grandfather, Richard Thomas Nicholson (1882-1956), left his family in Washington, DC, ending up in St. Louis, where he enlisted in the Army in the spring of 1906. (See here and here for previous details on this story.) At this time, i.e., in his enlistment papers, he began using the surname O'Hagan, and it was not until 110 years later -- in November 2016! -- that we learned it had ever been anything different.

Spelling and punctuation are preserved from the original documents. Responses to questions by the lawyer John A. Garrett are italicized. The documents are personal and revealing, but I would like to make them public here to assist other members of this extended family in understanding their genealogy.

First page of case file (Maryland State Archives)

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February 15, 1911

To the Honourable, the Judge of said Court: --

1. Your Oratrix Margaret S. Nicholson, is now a resident of Montgomery County, in the State of Maryland and resides at Bethesda, and has been a resident of the said County and State of Maryland for more than two years immediately preceding the filing of this suit and that the Defendant Thomas C. Nicholson, is now a resident of the County of Montgomery in the State of Maryland, and resides at the Town of Gaithersburg in said County and State is now and has been continuously a resident of said Town, County, and State for more than two years immediately preceding the filing of this suit.

2. That the Plaintiff, was married to the Defendant on the 2nd day of September in the year A.D. 1880 by the Reverent J. S.M. Harslup, at Washington Grove, Montgomery County Maryland; and that they lived together as man and wife until the 20th day of September A.D. 1900, when the Defendant without any just cause or reason abandoned and deserted your Oratrix, at the City of Washington, in the District of Columbia.

3. That since the 20th day of September A.D. 1900, said Defendant has failed to provide for the maintenance and support of your Oratrix and her minor children.

4. That your Oratrix, has been compelled to resort to daily labor to support herself and minor children. That by reason of the cruel inhuman and vicious conduct of the Defendant towards your Oratrix your Oratrix is afraid of the Defendant, that he might take her life by reason of his many threats to do so. That the separation is beyond any reasonable expectation of reconciliation.

5. That there was seven children born to your Oratrix, as a result of the marriage with said Defendant. Two of whom died in infancy. Five of whom are now living and have married since having arrived at the ages of maturity. None of whom reside with either the Defendant or your Oratrix, nor are your Oratrix or Defendant charged with their care or support.

Among those living are -- Cora Wallace, age 23 years; Gertrude Carmel, age 25 years; Grace Loving, age 18 years; Richard T. Nicholson, age 28 years.

6. That your Oratrix was a kind and dutiful and loving wife to the Defendant doing at all times all things within her power to make the home of herself and defendant, comfortable and agreeable. That your Oratrix rendered to the Defendant every service within her power as a good and loyal wife could or would do.

That she tried not withstanding [sic] the numerous abuses, indignities and personal injuries to live peaceably with said defendant. But that with all her hardest endeavors and notwithstanding your Oratrix, has borne with patience at all times without resentment the systematic abuse and persecutions of the Defendant towards your Oratrix, your Oratrix, is utterly unable to longer live with said Defendant as man and wife without at all times being in great fear for her your Oratrix, personal safety.

7. That said Defendant is engaged in the trade of black-smith and wheel wright at the town of Gaithersburg, Montgomery County Maryland, and has a comfortable income, to wit, $60.00 per month therefrom, but he refuses and has for a long time, to wit, 10 years refused and failed to provide for your Oratrix, and the children born to your Oratrix as a result of the marriage of Oratrix to the Defendant and declared he never intended to do so.

8. That your Oratrix, is compelled to support herself by daily labor as a dress maker and seamstress.

That your Oratrix has no other means of support other than that derived from her own earnings as herein before stated.

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Rockville, Maryland, June 28th, 1911

PRESENT --

The Plaintiff, and her witnesses.

Mr. John A Garrett, Solicitor for Plaintiff

Mrs. Margaret Z. Nicholson: --

I am the plaintiff in this case. I am 47 years old, and I reside at Bethesda, in Montgomery County, Maryland

By Mr. Garrett --

1. Where does your husband live? At Gaithersburg, in Montgomery County, Maryland.

2. How long have you been a resident of Montgomery County, Maryland? All my life.

3. Were you married to the defendant, Thomas C. Nicholson, and if so, state when, where and by whom? Yes, I was married to him on the 12th day of August, 1880, at Gaithersburg, Maryland, by Rev. Mr. Harslup, minister of the Gospel.

4. Are you and your husband living together now as husband and wife? No, we are not.

5. What is the reason that you and he are not living together as man and wife? Cruel treatment and non support on his part, and because without any just cause or reason he left me about eleven years ago. We have never lived together since.

6. What was your conduct towards your husband? I tried to do the best I could by him in every way. I did everything I could to make a living.

7. Had he any good reason for leaving you? No, he had not.

8. Were there any children born as the result of marriage between you and your husband? If so, what are their names and ages? Yes, seven, four of whom are still living, their names are Cora Wallace, 23 years; Gertrude Carmel, 25 years; Grace Loving, 18 years; Richard T., 28 years.

9. What support has your husband given you since he left you? Not any.

10. How have you been compelled to support yourself and minor children? By working, sewing and the like.

11. Is there any hope, or reasonable hope, of a reconciliation between you and your husband? No, never.

12. Please what were some of the acts of cruelty that you complain of? He abused me, beat me and knocked me about, abused me and treated me very cruelly in all ways.

13. How frequently would this occur? Whenever he came into the house. For three years before the separation I stood the brutal treatment from him.

14. Do you know what your husband's occupation is at present, and about what his weekly income is? I have heard that he is working at blacksmithing and that he was getting $15. a week.

15. Do you know whether or not your husband has an real or personal property? He not to my knowledge.

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[same date as above]

Mrs. Grace E. Loving,

a witness of lawful age, produced on the part of the Plaintiff, first being duly sworn and examined, deposes and says: --

I am 18 years of age, and the wife of Roy T. Loving, and at 1526 Q St., N.W., Washington, D.C.

By Mr. Garrett: --

1. You are a daughter of the Plaintiff and Defendant in this suit? I am.

2. Were you living at home with your mother and father on or about the 20th of September, 1900? I was.

3. Were they living at that time? On 31st St., in Washington, D.C.

4. Was that about the time that your father and mother separated? Yes.

5. Do you know, and if so, can you state the cause of your mother's and father's separation from one another? His drinking and mistreatment of her.

6. How frequently would your father drink? Three nights in a week and sometimes oftener.

7. Do you mean by that that he was under the influence of liquor between three and four nights every week? Yes, certainly.

8. What did he do to your mother that you called mistreatment? He would curse her and knock her around and call her bad names. He threatened her life twice.

9. Do you know who was the cause of the separation, your mother or your father? Yes, it was my father.

10. By that, do you mean that he left her? I do.

11. What sort of a wife was your mother to your father? A good one.

12. Had he any good reason to complain of her treatment towards him? No.

13. What sort of a mother was she to the children and yourself? She was a good mother.

14. What sort of a father was your father to yourself and your brothers and sisters? A very cruel one.

15. Since the time of the separation between your father and mother, who supported the smaller and minor children? My mother.

16. Do you know where your father is living now? At Gaithersburg, Maryland.

17. Do you know how long he has been living there? For over two years.

18. Do you know where your mother has been making her home for the past two or three years? She has been living at Bethesda, Maryland, for about three years.

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[same date as above]

Miss Margaret C. Dillehay,

a witness of lawful age, produced on the part of the Plaintiff, first being duly sworn and examined, deposes and says: --

I am 18 years of age, and reside with my sister, Mrs. Mary E. Jewell, at Conduit Road, D.C.

By Mr. Garrett: --

1. Are you acquainted with the Plaintiff and Defendant in this case? All my life.

2. What relation are you to the parties to this suit? A cousin.

3. Do you know whether or not Mr. and Mrs. Nicholson are living together as man and wife? I know that they are not.

4. How long, to your certain knowledge, have they been living separate and apart? Six years.

5. Do you know where Mrs. Nicholson now makes her home? At Bethesda, Maryland.

6. Do you know how long she has been living there? About three years.

7. Do you know where Mr. Nicholson is living at the present time? At Gaithersburg, Maryland. He has been there three years to my knowledge.

8. Did you ever hear Mr. Nicholson say that he had left his wife? Yes, I have heard him say that he had left her.

9. How long ago was that that you heard him say that? About three years ago.