Divorce in the 1860's was unusual, yet Nancy Jane Webb Maddox dared to file in 1867 for a divorce from William W Maddox, the murder victim. Even today, couples who divorce tell wild stories in divorce cases, so we have to take the statements with a grain of salt. The outcome of the case isn't known; however, Nancy is listed as the widow in the probate file. Therefore it can be assumed that the divorce was not granted.
Some of the terms in this filing are outdated, but can be found defined online.
In the circuit court
of Scott County Illinois
of October Term 1867
To Hon Charles D Hodges Judge of the the first judicial circuit in chancery sitting:
Your complainant Nancy Jane Maddox represents unto your honor that she was married to Wm Maddox at Pickaway County Ohio some 25 years ago, that they are both now and have been for two years last past residents of Scott County Illinois: That on her part she has always discharged her duty fully as his wife, but charges that said Wm Maddox her said husband has violated his marital obligations continually for the last two years, without cause and in divers [sic] ways to wit:
He has been guilty of extreme and repeated cruelty by striking, beating, kicking, cussing and otherwise maltreating complainant.
He has been a habitual drunkard for the space of more than two years last past and for a long period previous
He has been guilty of repeated acts of adultery with one Eliza Taylor and others with whom he has been in correspondence for several years, but the evidence of which adultery and illicit correspondence she has not been able till recently to secure, but has now full proof of the same,
that she has three children under age the fruits of said marriage the custody of whom her said husband is unfit to have and which she desires committed to her.
She further says that said William Maddox is worth some Eleven Thousand Dollars consisting of about 300 acres of land, and a large personal property and money.
And now she prays that said Wm Maddox be made defendant to this bill and subpoenaed to answer the same not on oath that being waived, that on hearing she have a divorce from the bonds of matrimony aforesaid, that the custody of George Maddox, William F Maddox, and Joseph A Maddox, minor children aforesaid be committed to her and that of his estate she have suitable alimony, her age being 47 years, for her support, proportional to his ability and her deserts the premises considered.
And she prays that the court will make special allowance by order against said Wm Maddox for her support and the costs of this proceeding, pending this suit, and for such other general relief as equity will give the premises considered.
[signed] Nancy J. Maddox
by N M KnappSolicitor
Nancy J Maddox
vs
William W Maddox
in Chancery
for Divorce
Clerk will issue subpoena in the above cause to Scott County for defendant, returnable to October term. Also for Jane Stark, John Holton, Oliver Peters, as witnesses.N M Knapp
Solicitor
Filed August 8th, 1867
Geo G Terry Clerk
No. 21
Box 5
Circuit Court Scott County
Illinois October Term 1867
N.J. Maddoxvs
W.W. Maddox
in Chancery
question. Do you know the parties to this suit
answer. I do
question. Do you know of his committing adultery with one Eliza Taylor, if so state all you know about it?
answer. All I know about it is that I seen a letter from her to my father, stating that she needed some money, and that he Maddox knew what he had promised her, that he Maddox was the only friend she had in the world. The letter I think was written from the state of Indiana.
question. What is Maddox worth, as near as you can tell?
answer. He owns about two hundred acres of land, and some stock and some money, and does not owe anything that I know of.
question. Has he been a habitual drunkard for two years before the commencement of this suit?
answer. He is in the habit of getting drunk occasionally, but I do not know that he could be called a habitual drunkard.
question. What is the reputation of his wife in the neighborhood where she lives?
answer. So far as I know, she is industrious and considered a good woman, and makes a good wife.
[signed] Oliver Peters
Subscribed and sworn to before methis 1st day of Nov 1867
Geo G Terry
Clerk
Scott County, IL, Circuit Court Case Files Box 5 No 21, Nancy J Maddox vs Wm W Maddox, Bill for Divorce, 8 August 1867.
Research notes on the witnesses who were named by the attorney:
Jane Stark is Elizabeth Jane Dillon Stark, born in Ohio about 1836, wife of Frederick Stark. She married Sampson Cantrell in 1868 in Scott County.
John A. Holton lived southwest of Merritt by 1870 and was a laborer born in Tennessee. He was the husband of Rachel and the step-father of William Eads. The two men were called as witnesses in the murder case. John also served on the coroner's jury.
Oliver Peters and his family were listed in the 1860 census just one farm away from the Maddox family, with one laborer between the entries. The Peters family relocated to Cass County, Missouri, by the time of the 1870 census. Oliver mentioned his father in his statement. That was probably John Peters, who lived about two miles from the Maddox family. The John Peters family had lived in Indiana, the birthplace of some of his children, including Oliver. There were Taylor families in that area, so it is possible that the woman named in the suit had been a neighbor of John Peters in Switzerland County, Indiana.
