Chapter Three, A Telling Divorce Petition

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Some of the terms in this filing are outdated, but can be found defined online.

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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 Knapp
Solicitor



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

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Circuit Court Scott County

Illinois October Term 1867

N.J. Maddox
vs
W.W. Maddox

in Chancery

The undersigned master to whom the above cause was referred to take testimony would respectfully report, that having first sworn Oliver Peters he testified as follows

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 me
this 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.

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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.
 

Chaper Two, The Victim

This is an edited reprint from another of my blogs, Scrapping My Family History:
52 Ancestors in 52 Weeks: #45 William W Maddox, The Victim at Mauvaisterre Creek

145 Years Ago, near Merritt, Illinois

November 24, 1869, 2 PM

A gunshot rang out, echoing across the barren fields of Scott County. William Maddox, 49, was mortally wounded by his son, Lewis. Both men had been drinking. How did an ordinary farmer come to kill his father, have his name splashed on newspapers all over the midwestern United States and fuel family legends that persist to this day?

As we meet each family member over the next few months, bear in mind that there is a family history of alcoholism, especially in the 19th century. Our Native American heritage left our ancestors unable to metabolize alcohol. My great-grandmother, niece of Lewis, claimed to have one-eighth Native American blood. That would have made Lewis one-quarter and William, the victim, as much as one-half. There is no proof to date of these claims; however, the oral tradition lives on in several diverse branches of the Maddox family.

Meet the Victim

William W Maddox was born in Ohio, about 1820, to Lazarus Maddox and Elizabeth Greaton (Gratton) of Pickaway County. He was either the first or second son, with an older sister and a total of seven siblings. The family owned and worked small farms of 75 to 90 acres.

William married Nancy Jane Webb on February 21, 1840, in Pickaway County. He worked as a farm laborer, according to the 1850 census. They were the parents of at least seven children: John, David, Lewis, William H, George S, Joseph Allen and Margaret. John and Margaret died young, while David, a soldier, died near the end of the Civil War. Gaps in the birth years indicate a possibility of two other children who would have died young.

In about 1853, after the birth of George, the family moved to Scott County, Illinois. The Maddox family moved near the Greaton/Gratton family members of William's mother. They had settled in the area some 20 years before. William had been charged with assault in Pickaway County shortly before the move out of Ohio. Did he move as a way to avoid the consequences?

William bought land adjoining a deep bend of Mauvaisterre Creek. The agricultural supplement to the 1860 census shows that some 75 acres had been improved, with another 85 acres yet to be planted. By the time of his 1869 death, William owned 270 acres, much of it in fields of wheat, oats, rye, corn and barley. He also produced wool. As well as sheep, the family also kept pigs, cows and bees. There were likely chickens, though they are not shown in any record.

William and his sons had been industrious. He had tripled his father's peak of 90 acres and his sons wanted some of the land to start their own family farms. The boys wanted to receive their portion as a birthright, but William agreed only to lease half the tillable land to sons Lewis and William H. Witness statements reveal that Lewis and his father had been arguing about the land on the day of the murder.

After he was shot by Lewis, William needed someone to care for him. His treatment of his family had been abusive, based on the family stories. His assault charge adds weight to that legend. The family faced a problem. If William died, Lewis could be charged. Thus the family had every reason to keep him alive, though wanting him dead.

The hired hand, Samuel Coleman, must have been trusted by everyone, as he tended William throughout the agonizing days of his decline. William W Maddox died on December 1, 1869. His burial place is unknown, though it is likely on or near the family farm.

Chapter One, The Accusation

State of Illinois
Scott County

Complaint and information of George Green, of the county and state aforesaid, before me, Henry Hitt, an acting Justice of the Peace within and for said county, who being duly sworn on oath says that on or about the 24th day of November A.D. 1869, William Mattox [sic] sen[ior] was killed and murdered at the county of Scott and state of Illinois, and that he has good reason to believe and doth suspect that Lewis Mattox did commit the said crime and also that William Mattox Jun[ior] and William Knowles were standing by aiding and abetting in said crime.

[Signed] George Green

Subscribed and sworn to before me this 2nd day of December A.D. 1869.

Henry W Hitt J.P. [Seal]

IL. Scott County. Criminal Case Files. Scott County Courthouse. Winchester, IL.