Category: Freeland Family

Ah, the exciting conclusion of the McQueen Divorce!  Guess what happened?  The divorce was granted!  I am left with a couple of questions, though:  who was Thomas Lewis that gave evidence in court and why is his statement not in with the rest of this?  And what was the name of the Judge?  I cannot make out his last name and I cannot find anyone in the area that matches his name at all.

You might think that the story is over, but you’re wrong.  There is so much I have found out about Peter McQueen.  You think he’s a jerk now?  Just wait.  I will be getting back to him soon.

As usual, the paper is transcribed exactly as it was found.  Enjoy!

The State of Mississippi

Lauderdale County

Circuit Court

May Term 1839

Elizabeth McQueen

Peter McQueen

Bill for Divorce In Chancery

The Complaintants Bill having been been previously set for final hearing and notice having been previously give by publication in the Eastern Clarion a News Paper published in the Town of Paulding, County of Jasper State of Mississippi agreeably to the previous order of this Court and as the law requires-requiring said defendant to appear and and answer said Bill of Complaint on before the nineteenth day of November A.D. 1838, at which time the said notices specified, the said Bill would be set for final hearing and a decree made thereon, and it appearing to the said Court now here said defendant that said defendant hath failed to file his answer to said Bill of Complaint and the said Court being fully satisfied by the Testimony of Thomas P.C. Lott, taken in pursuance of the previous order of this Court-as well as by the evidence of Thomas Lewis in Open Court that the material allegations of said Bill are true. It was ordered adjudged and decreed by the said Court that the said Elizabeth McQueen be and she is hereby divorced from The Bonds of Matrimony heretofore existing between her the said Elizabeth and the said Peter McQueen-the said Court further decrees that the said Elizabeth shall have the custody and education of her youngest daughter mentioned in her said Bill to wit: Caroline said to be about 13 years of age-

And the said Court further decrees to the said Elizabeth as her alimony all the property now in possession which the said Peter McQueen did or could have right-as well as all that part of her father’s estate to which she as his heir is or may be entitled.

Given under my hand and seal

Henry M*ger (seal)

Judge fifth judicial Dist. Misp.

exercising Chancery Jurisdiction

No. 3-

Elizabeth McQueen

vs

Peter McQueen

In Chancery

Decree for divorce

Yay!  Part Six of the McQueen is divorce is the answers to the examination questions.  Just in case you forgot what the questions were, you can click here and go read them.  Go ahead, I will wait…

I promise this divorce is almost over.  It’s beginning to seem like a real divorce, huh?

So what we learn in these papers is that for some reason Robert w Lott was not involved in the examination.  Why?  I want to know.  We also learn that Thomas PC Lott may not have known the McQueen family very well, since he can’t really say to much about them other than Peter McQueen deserted his wife and took the two slaves.  We also learn that the examiner, Samuel B Boyd, had the most awesome of all seals.

The papers, once again, have been transcribed exactly.  Enjoy!

The State of Alabama

Sumter County

In obedience to the annexed writ or Dedimus issued from the Circuit Court of Lauderdale County in the State of Mississippi. I Samuel B. Boyd, the Commissioner named in said Dedimus have this 4^th day of April 1839 caused the said Robert W. Lott and Thomas P. C. Lott to appear beforeme and t he being first duly sworn have examined t him on oath touching the said Interrogatories annexed to said Commission in a case pending in said Court of Lauderdale County wherein Elizabeth McQueen is complainant and Peter McQueen is defendant and have reduced t his testimony to writing which is as follows to wit;

Thomas P.C. Lott answers-answer to Interrogatory 1^st I know them both

Answer to 2^nd Intgy. I can’t say that they were married legally. I don’t know

They lived together as man wife and acknowledged each other as such

Answer to 3^rd Inty. They did

Answer to 4^th Intgy. Yes they were

Intgy. 5^th Answer to I know they had two children and think they had three

Ans. To Intgy 6^th Peter McQueen left his wife and children 12 or 15 years ago and I believe he has not since returned since to live with her

Ans. To Intgy 7^th He left her almost pennyless. He carried off a couple of of negroes given her by her father.

Answer to Intgy 8^th I do not know

Ans. To Ingy 9^th She has lived a part of her time in Alabama and a part of her time in Mississippi

Ans. To Ingy 10^th Probably she has I can’t say certainly

Ans. To Ingy 11^th Yes he has

Ans. To Intgy 12^th As I stated before he took two negroes with him. I don’t know of anything more that would benefit Complaintant.

TPC Lott

Given under my hand and seal

the day and year above written

Samuel B. Boyd (seal)

Commissioner

Elizabeth McQueen

vs

Peter McQueen

Deposition

Opened in pursuance

of an order of court

in open court this 25^th

May 1839

James Keeton Clerk

Part Five of the McQueen divorce is finally getting down to business.  The questions for the witnesses, Thomas PC Lott and Robert W Lott (of Alabama, by the way) are written down on these pages.

I assume they knew Elizabeth and Peter through Elizabeth’s brother, George W Freeland, since he, like the Lott brothers, lived in Sumter County, Alabama (which is where the examination occurred).

As with the other pages of the divorce, this is transcribed exactly as it is found on the page.

Interrogatories to be propounded to Robert W. Lott and Thomas P. C. Lott of Sumter County whose State of Alabama whose testimony is required in behalf of the Complaintant in a certain case now pending in the Circuit Court of Lauderdale County, State of Mississippi in chancery wherein Elizabeth McQueen is Complaintant and Peter McQueen is respondent –

Intgy. 1^st Do you know the parties to this suit or either of them?

Intgy. 2^nd Do you know whether the said parties to this suit were married? If so please state as nearly as you can when and where they were married –

Intgy. 3^rd Did or did not the said Peter McQueen and Elizabeth McQueen live and cohabit together as man and wife for a number of years-

Intgy. 4^th Do you know whether or not they were generally reputed in the neighbourhood in which they lived to be man and wife and did they not acknowledge each other as such.

Intgy. 5^th How many children had they while they lived together?

Intgy. 6^th Did or did not the said Peter McQueen desert his said wife and children and leave them in the country? If so (^please state) about what time did he left them and whether he ever returned and lived with said wife after he first left her-

Intgy. 7^th How long has it been since he left her? And in what situation did he leave her and what property did he take with him?

Intgy. 8^th Do you or do you not know where the said Peter McQueen has lived since he left complaintant? And where does he now live? If so please state and what & what are his circumstances and what property he has if any.

Intgy. 9^th Do you know where the Complaintant has lived since her said husband deserted her. If so please state it and where does she now live?

Intgy. 10^th Has or not the said Elizabeth the complaintant resided nearly all the time for the last 10 years in the State of Mississippi

Intgy. 11^th Do you or do you not know that the said Peter McQueen has obstinately and willfully and constantly deserted and been absent from his said wife the Complaintant for more than 5 years – last past? If so please state it and all you know about it –

Intgy. 12^th Do you (^know) whether he took with him any negroses when he left Complaintant? If so how many did he take and from whom did he get said slaves?

Intgy: Please state any thing else you may know that may benefit the complaintant

Peter Doty

Sol. for Complaintant

No 5

Elizabeth McQueen

vs

Peter McQueen

Interrogatories

Filed in office the 18^th

day of August 1838

James Keeton Clerk

So, Part Four of the McQueen divorce saga is nearly identical to Part Three, with the exception of the omittance of one name:  Cleveland (Robb?).  If you read Part Three then you notice that at the end there is a notation:

“In pursuance of the written commission I have had the within named witnesses regularly subpoenaed to appear before me to give evidence on the within case and they have failed to appear.

19 Nov. 1838

Samuel B. Boyd one

of complaint”

So, pretty much the witnesses, Thomas PC Lott and Robert W Lott, didn’t show for examination.  I’m not certain why, but I sure have some crazy ideas in my head!  Both men moved to Texas, but not until about 1845, so they were still in the area (which area, though?  Mississippi or Alabama?  I don’t know if they were associated with Elizabeth’s brother or the McQueen family).  Anyway, another order for examination was appointed to Samuel B Boyd for both Thomas and Robert.

(note:  I received and finished reading the book I was waiting on that I had been told concerned Peter McQueen.  Unfortunately, I can’t grasp how it is related to him, so I am waiting on more court papers and another book that may explain it better.)

Again, what follows is an exact transcript, word for word, of this order.

The State of Mississippi Lauderdale County

Elizabeth McQueen vs Peter McQueen

Bill for Divorce in the Circuit Court of said County in Chancery

To Samuel B. Boyd Esq. Greeting

Know Ye that we in confidence of your prudence and fidelity have appointed you and by these presents do give you full power and authority to examine Robert W. Lott and Thomas P. C. Lott, upon the Interrogatories which accompany this writ: as witnesses in a cause now pending in the Circuit Court of said County of Lauderdale State of Mississippi wherein Elizabeth McQueen is Complaintant and Peter McQueen is defendant – and therefore we command you that a time and place by you to be appointed you do cause the said Robert W. Lott and Thomas P. C. Lott to come before you and then and there examine them on oath upon the Interrogatories which accompany this commission as witnesses in the Cause aforesaid and that you do take such examination and reduce the same into writing and return the same annexed to this writ – together with Interrogatories aforesaid closed up under your seal into our said Circuit Court with all convenient speed – Witness the Honorable Thomas S. Sterling Presiding Judge of the fifth Judicial District of the State of Mississippi the third Monday of November A. D. 1838.

Given under my hand and seal

of the Court aforesaid and issued this 3^rd day of December

A. D. 1838

James Keeton Clerk

Elizabeth McQueen

vs

Peter McQueen

Dedimus Potestatem

To S.B. Boyd Esq.

Part Three of the divorce papers between Peter McQueen and Elizabeth Freeland deal with the appointment of examiners for the witnesses for Elizabeth Freeman.

The last name of the gentleman Cleveland looks like Robbs, but it is kind of hard to make out.  I searched for him, but wasn’t able to find a Cleveland in the county, or in Alabama.

Everything is transcribed exactly how it appears on the pages.  Enjoy!

The State of Mississippi

Lauderdale County

Elizabeth McQueen vs Peter McQueen

Bill for divorce in the

Circuit Court of said

County in Chancery

To Samuel B. Boyd and Cleveland (Robbs) Esqrs.. Greeting-Know Ye, that we in confidence of your prudence and fidelity have appointed you and by these presents do give you or anyone of you full power and authority to Examine. Robert W. Lott and Thomas P.C. Lott as witness in a cause now pending in our said Circuit Court wherein Elizabeth McQueen is Complain and and Peter McQueen is respondent. And therefore we command you  or any one of you that on the ___ day of ___ you do cause the said Robert W. Lott and Thomas P.C. Lott to come before you or either of you and then and there examine them on oath as witnesses in the cause of a foresaid and that you or either of you do take such examination and reduce the same into writing and return the same annexed to this writ; closed up under your seals, or the seal of any one of you into our said Circuit Court with all convenient speed.

Witness Thomas the Honorable Thomas S. Sterling Presiding Judge of the fifth Judicial District of the State of Mississippi the third Monday of May in the year of our Lord 1838. (and of)

Issued the 27^th day of August A.D. 1838.

Given my hand and private seal there being no seal of said court.

James Keeton clerk

C.C.L.C

(seal)

In pursuance of the written commission I have had the within named witnesses regularly subpoenaed to appear before me to give evidence on the within case and they have failed to appear.

19 Nov. 1838

Samuel B. Boyd one

of complaint

Elizabeth McQueen vs Peter McQueen

Dedimus Potestatem

Part Two of the divorce records between Peter McQueen and Elizabeth Freeland is the order of announcement and summons for the newspaper, in hope of drawing Peter McQueen to answer to Elizabeth’s accusations in the divorce petition.  What I find funny is that Elizabeth states that she believes Peter resides “west of the Mississippi River”, probably in Arkansas, but the announcement is placed in the newspaper in Paulding, Jasper County, Mississippi, which is a town southwest of Lauderdale County and southeast of where Peter actually was (that’s an entirely different post, but really, stay tuned because this is going to get interesting, I promise!).

The below is transcribed exactly.  My favorite part of this is “ones” for “once”.

The State of Mississippi

Lauderdale County

Circuit of said County exercising Chancery jurisdiction Special Term July A.D. 1838

Elizabeth McQueen vs Peter McQueen

Bill for divorce

It appearing to the court that the defendant in this case is a non resident of this State, on motion of the plaintiffs counsel it is ordered that unless the said defendant shall appear & plead and answer or demur to the plaintiff’s said bill for divorce on or before the first day of the next term of this court to wit on or before the third Monday of November next, the matters and things set forth in the said Bill will be set down for final hearing and a decree made thereon and it’s further ordered that a copy of this order be published in the Eastern Clarion, a newspaper published in the town of Paulding ones a week for six successive weeks before the next term of this court.

Test-

James Keeton Clerk

My line to Peter McQueen and Elizabeth Freeland:

Me-My Mom (Virginia Marie Stalls)-Granddaddy (James Paul Stalls, Jr)-Great Grandmother (Minnie Virginia Richards)-GG Granddaddy (Jerome E Richards)-GGG Grandmother (Caroline McQueen)-GGGG Grandparents (Peter McQueen and Elizabeth Freeland)

My mom and I have been working on getting the divorce papers between Peter McQueen and Elizabeth Freeland transcribed, but it’s been slow going because (amongst other reasons) the handwriting on some of the pages is pretty hard to read.  This is only Part One of the divorce, but certainly not the end.  With all of the information gathered, plus what I am still waiting to learn, this is becoming a pretty interesting part of my family.  So stay tuned for more to come!

Elizabeth Freeland and Peter McQueen married in West Feliciana Parish, Louisiana on November 27, 1820.  Without going into much detail (as you will read a decent amount below), after three children Peter McQueen took two slaves with the promise to sell them and return, then disappeared.  He returned ten years later, kidnapped the two older children and disappeared again.  I have found him since then and I am actually awaiting the arrival of a book to my mailbox about Peter McQueen.

Below is the petition for divorce from Elizabeth Freeland McQueen.  It has been transcribed word for word.  What was illegible is in purple with a question mark and what was scratched out in the petition itself is in rose with a a strike through it.  Some words were written in twice. Some words were misspelled (my personal favorite: “ded” for “dead”).  All in all, I sure wish the typewriter had been invented earlier.

Enjoy! (I mean, as much as you can enjoy a divorce petition, that is)

To the Honorable Thomas S. Sterling presiding               

Judge of the fifth judicial Circuit Court District                    

in and for the State of Mississippi exercising              

Chancery jurisdiction (vc?)–

Humbly complaining showeth unto your Honour your oratrix Elizabeth McQueen of the County of Lauderdale that in the year of our Lord __ in the County of ___ in the State of ___ your oratrix intermarried with Peter McQueen with whom she lived many years, at all times conducting conducting herself towards him with all the propriety kindness and fidelity of a dutiful wife, and to the utmost of her ability fulfilling her marriage vow, during which time four three children were the fruits of their marriage three of which are now living to wit, Louisa about seventeen years of age, Malissa about fifteen and Caroline about thirteen years of age. And your oratrix further showeth that in the year of our Lord 1827 in the County of Marion in the State of Mississippi the said Peter McQueen her husband without any provocation or just cause on the part of your oratrix, having previously disposed of nearly all their property in possession except two negro slaves given her by her father, deserted your oratrix and his helpless children, taking with him both of said slaves pretending to your oratrix that he would sell said slaves and return to his family in a short time-and ever since that time your oratrix has been with her helpless children, destitute of the property given by her father and all means of support except what was procured by her own exertions and given by the kindness of her friends, most cruelly and unnaturally forsaken and abandoned by her said husband. And further your oratrix showeth that since her said husband left her in the year of our Lord 1827 she did not know where he was but had supposed he was ded until the fall of the year of our Lord 1837 when he returned and forcibly took off with him his two eldest daughters contrary to their will and greatly to the grief of your oratrix. Your oratrix further showeth that she is informed and believes that the said Peter McQueen her said husband resides somewhere west of the Mississippi River probably in the State of Arkansas and is in possession of and owns a considerable estate and is well able to support your oratrix and his children, but that when here last fall as she is informed and believes he made threats that he would deprive your oratrix that he would deprive what scanty means of support she now possesses. And that he would take the property left of her fathers estate for her to the amount of probably fifteen hundred or two thousand dollars now in the hands of one William Lee administrator of the estate of George W. Freeland deceased, brother of your oratrix and who died in Sumter County in the State of Alabama. And your oratrix further showeth that from the time she was left by her said husband in the County of Marion in the said State of Mississippi in the year of our Lord eighteen hundred and twenty five until the present time she has resided and been a (illegible) inhabitant of the said State of Mississippi except that during the year of our Lord eighteen hundred and thirty four she resided in Sumter County in the state of Alabama during all of which time about sixteen eleven years the said Peter McQueen the husband of your oratrix has willfully constantly and obstinately abandoned your oratrix his lawful and dutiful wife. All of which actings and doings are contrary to equity and good conscience and tend to the manifest injury and apprehension of your oratrix. And in as much as your oratrix is remediless by the strict rules of the common law and can only be relieved in a Court of Chancery wherein matters of this sort are properly cognizable and relievable. In tender consideration where of may it please your Honour to grant unto your oratrix that states writ of subpoena out of Chancery to be directed to the said Peter McQueen commanding him and requiring him under a certain penalty to appear before the judge of the Circuit Court of Lauderdale County in the State of Mississippi at the next term of said Court then and there upon his corporal oath full and perfect answers to make to all and singular the facts allegation and charges in this bill of complaint contained the same as if each one were repeated and her specially and particularly interrogated thereto. And further may it please your Honour an order directed to the Clerk of the Circuit Court of Lauderdale County aforesaid commanding him to issue a writ of injunction in the premises restraining and prohibiting the said Peter McQueen from taking receiving or in any manner whatsoever intermeddling with or interrupting the property and possession of your oratrix or interrupting either your oratrix or her child Caroline who is now with her and her only child remaining. And finally on the hearing of this case may it please your Honour to make a decree of divorce of your oratrix from the bonds of matrimony heretofore existing between your oratrix and the said Peter McQueen and giving and allowing unto your oratrix out of the estate of the said Peter McQueen as alimony such an amount to your Honour shall seem just and equitable and also decreeing to your oratrix the custody and education of the children aforesaid. And granting unto your oratrix all such other and further relief as she may entitled to in the premises and your oratrix as in duty bound will ever pray (vc?)

Peter Doty Sol.                                                                 

For complainant                                                               

The State of Mississippi                                          

Lauderdale County                                                   

Personally appeared before me (a Justice of the Lauderdale County) the above named complainant Elizabeth McQueen who being first duly sworn sayeth that the facts stated in the forgoing bill as of her own knowledge are true and those stated as from the information of others she believes to be true

Sworn to and subscribed Elizabeth (W?) McQueen            

before me the 21^st day of                                                  

May in the year of our                                                      

Lord 1838

(?).B. (Brewer?) J.P.

The State of Mississippi                                            

Lauderdale County                                                             

To the Clerk of the Circuit                                              

Court of said county

Set writs of subpoena and injunction issue agreeable to the prayers of the petition on entering of the bond in the sum of five hundred dollars with two securities to be approved by your Given under my hand and seal this 22^nd day of May A.D. 1838

Tho. S. Sterling (seal)