McQueen Divorce: Part Five

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.

 

McQueen Divorce

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

Intgy. 2nd 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. 3rd 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. 4th 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. 5th How many children had they while they lived together?

Intgy. 6th 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. 7th 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. 8th 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. 9th 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. 10th Has or not the said Elizabeth the complaintant resided nearly all the time for the last 10 years in the State of Mississippi

Intgy. 11th 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. 12th 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 18th

day of August 1838

James Keeton Clerk

McQueen Divorce: Part Four

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.

 

Peter McQueen and Elizabeth Freeland Divorce Papers-2nd Witness Examination Appointment

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 3rd day of December

A. D. 1838

James Keeton Clerk

 

Elizabeth McQueen

vs

Peter McQueen

Dedimus Potestatem

To S.B. Boyd Esq.

Feen-A-Mint 1938

This ad was found in the now defunct Woman’s World Magazine (not to be confused with the current “every woman needs to go on a diet and fix their relationship” Woman’s World Magazine").  Actually, there were several ad’s for similar products-similar in the fact that apparently women back in the day were very constipated…probably after trying recipes also found in the magazine such as “Noodle Surprise” and “Noodle Ring”.

Feen-A-Mint 1938

I looked it up and the guy that invented this laxative gum also invented an aspirin gum.  Interesting.

I wonder why it was called Feen-A-Mint?  I mean, I get the mint part, but what about the “Feen” part?

McQueen Divorce: Part Three

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!

Peter McQueen and Elizabeth Freeland Divorce Papers Private Seal

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 27th 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

Delila Paralee Duffel

Ok, so when I first started building my family tree I noticed that Amanda Summers’ husband, James Anderson Proctor, had been married before to a woman named Paralee, but it seemed as though no one knew who Paralee was, last name, parents, etc.  I had put it in the back of my mind to search for her at some point because she intrigued me.

The book Houston County, Tennessee Families and Histories (Turner Publishing Company, 1995) lists a Paralee Duffel, born about 1837, as the daughter of Allen Duffel and Susan McCarroll.  I don’t know if this escaped others’ attention or if no one bothered to look into it, because I think it gives a pretty good clue.  In fact, when I first saw that I remembered that I was going to research the mysterious Paralee, first wife of JA Proctor.

Now, you’re going to have to stick with me when it comes to her birthdate(s), because we are going to be jumping all over the place with it.

In 1850 Paralee is on the census with her mother Susan, brother Ebbert (age 27 years), brother Thaddeus (age 19 years), sister Mary (age 15 years), brother Thomas (age 11 years) and brother Hardena (yes, brother, listed as a male, age 9 years).  The family is living in Stewart County, Tennessee.  Allen Duffel, Paralee’s father, had passed away previous to this census.  Paralee is listed as 13 years of age, estimating her birth year at 1837, as the book had noted.

Delila Paralee Duffel 1850 census

But we all should know how incorrect census records, and books, can be.  Also, to be noted, if you are looking on Ancestry for this record, the transcriber…transcribed…the name as Sarah, though to me it plainly says Paralee.  And for the record, a lot of names were misspelled on marriage and death records, along with birth records that were kept by doctors and churches.

I cannot for the life of me find Paralee in the 1860 census.  I have looked and looked, but I just can’t find her.  No, let me rephrase:  I have not yet found her in the 1860 census.

Now, to share what I found and have been waiting on for what feels like forever to arrive in the mail:  a marriage certificate!  A marriage certificate for James A(Anderson) Proctor and Delila Paralee Duffle (Duffel).  No joke.  I check census records to track James Anderson Proctor and sure enough he was in Montgomery County, Tennessee.  So the marriage record.  On September 23, 1869 James A Proctor and Delila Paralee Duffle (as the spellings are recorded) were married in Montgomery County, Tennessee.  I was told by the Montgomery County Archives that the marriage more than likely took place in Clarksville since the minister was Samuel Ringgold, who was, at the time, the Rector at the Trinity Episcopal Church in Clarksville (side note:  the same church where my mother was baptized).

James Anderson Proctor and Delila Paralee Duffel Marriage

James Anderson Proctor and Delila Paralee Duffel Marriage

So, in 1870 James and Paralee are living in District 7, Benton County, Tennessee.  James is listed as 22 years old and working on a farm.  Paralee is listed as 25 years old and keeping house.  So now her estimated year of birth is 1845.

Delila Paralee Duffel and James Anderson Proctor 1870 census

Paralee doesn’t show up on any other census records.  She is, however, on the 1880 US Mortality Schedule.  What this tells us is:  at the time of death she was 40 years old, estimating her birth year as 1840; she was a housekeeper (whether that means “house wife” or an actual housekeeper, I don’t know…probably the former); her date of death was February 1880; she died of consumption; she died in Houston County, Tennessee (which it should be known that Houston County was formed in 1871 from-depending on the sources-the counties of Stewart, Dickson, Montgomery, Humphreys and Benton…I don’t know which of these are the exact counties, but hopefully someone will enlighten me).

Delila Paralee Duffel Death 1880 US Mortality Schedule

James Anderson Proctor married Amanda Summers on December 11, 1880. 

So, I am pretty convinced that Delila Paralee Duffle and James A Proctor are my Paralee Duffel and James Anderson Proctor.  Hopefully if I am wrong then someone let me know with proof.  This also means that, as some will dispute purely for moral reasons, James Anderson Proctor was Amanda’s uncle, but only through marriage. 

I am waiting to find out if they married at Trinity Episcopal Church in Clarksville, Tennessee.  Let’s keep our fingers crossed that they find a record that may contain more information!

McQueen Divorce: Part Two

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”.

Lauderdale County, Mississippi

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

McQueen Divorce: Part One

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)

 

Peter McQueen and Elizabeth Freeland Date of Divorce Petition

 

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 21st 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 22nd day of May A.D. 1838

Tho. S. Sterling (seal)

Gumm Cemetery, Baldwin County, Ga

Gumm Cemetery

My husband and I have passed this cemetery many, many times on the way to visit the lake house and I always wanted to stop, but never really had the chance until this last week.  There are few headstones (only nine) and one footstone without a headstone.  Two of the headstones are blank and there is an unmarked crypt (crypt?  is that what it’s called?  I dunno!). 

 

The first of the unmarked headstones is really neat.  At first I thought it had just slumped over or had at some point been leaned up against the tree, but then my husband pointed out how the tree had kind of grown up around it. Gumm Cemetery Unknown

Gumm Cemetery Unknown

 

Next to the first is the second unmarked grave.  I sure wish I knew who they are! gummunknown2

 

The next headstone is for Gladys Binford Stacey.  Her headstone reads: JAN 22 1920, JAN 16 2006, OUR ANGEL.  I looked her up, but was unable to find anyone matching her names and those dates. Gumm Cemetery Gladys Binford Stacey

 

The next headstone is for Jacob Gumm.  His headstone reads: Horton’s GA, Mil. War, 1812.  He had fought in the Creek and Mexican wars.  Jacob Gumm’s wife was Katherine Hightower.  His father, also Jacob Gumm, was a Revolutionary War soldier.  The local chapter of the DAR and the Baldwin County government ceremoniously donated his headstone and footstone in 1916.  There is a lot of information about him and his father all over the internet. Gumm Cemetery Jacob Gumm Gumm Cemetery Jacob Gumm Footstone

 

Nearly directly behind Jacob Gumm is a tiny headstone that is quite unreadable.  I felt along the front and was able to make out what it reads:  Carrie Burnette, Jan. 29, 1895, May 6, 1896, In heaven.  No further information. Gumm Cemetery Carrie Burnette

 

Just beside Carrie is another grave, this one without a headstone, but there is a footstone. Gumm Cemetery Unknown Footstone

 

In front of the footstone is a headstone for Edith Long Binford.  Her headstone reads: Mar 28 1899, Oct 17 1981.  She was the daughter of Lena Long, no father listed.  She had several siblings (according to census records).  No further information. Gumm Cemetery Edith Long Binford Gumm Cemetery Edith Long Binford Footstone

 

Next to Edith is the headstone for James M Gumm.  His headstone reads: Born, Dec 14 1809, Died, June 2 1872, A Christian Gentleman.  The first thing I found on James M Gumm was that he was a signing witness on the will of Martha Yates Babb.  Robert Gumm was the executor of her will and is stated as her friend.  James was a trustee of the Black Springs Academy in Baldwin County.  No further information. Gumm Cemetery James M Gumm

 

The last grave is the unmarked crypt.  I tried to brush off some of the leaves and “stuff” on it, but it was a lot of moss and fungi, so I left it.  I didn’t want to ruin anything. Gumm Cemetery Unknown

 

I sure wish I knew who the unmarked are.  I don’t think that the Binfords are related to the Gumms, though I can’t say for certain.  According to the census records that Edith was on the area was called “105 District Gumm”.  I can see Edith on the census records in that area from 1900 to 1920.  In 1910 there is a Gladys Burnette living with the Long family. 

I wonder how many others are buried in this cemetery?  Does anyone out there have any further information on these families?