Posted by Rhonda Shoemaker on July 19, 19103 at 22:44:38:
In Chancery of NJ
Between
Mary A Dalrymple, Petitioner
and
Theodore Dalrymple, Defendant
Masters Report and Depositions, Oscar Jeffrey, Solc
Filed March 27, 1868
In Chancery of New Jersey on Petition order of Reference
Upon opening the matter to the court on behalf of Oscar Jeffery
Solicitor of the petitioner and it appearing that process of citation for
the defendant to appear and answer the petitioners petition has been duly
issued and returned served upon the said defendant together with a certified
copy of the petition by the Sheriff of the county of Hunterdon and that the
said defendant has not appeared or answered to the same within the time
limited by law or at any other time but has wholly failed and neglected so
to do.
It is therefore on this twenty seventh day of March AD eighteen hundred
and sixty eight, ordered that it be referred to John U Shuero(?) Esquire one
of the special masters of this court to ascertain and report as to the truth
of the allegations of the petitioners petition and his opinion thereon and
that the petitioner proceed to take depositions and other evidence before
said special master to substantiate and prove the allegations in her said
petition and to bring on the hearing of the cause ex parte and that the said
master do return together with his report and as a part thereof such
depositions and other evidence as may be taken before him in pursuance of
this order.
A.O. Zabriskie
A (unintelligible) copy
Bly?ummere, Clk
Mary A Dalrymple, Petitioner
and
Theodore Dalrymple, Defendant April 9th, 1868
In pursuance of an order of this court entered in the above cause, bearing date the twenty seventh day of March in the year of our Lord one thousand eight hundred and sixty eight I have been attended by Oscar Jeffery Esquire the Solicitor of and of Counsel with the Petitioner no person attending on the part of Defendant altho he was duly noticed as appears by the deposition of William ? Duckworth, attached hereto and making a part of this my report and in the presence of the said petitioner and her counsel I have considered the matters thereby referred to me.
And the solicitor of the petitioner produced before me a certified copy of the petition filed in this cause and substantiated and proved all the matters and allegations in her said petition by the oaths of the said Mary A Dalrymple, William Forrester and Alexander Bowlby whose depositions are attached hereto and make a part of this my report, by whose testimony I was perfectly satisfied that the marriage between Mary A Dalrymple the petitioner and Theodore Dalrymple the defendant, was solemnized and took place at her fathers house in the village of New Hampton Hunterdon County New Jersey on the ninth day of October in the year of our Lord one thousand eight hundred and fifty eight being a place within this state and that the petitioner was an actual resident in this state at the time of the desertion complained of, and at the time of her scheduling her petition, and that the same defendant has been guilty of wilful, continued and obstinate desertion of the petitioner his wife and their two children for the term of three years and upwards before the scheduling of said petition.
All which is respectfully reported this 9th April AD 1868
(Signed) Jn ? Sherre?d
Special Master in Chancery
Mary A Dalrymple, Petitioner
and
Theodore Dalrymple, Defendant
On Petition &order of Reference
Depositions taken this ninth day of April in the year of our Lord one thousand and eight hundred and sixty eight, at the office of Oscar Jeffery Esquire in Washington, Warren County, New Jersey in the above stated cause, before John M Sherrerd a Special Master of said court, in pursuance of an order of the Court of Chancery of the twenty seventh day of March in the year of our Lord one thousand eight hundred and sixty eight and of a a notice in writing served upon Theodore Dalrymple the defendant, the proof of which service appears by the deposition of and a copy of said notice marked Exhibit A on the part of complainant both of which are hereunto annexed a
Mary A Dalrymple a witnes? produced on the part of the petitioner who being duly sworn according to law on her oath saith I am the petitioner in this cause and have lived in Washington a year. I am the wife of Theodore Dalrymple the defendant. I was married to him on the ninth day of October in the year of our Lord one thousand eight hundred and fifty eight, by the Rev Martin Werr (or Herr/Sherr) a Methodist minister- we were married at my fathers house at New Hampton Hunterdon County New Jersey. We lived together as man and wife nearly four years from the time we were married; We have two children who were born while we lived together. Their names are Calern ? (Calvin?) and Edward- Calvinn? eight years old and Edward will be seven years old in June next- While we lived together as man and wife, we lived in Warren County New Jersey, until he went away six years ago in this coming month of August. He enlisted in the service of the United States on the 9th of August six years ago in the Fifteenth Regiment of New Jersey Volunteers- He corresponded about one year after he enlisted- I sent him while in the army, money, boots and tobacco and all such things as that _ He sent me twenty dollars after he went into the army- I think it was along in the summer a short time after he went away. I was very much opposed to his going into the army- tried to pursuade him to stay at home- did every thing I could to induce him to stay_
He first declared to me his intentions to desert me about a year after he had entered the army- I had his letter, I looked for it thoroughly, but cannot find it. The last letter I received from him was dated the twenty second of August eighteen hundred and sixty three- ? being shown Exhibit A on the part of petitioner saith that is his handwriting- and upon being shown a letter marked Exhibit B on the part of petitioner saith that is his hand writing, and is the last I received from him and was dated the twenty second day of August eighteen hundred and sixty three- He never gave me any reason or cause for deserting me- In this last letter he accuses me of writing him a letter accusing him of something- I never wrote him such a letter- or anything to that effect. He sent me a letter &with it a card vi?te of another woman- I have the photograph but burnt the letter- He said that was the picture of his lady and that he sent it to me to know what I thought of it_ He said that was the picture of his girl and that if he had not had two children he would have married her. He said he had had her out ??ding? together several times- and upon being shown Exhibit C on the part of petitioner; saith this is the card d?ers?e referred to- I burned the letter very shortly after I received it- He was home once after he went away on furlough- He called to see me and was there about an hour- He was on furlough about three weeks in the neighborhood, and that was the only time he called to see me- and that was about a week after he returned- He came in and spoke to me I answered him and received him kindly- after he wrote that letter in June eighteen hundred and sixty three he never contributed to my support or that of the children- He came home from the army I think on the third of July eighteen hundred and sixty five. Since his return from the army he has not called to see me or the children, or contributed any thing towards our support and maintenance- I do not know where he has lived since his return from the army- I met him twice, at church at Washington Methodist Church and once near his fathers house- He did not speak to me on either of those occasions. I had my children along when I met him- He did not speak to them- He never told me he would not live with me except by letter- after we were married he left me in the 14th day of October Eighteen hundred and sixty and was gone six months. he did not leave me for any thing I had done- he went away because he had broke into a house and taken money out of John Woolvertons house- When he came back I went and lived with him. Since defendant left me I have supported these children with the assistance of my father-
After his first absence of six months I think we lived together about sixteen months, before he enlisted in the army.
Signed) Mary A. Dalrymple
Served and Subscribed the date above before me
signed) Jn. M. Sherrerd
Master of Chancery
(same page)
William Forrester another ?witness inoduced? on the part of the petitioner, ? duly sworn according to law on his oath faith I live in Springtown? in Warren County New Jersey- I am acquainted with Theodore Dalrymple the defendant in this cause. Have known him from being school boys together. ?He ?worked for his father ("step" is written above father) three years- I was in the same company H with him in the Fifteenth New Jersey Volunteers, three years. lacking a month or so, until we were discharged in June the Twenty second eighteen hundred and sixty five- I came home with him I was well acquainted with him while in the army-
I had a conversation with him while in the army about his not intending to live with his wife.
I asked him if he wished he was at home to ?dine with his wife and take care of, tobe? with his children or something of that purpose- He told me he would not live with his wife if he was home- I asked him what would become of the children- he said - Let old Alec take care of them or something to that purpose. This old Alec was his father in law Alexander Bowlby, he always called him old Alec in conversation- We had conversations at different times in which he told me he was married to another girl and that he would no go home if he was discharged a year ago last fourteenth? of July last 11? July a year (this part underlined, maybe to clarify?) he showed me the girl he said he had married- This was at the Easton? Station, and he was with her there.
I am a acquaintence? with petitioner and lived close by known her six or seven years- I have never heard any thing or know any thing disrespectful of her- believe her a lady- Upon being shown exhibit D on the part of petitioner saith it is the subpoena that was served on me to attend as witness here- Upon being shown the ?Carl(t)e de arsite? marked Exhibit C on part of Petitioner saith that while in the army he showed one at Brandy? station- he had another of a woman, it was taken on tin or steel now- and was a likeness of a girl in Warrenton? Virginia- as one of his sweet hearts or something of Mar?kin?
signed) William Forester
Sworn and subscribed the date above before me
Jn. M. Sherrerd,
Master in Chancery
(same page)
Alexander Bowlby, another witness produced on the part of petitioner, who wuz? duly sworn according to law on his oath faith. I reside in Washington Warren County and am the father of the petitioner- she was married at my house in New Hampton, Hunterdon C, NJ by the Rev M Herr a Methodist minister. I was present at the marriage, it was on the ninth of October eighteen hundred and fifty eight
They lived together as man and wife about four years as near as I can recollect- They lived on M(s/r?) Shields? farm, Warren County, New Jersey. They have two children. Calvin? and Edward. He went into the army, can't tell the exact time- She was so much opposed his going away that I could hardly pacify her or get her ?neconatis?? to it. After he went into the army she lived with me in Hunterdon County- She sent him boots &clothing, tobacco and ?vicluals? while he was in the army- I got the boots made for him-She was living with me when he came back on furlough from the army- I then lived at New Hampton. He came to see her, I think, about a week or ten days after he came in the neighborhood- He continued in the neighborhood three or four weeks. The time he came to see her he stayed with her half an hour exactly- While in the army he sent her some money at one time. How much I cannot say I have forgotten- He quit writing to her while in the army so far as I know- I think he was in the neighborhood of a year after he enlisted. I had good reasons to believe that he quit writing to her from her living with me- ??Malhez about I?? I think he has been home from the army three years or soon will be-. Since he enlisted he has only been to see her but the once- and never since his return from the army, when discharged. I and my daughter the petitioner have supported the children, ever since he went into the army- she has served &fallow drip-making &layl?ingy? for a living always turn her hand from one thing to another- He has contributed no thing since his return from the army towards her or the children support so far as I know- I know he left her ? months in 1860- he broke into a house took money &or? watch. Woolverston? house I presume he left on that account and was gone about six months- He then returned- his wife received him and went to live with him again and continued together until he enlisted-His wife treats him kindly so far as I know- I no disagreement between them-lived pleasing together.
signed) Alexander Bowlby
Sworn and Subscribed the date above before me
Jn. M. Sherrerd
Master of Chancery