| Notes |
- RESEARCH_NOTES:
1. Censuses:
1850 US: District 21, Pottawattamie, Iowa, p. 144b, dwelling 1267, family 1268:
James Wareha[?]d, 37, PA.
Harriet, 32, OH.
Seth, 5, IL.
Hellen Jefferds, 11, Unknown.
1860 US: Jack's Valley, Carson, Utah Territory, p. 156, dwelling #1874, family #1874 (on this same page was Jacob N. Winter & family):
Wm. H. Winter, age 30, male, occupation Stock raiser, born Indiana.
Eliza age 20, female, born Michigan.
Anne Jane age 2, female, born Utah
M. Snider, 30, male, born Indiana [William's Aunt Jane Spurgeon married Daniel Snider; perhaps M. Snider is a cousin or other relative.]
Elias Williams, 21, male
Susan Maria 25, female, servant "Piute Indian"
1900 US: Reported by another family researcher that she can be found in Oregon and that she reports her birthplace as Michigan.
1910 US: North Powder Precinct, Union, Oregon, p.33b, 3rd Street, dwelling #44, family #45:
William F. Haines, 72, married 3 times, Ohio Unk. Unk., lawyer of civil cases.
Hellen L., wife, 70, married 2 times, Michigan PA Unk.
2. Per 8 Jul 2003 email from Annie Conley whose husband is a descendant of Helen Frederick (his great-grandmother). She has quite an interesting story.
A. She died 30 Nov. 1918 in North Powder, OR. I know this because I have visited the cemetery where she is buried and I have a photo of her headstone. I also found the information in the Union Co., OR Cemetery Records and the Oregon Death Index for 1903-1970. Her husband at the time of her death was William F. Haines. She married him 21 Jan 1905 (Oregon Marriage Records) and he was the father of Helen's son-in-law.
B. Helen's name in her father's Bible is spelled "Helin." Her mother died when she was very young. Helen is said to be short and broad. When Helen's mother died her father, gave her to Oren Jefferds and his wife Zerena Rogers Jefferds (later Zerena Nolan) in Dec. 1844. Helen lived in Nauvoo, IL with the Jefferds, also Mormons, and left there during the famine and crossed the plains with a wagon train when she was 12 years old. Oren Jefferds died in March 1869. Zerena was still living in 1886 when Helen visited there with daughter Clara.
C. Helen was married first to Seely Owen. She was the third wife in a Mormon household. She left Owen on March 25, 1857 because the first wife was very abusive to her. The bishop released her from the marriage. She had no children by this marriage. She was working as a domestic in the household of Jacob Winter when he and his brother William (my husband's great grandfather) decided to move west to Jack's Valley, Nevada. Helen went with them. And sometime on that trip she moved into William's wagon. She and William Winters were never legally married. She filed for divorce from William twice in Nevada and it was denied both times. She later filed for divorce in Oregon and it was granted in 1892. She later married William Haines.
D. In the fall of 1875 Helen took all the children (there were 12 in all, 8 living in 1875) except George and went to Utah to visit her foster mother. Her daughter Clara was born on this trip. She returned early in 1877 and in the spring she moved with the children to Petaluma, CA. It was after this that William married Matilda Duncan. In April of 1879 she was confined to Napa State Hospital (in California) and William took the children (except Anna, who was married) back to Elko Co., Nevada where his wife, Matilda took care of them. In Feb. 1880 she was released from the hospital and moved in with Anna and her husband. Anna is my husband's grandmother. Six months later William traveled to California and took her back to his home in Nevada. About 1882 William, Helen and the children moved to Oregon. William and Helen were not living as man and wife. Most of the time they lived in separate houses. Matilda did not go until later.
E. I have all the divorce records and a group of stories written by Helen's youngest daughter Clara. These stories tell about Clara's Childhood. And living with her mother and "stepmother." But the divorce records tell a very interesting story too.
3. From Leslie Wood 18 Jul 2003 : After Helen's mother died David Frederick gave his daughter Helen to Orin Jefferds and his wife Zerena Rogers Jefferds [Noland] to raise. Orin Jefferds was living in Nauvoo, Illinois at the time but had traveled back to Michigan (where Helen was born] to settle business 20 Dec 1844 to 20 Apr 1845. Orin's journal states that Helen came to live with them in Dec 1844 and lived there until she was married [as 3rd wife] in Salt Lake City, 27 Nov 1853 to Seely (Seley) Owen, a polygamist. Seely Owen's first wife abused Helen, so with Bishop Richards' permission she left him, got a "bill" 25 March 1857 & went with William Winter to Carson Valley, NV. Orin Jefferds journal states that Helen married Wm. Winter June 1858 but in his affidavit of 1891 [see his scrapbook] William states that he & Helen were never married and as late as 1866 she had not divorced Seely Owen. Excerpts from the Journal of Orin Jefferds concerning Helen Louisa Fredrick:
P. 43 - "I would here say David Fredrick lost his wife and gave us his daughter Helen Louisa who was born June 19 1839. She came to our house in December 1844, lived with us until she was married in Salt Lake City."
P. 55 - "I should say here that our girl Helen Louisa lived with us until November 27, 1853. She was sealed to Seley [Seely] Owen, his first wife abusing her, pounding with clubs and chairs. She left and came home from time to time. Bishop Richards, finding she could not live with them advised her to leave for good. She got a bill March 25th 1857 and was married June 1858 to Wm. Winter and moved to Carson Valley. She has had four girls now - June 1862 and the second one died when about 10 months old."
"Anna Jane born March 30, 1859; Zerena Elizabeth born Aug 30, 1860; Catherine H. born October 25, 1861; Sarah Bell born December 2, 1862; George Snider born September 17, 1863."
4. Excerpts from "Journal of Oren Jefferds," MS1425, Historical Department, Church of Jesus Christ of Latter-day Saints, Salt Lake City, UT. Note that journals are lengthy and only brief excerpts of immediate genealogical interest follow. Also note that I have made punctuation and capitalization corrections for easier reading:
Page 43: "I would here say David Fredrick lost his wife and gave us his daughter Hellen Louisa who was born June 19th, 1839. She came to our house in Dec. 1844, lived with us until she was married in Salt Lake City. I and my wife Zerena received our endowments in the House of the Lord January the eighth, 1846. We landed on the Misourie River the next fall. Built a house in Winter Quarters - lived in it two winters: 47 and 48. Lost one or two cows the first winter and in the spring mooved back over the River on Honey Creek. Fenced 5 acres of hand plant[e]d corn; raised 200 bush[els], 40 of potatoes, 100 turnips. Built mee a house. Staid untill the 18 of Nov. then I and my wife in com. with Owen Cole started for Ohio in 1848; had a hard time traveling - got snowbound, staid in Westpoint over winter - arrived there the 17 of Dec. Staid and worked untill April 23, 1849 then started again for Ohio - traveled untill the 19[th] of May; we a[r]rived at James Thompson's in [the] Michigan town of Ypsilanti who married my wife's sister Harriet... [Oren (and family?) continue to travel through New York, Ohio, Michigan and finally returns to Kanesville Jan. 1851. He notes his preparation to leave for the West.]"
Page 49: "...the next June the 6th, 1852, started in Co. No. 6, David Wood Captain of the fifty - Isaac Boosenbank Company of ten [p. 50] for Salt Lake Valley home... Arrived in Great Salt Lake City September the 20th at Moses Demmings in first Ward; went to Little Cottenwood 23d. Bought 20 acres of land in Big Field..."
Page 55: "I would say here that our girl Helen Louisa lived with us until November 27, 1853. She was sealed to Seley [Seely] Owen, his first wife abusing her, pounding with clubs and chares. She left and came home from time to time. Bishop Richards, finding she could not live with them advised her to leav for good. She got a bill March 25th 1857 and was married June 1858 to Wm. Winter and moved to Carson Valley. She has had four girls now - June 1862 and the second one died when about 10 months old. Anna Jane born March 30, 1859; Zerena Elizabeth born Aug 30th, 1860; Catherine H. born Oct. 25, 1861; Sarah Bell born Dec. 21, 1862; George Snider born Sep. 17, 1863.
5. Helen is referred to as Mary's sister in the following transcriptions of letters from David Frederick living in San Bernardino, to daughter Mary in Utah; originals with David Fry:
May 20, 1853: "Marry, my daughter, I again take my pen to write a few lines to you. I am well and I hope that you injoy the blessing I hav ben today and had my likeness taken that is have two cases, the one I sende to you and the other I calculate sende to Nancy by male as soon I can write to hur and receive an answer yours. I sende by Brol Wm. Perkins who has ben to the sandwich Islands on a mission is on his way to the Lake. He resides in the thirteenth warde near Mr. Beans Store and if you call on him you may get it. I did not recave line from you the last maile man. Bro Lyman and kids hav not returned as yet but we expect them in about two weakes, then if I do not receave a leter from yu I shall be sadley disappointed. I want to visit Hellin Loisa as often a you can and teach hir the principels of right and to be sobere minde to reflect uppon the princepels of virtu and honesty and not to forget hir Father for he deziers to see hir wonse more while in the flesh. These few linese from you father and friend in the new and ever lasting covenant. Give my respects to Bro Scofields father and you uncal and aunt and all inquiren friends. /signed/ David Frederick"
BIRTH:
1. Online Ordinance Index info cited below.
MARRIAGE:
1. William Winter stated in court that he and Helen were never married. 1892 judgement in Oregon marital case states 18 Jul 1857 (see citation with Helen's notes). Same case indicates Matilda Anne Stoddard or Duncan married William 9 Apr 1877 in Davis Co., Utah. Alternate marriage date Jun 1858 is date that was in Helen's adopted father Orin Jefferd's journal.
2. Haines: Western States Marriage Record Index at http://abish.byui.edu/specialCollections/fhc/getid.idc?m_id=159984: Groom: William F. Haines: Bride: Helen L. Winters; County of Record: Union Co., Oregon; Place of Marriage: Union County; Date of Marriage 24 Jan 1905; Volume G; Page 451.
3. Divorce court house records of William and Helen Winter provided by Annie Conley 25 Jul 2003:
A. "This Indenture made the 30th day of January A.D. 1877 between W. H. Winters, party of the first part and Helen L. Winters, his wife, the party of the second part, both of Elko County, State of Nevada witnesseth: Whereas unhappy differences have arisen and do now exist between said parties, and by reason of the same they have agreed and do now agree, to live separate and apart from each other during their natural lives. Now therefore, the said party of the first part in consideration of the premises and in pursuance thereof does hereby covenant to and with the said Helen L. Winters, party of the second part, his wife that notwithstanding the marriage existing between them, it shall and may be lawful to and for said Helen L. Winters at all times hereafter to live separate and apart from him, the said Wm. H. Winters, and the said W. H. Winters shall not, nor will he compel her to cohabit or live with him and that the said Helen L. Winters shall be to all intents and purposes freed from the power, will or control of the said W. H. Winters, and that he shall not, nor will not, at any time hereafter under any pretense whatever sue or prosecute and person that may receive, harbor or protect her. That he will not claim any of her property, money, clothes or jewelry, that she now has or may hereafter so acquire, and the said Helen L. Winters does hereby promise covenant and agree to and with the said W. H. Winters in the same manner and to the same extant that she so covenants with the said first party that she refrains from any and all acts towards him, that he has covenanted above to refrain from as against her.
And it is further covenanted and agreed to and between the said parties that the said first party shall and does, from the date hereof, release and discharge said second party from all obligations to keep and support George S. Winters aged 15 years and Henry F. Winters aged six years (both of them issue of the marriage of said parties) but covenants and agrees to raise and educate said children with a parent's care, and the said Helen L. Winters covenants and agrees to and with said W. H. Winters to release and discharge from all expenses and responsibility with the raising and schooling of the following children the issue of said marriage; Catherine Helen aged 10 years, Eliza G. aged eleven years, Josephine M. aged 8 years, Alice aged two years and Clara their infant daughter. And that she will raise and school all of said last named children at her own expense and charge, and look to their raising and comfort with a parents care.
And the said second party further covenants and agrees to and with said first party, that she will from the date hereof release said first party from all obligation to keep or support her, and will not contract any debt or bill against said first party. And in consideration of the premises the said first party agrees to and with the said second party that upon the signing and executing of this indenture of agreement and contracts, that he will execute to the said second party his promissory notes as follows: One note for One Thousand Dollars due and payable on the first day of May 1877. One note for One Thousand Dollars due and payable on the first day of May 1878 and one note for One Thousand Dollars due and payable on the first day of May 1879 and that all of said notes shall be payable in United States Coin, and the said first party agrees to accept said notes in full satisfaction of all her right title and interest in and to all the common and community property now owned by the said parties consisting of both real and personal property. Wm. H. Winters. Helen L. Winters. State of Nevada. County of Humboldt.
On this thirtieth (30th) day of January A.D. One thousand eight hundred and seventy seven personally appeared before me, Chas. A. LaGrave, County Recorder in and for the said Humboldt County, Wm. H. Winters and Helen Winters, his wife, whose names are subscribed to the annexed instrument as parties thereto, personally known to me to be the same persons described in and who executed the said annexed instrument as parties thereto. Who each of them acknowledged to me that they, each of them respectively, executed the same freely and voluntarily and for the uses and purposes therein mentioned, and the said Helen L. Winters, wife of the said Wm. H. Winters, having been by me first made acquainted with the contents of said instrument acknowledged to me, on examination apart from and without the hearing of her husband, that she executed the same freely and voluntarily without fear or compulsion or undue influence of her husband and that she does not wish to retract the execution of the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Chas. A. LaGrave, County Recorder. Recorded at request of Wm. H. Winters Tuesday January 30th A.D. 1877 @ 30 minutes past 1 P.M. Chas. A. LaGrave, County Recorder, by Geo. F. Fell, Dep. No. 195.
B. Judgment Roll. In the Circuit Court, September Term, 1892. Judgment Renderer. 9-14-1892. Helen L. Winter, Plaintiff vs W. H. Winter, Defendant. Judgment for Plaintiff. Filed Sept. 17, 1892. L. J. Rouse, Clerk. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs W. H. Winters, Defendant. Complaint in Equity. Plaintiff for cause of suit against the above named defendant complains and alleges; That plaintiff is now and for more that one year last past has been a resident of the State of Oregon, and that defendant is now a resident of Wallowa County Oregon. That plaintiff and defendant were intermarried on or about the 18th day of July A.D. 1857 in the Territory of Utah and that they ever since have been and still are husband and wife. That there have been born the issue of said marriage twelve children, five of whom are now dead and four of full age and providing for themselves. That one son, Frank Winters aged twenty years, and two daughters, Alice Winters aged seventeen years, and Clara Winters aged fifteen years, live in Wallowa County Oregon. That on or about the first day of July A.D. 1888, the defendant commenced against plaintiff a course of cruel and inhuman treatment and personal indignities rendering her life burdensome, by then and there introducing into his family and house in Wallowa County Oregon, one Matilda Stoddard or Matilda Duncan, as she was sometimes called, and by then and there installing and placing said Matilda Stoddard in charge of defendant's said home and household as mistress and making and compelling plaintiff to become subservient to her. That at said time defendant moved plaintiff out of the house and home theretofore occupied by plaintiff and defendant and their children and placed therein the said Matilda Stoddard as his mistress in the place and stead of plaintiff, and that defendant has continued to and does now keep the said Matilda Stoddard in his said house and home as his mistress and is now living with her as such. That defendant has by his said acts excluded plaintiff from her place in the family of defendant and compelled plaintiff to live apart and separate from him and to seek another home and place in which to live and provide for herself. That defendant was not in any way morally or legally bound or obliged to support the said Matilda Stoddard, but wrongfully, and unlawfully, and without cause or provocation placed her in his said house and family over plaintiff, and to gratify his own desires. That while plaintiff lived near defendant on her own premises, to which he had compelled her to move, defendant allowed and permitted said Matilda Stoddard to ill treat and abuse plaintiff by then and there applying to plaintiff and her children vile and degrading language and epithets by calling plaintiff a whore and an illegal wife of defendant and her children by him illegitimate. That the said Matilda Stoddard boasts and threatens that she will turn plaintiff and her children out of the premises of defendant and prevent her or them from receiving any benefit or use of the property of defendant. That defendant persisted in so keeping said Matilda Stoddard in his said house and home against the protests of plaintiff and without her consent. That by so doing he excluded plaintiff from her place in his household as his lawful wife and from the society of her children to the degradation of herself and Children. That ever since the said first day of July 1888, defendant has and now does support and provide for the said Matilda Stoddard as his mistress to the exclusion of plaintiff; that plaintiff could not live in the same house with said Matilda Stoddard and defendant compelled plaintiff to move from their said home in order to give the said Matilda Stoddard a place in his house, and that by the said acts of defendant he has compelled plaintiff to live separate and apart from him to the shame and scandal of plaintiff and her children. That by the said cruel and inhuman treatment of plaintiff by defendant and the said personal indignities placed upon her by defendant, plaintiff's life was and has been rendered burdensome to her. That the defendant is not a proper person to care for and educate the two children of plaintiff and defendant, Alice Winters and Clara Winters, and that plaintiff can and is willing to support and care for them. That plaintiff was by the said treatment of her by the defendant compelled to and she does now by her own labor support herself, and that defendant does not in any way contribute thereto. That she had no property or means except one piece of land in Wallowa County, Oregon now in the possession of defendant and from which plaintiff receives no income, and that in order for her to prosecute her suit for a dissolution of the marriage contract of plaintiff and defendant as herein demanded it is necessary that defendant pay into Court for the use of plaintiff a reasonable sum for that purpose and to support plaintiff during the pendency of this suit. And plaintiff alleges that the sum of $500.00 for attorney fees, $250.00 for Court expenses and taking testimony and the sum of $50.00 per month for the support of plaintiff during the pendency of this suit, are reasonable sums for those purposes. And plaintiff alleges that she has at all times been to defendant a true and faithful wife and that the said acts of defendant in his said treatment of her were done without cause or provocation on the part of, or from plaintiff. That defendant is the owner and in possession of in Wallowa County, Oregon, the following descried lands and personal property, which property was the result and accumulation of plaintiff's and defendant's joint work during their married life, to wit: All of Section One (1) Township Three (3) South of Range Forty-five (45) East of Willamette Meridian, also the South East Quarter of Section Twenty-seven (27); East Half of North West Quarter and South West Quarter of North West Quarter of Section Thirty-four (34) Township Three (3) North of Range Forty-seven (47) East of Willamette Meridian and the South West Quarter of North West Quarter and West Half of South West Quarter of Section Twenty (20) North West Quarter of North West Quarter of Section Twenty-nine (29) Township One (1) South of Range Forty-six (46) East Willamette Meridian of the aggregate value of about Ten Thousand Dollars. Also horses and cattle of the value of about $5,000.00. That it is necessary, in order to protect the rights of plaintiff, that an order be made by this Court restraining defendant from in any manner transferring or incumbering any of his said property until the final orders of this court. And plaintiff alleges that she is entitled to the one half of all the said property of defendant as her portion. And plaintiff further alleges; That on or about the first day of April A.D. 1890, defendant willfully deserted plaintiff in Wallowa County, Oregon, by then and there, taking into his house one Matilda Stoddard, as his mistress and compelling plaintiff to move out of their said home theretofore occupied by plaintiff and defendant and thereby excluding plaintiff from her place as his lawful wife and compelling her to seek other and different places of abode separate and apart from defendant. That by the said conduct of defendant plaintiff has been compelled to and does now support herself without any aid or assistance from defendant. That ever since the said first day of April A.D. 1890, defendant has and still does wrongfully and unlawfully keep and support the said Matilda Stoddard as his mistress in his home and dwelling house in Wallow County, Oregon. That the said desertion of plaintiff by defendant was and is without provocation on part of plaintiff and has continued to the present time. And plaintiff further alleges; that on or about the 10th day of Oct. A.D. 1890, defendant committed adultery with one Matilda Stoddard, otherwise known as Matilda Duncan, by then and there having sexual intercourse with said Matilda Stoddard in Wallowa County, Oregon at the residence and dwelling of defendant the more specific time of which is to this plaintiff unknown. That the said adultery was committed by defendant without cause or provocation on the part of plaintiff. That the plaintiff is entitled to a decree of this Court forever dissolving the bonds of Matrimony now existing between plaintiff and defendant, and that she is the owner of and entitled to the one half of all property of defendant. Wherefore plaintiff prays this Court:
First; For and order of this Court restraining the defendant from in any manner transferring and incumbering any of his property, real or personal, until the final determination of this suit.
Second; That the defendant be ordered to pay into Court for plaintiff the sum of $500.00 for attorney fees and the sum of $250.00 for paying expenses and of taking testimony, and the further sum of $50.00 per month for the support of plaintiff.
Third; That upon the final hearing of this suit plaintiff have a decree forever dissolving the bonds of Matrimony now existing between plaintiff and defendant.
Fourth; That plaintiff be awarded the care and custody of Alice Winters and Clara Winters daughters of plaintiff and defendant.
Fifth; That plaintiff be decreed to be the owner of the one half of all the property now owned by plaintiff, to wit: All of Section One (1) Township Three (3) South of Range Forty-five (45) East of Willamette Meridian, also the South East Quarter of Section Twenty-seven (27); East Half of North West Quarter and South West Quarter of North West Quarter of Section Thirty-four (34) Township Three (3) North of Range Forty-seven (47) East of Willamette Meridian and the South West Quarter of North West Quarter and West Half of South West Quarter of Section Twenty (20) North West Quarter of North West Quarter of Section Twenty-nine (29) Township One (1) South of Range Forty-six (46) East Willamette Meridian of the aggregate value of about $15,000.00 and horses and cattle to the value of about $5,000.00 besides other personal property including farming implements and household effects, and that defendant be decreed to deliver over to plaintiff the one half of said personal property or pay her the value thereof.
Sixth; That plaintiff have and recover of defendant her costs and disbursements of this suit.
Seventh; That plaintiff have such other and further relief as the Court may seem just in the premises.
J. H. Slater & Son, Attorneys for Plaintiff. State of Oregon, County of Union. I, Helen L. Winters, being duly sworn say that I am the plaintiff in the above entitled suit and believe the foregoing complaint to be true. Hellen L Winters. Subscribed and sworn to before me this 5th day of September A.D. 1891. W. T. Slater. Notary Public in & for Oregon.
C. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Restraining Order. Whereas, the plaintiff in the above entitled suit has asked a decree of said Court dissolving the bonds of matrimony now existing between plaintiff and defendant and that plaintiff be decreed to be the owner of one half of all the property of said defendant, and; Whereas the plaintiff has asked an order of this Court directed to said defendant restraining and forbidding defendant from in any manner transferring his property, real and personal or encumbering the same until the termination of this suit, and to pay into Court for plaintiff the sum of $500.00 for her attorney's fees and the sum of $250.00 to pay Court expenses and for taking testimony, and the sum of $50.00 per month for the support of plaintiff. Now therefore based upon the facts alleged and set forth in the complaint of plaintiff filed in said cause, it is hereby ordered that the said defendant be and he is hereby restrained and prohibited from in any manner transferring or incumbering any property, real or personal, belonging to him until the final termination of this suit, and it is further ordered that defendant within 30 days after service of this order upon him pay into Court for the plaintiff the sum of $200.00 for attorney fees and the sum of $150.00 for Court expenses and expenses of taking testimony and the further sum of $50.00 per month until the termination of this suit for the support of plaintiff, or before the expiration of said time show cause why he should not comply with said order. It is further ordered that this order be served upon defendant by delivering to defendant a copy thereof certified to by the Sheriff of Wallowa County, Oregon. Dated at Chambers this 7th day of September A.D. 1891. James A. Fee. Circuit Judge.
State of Oregon, County of Wallowa. I hereby certify that I served the foregoing restraining order of the Court within Wallowa County, Oregon this the 11th day of September 1891 on the within named defendant W. H. Winters by delivering to him in person a true copy of said order prepared and certified to by me as Sheriff of said County. Thomas Humphreys, Sheriff.
D. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Summons: To W. H. Winters, the above named defendant; In the name of the State of Oregon; You are hereby notified to be and appear in the above entitled Court and answer the complaint therein filed against you in the above entitled cause within ten days from the service of this summons upon you, if served in Wallowa County, Oregon, but if served within any other County of the State of Oregon then within twenty days from the service of this summons upon you. And defendant will take notice that if he fail so to appear and answer, the plaintiff will for want thereof apply to the Court for the relief demanded in the complaint. J. H. Slater & Son. Atty. for plaintiff.
State of Oregon, County of Wallowa. I hereby certify that I served the within summons within said County this 11th day of September 1891 on the within named defendant, W. H. Winters, by delivering a true copy thereof prepared and certified to by me as Sheriff together with a copy of the complaint prepared and certified to by L. J. Rouse, Clerk of said County, to the said W. H. Winters in person. Thomas Humphreys, Sheriff of Wallowa County, Oregon.
State of Oregon, County of Wallowa. Service of summons and copy of complaint accepted this 14th day if Sept. 1891 in Wallowa Co., Oregon. Chas. F. Hyde, Dist. Atty.
E. Be it Remembered, That at a Regular Term of the Circuit Court of the State of Oregon, for the County of Wallowa, began and held at the Court House in Enterprise, in said County and State, on Monday, the 14th day of September, A.D. 1891, the same being the second Monday in said month, and the time fixed by law for holding a regular term of said Court, when were present: The Hon. James A. Fee, Judge, Presiding, Charles F. Hyde, Dist. Attorney, L. J. Rouse, Clerk, Thomas Humphreys, Sheriff. When, on Wednesday the 16th day of September A.D. 1891, or the third Judicial day of said Term, among others, the following proceedings were had, to wit: Helen L. Winter vs William H. Winter. Now at this time this cause being called and J. D. Slater appearing for plaintiff and it appearing that the time for answering has not expired this cause is continued for the Term. Jas. A. Fee.
F. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff, vs William H. Winters, Defendant. Comes now the above named defendant and demurs to the first alleged cause of suit in plaintiff's complaint on the following ground towit;
1st: That said alleged cause of suit does not state facts sufficient to constitute a cause of suit. Defendant demurs to the second alleged cause of suit in said complaint on the following grounds, towit;
1st: That said second alleged cause of suit does not state facts sufficient to constitute a cause of suit.
Defendant demurs to the third alleged cause of suit in said complaint on the following grounds, towit;
1st: That said third alleged cause of suit does not state facts sufficient to constitute a cause of suit.
Defendant further demurs to the whole of said complaint on the following grounds, towit;
1st: That said complaint does not state facts sufficient to constitute any cause of suit.
2nd: That several causes of suit have been improperly united.
3rd: That the suit has not been commenced within the time limited by the code of Civil Procedure.
Ivanhoe & Sheahan and R. Eakin. Attorneys for Defendant.
G. The Circuit Court for Wallowa County, State of Oregon. Helen L. Winter, Plaintiff vs William H. Winters, Defendant. Affidavit of W. H. Winter. I, W. H. Winter, being first duly sworn say, That I am the defendant above named and have a good, sufficient, valid, existing defense to the complaint filed in the above entitled action and to each alligation contained in said complaint, as I am informed by my counsel, to whom I have made a full and detailed statement of all the facts I am able to move in all my relations with the plaintiff above named. That on or about February 1857 I first met the plaintiff in Utah Territory, and that at that time plaintiff was the wife of one ____ Owen, and possessed of no property, but serving as a domestic doing general housework in the house of my brother. That at that time I was the owner and possessed of as the result of my own labor, property of the value of not less that $2000.00. That plaintiff's husband, the said Owen, was a Mormon in religion, and the community in which he and plaintiff lived was settled by people of that religious faith, and any gentile who in any manner opposed on interfered with Mormon affairs or families was in actual and imminent danger of being mysteriously murdered and his property stolen or confiscated by the church. That myself and brother and his family were all gentiles and the religious sentiment in said community was so violent against all gentile people at that time that we were in constant danger and we were compelled to secretly leave said community and flee across the mountains, intending to go to the state of California, taking with us our property, consisting principally of live stock. That plaintiff repeatedly begged me to take her from the rule, control and oppression of her said husband, who cruelly and inhumanly mistreated her to my actual knowledge. That I took plaintiff, at the risk of my own life and property and at my personal expense, as she had no means of her own, and escaped from said Mormon settlement with her, my brother and his family, through the mountainous wilds of Utah and what is now Nevada, then inhabited only by wild animals and hostile tribes of Indians, traveling about 1000 miles and finally settling in Carson Valley near the foot and on the east side of Sierra Nevada Mountains. That this valley at that time was almost wholly unsettled and not less than 80 miles from the nearest established settlement. That myself and plaintiff settled in Carson Valley where I obtained land and entered extensively into the stock business for the California market, and lived in said valley for 17 years. That during said time I accumulated property to the value of about $10,000.00. That during the year 1866, plaintiff left my home sometime in the spring, and as soon as I found out where she was I provided her suitable board and lodging at a respectable hotel at Carson City for the summer, thinking a summer's rest might do her good. In the same year, while so absent she commenced a suit against me for divorce in Ormsby County, Nevada and upon the evidence that she was the wife of said Owen, and had never been married to me, and I had not abandoned her, said suit was dismissed. That sometime during the fall of the same year, 1866, plaintiff returned to my house and continued to live there until sometime in the fall of 1875 when she wanted to visit her people in Utah, and asked to take the children with her. I furnished her the means to travel with and she took all the children but my son George who followed sometime about Christmas the same year. She remained in Utah on this visit until sometime in the early part of 1877 when she returned to Winnemucca, Nevada, some 75 miles from my place. During all her stay in Utah I supported her and the children, who were going to school. I repeatedly wrote her while she was away this time, asking her to return, but she refused wanting to live in Utah. When I first met her at Winnemucca on her return I had not had an answer to any of my letters for many months, and was surprised to meet her. I asked her when she wanted to come home. I had taken my son George to that place to send him away to school and she said she would not come home at all, but wanted her share of the property to take the children to California to school. I offered to send all the children then old enough to attend school, but she flatly refused to return to my home, and demanded a share of my property. Finally plaintiff and defendant entered into a written agreement at this time agreeing that plaintiff and defendant would live separate and apart during the remainder of their natural lives. And plaintiff therein, in consideration of the conditions of said agreement, in writing, covenanted to and with me that she would not in any manner or under any pretenses whatever sue or prosecute me for any of my property I then had, or might after that time acquire. That plaintiff released me in said agreement from any liability for her support and agreed to care for, educate and rise, with a parents care, all her daughters then with her, being Catherine Helen, Josephine M., Alice and Clara, and I was to educate, raise and care for all her sons, being George S. and Henry F. That in said agreement I bound myself to pay plaintiff out of my property the full sum of $3,000.00 all of which I fully paid to, or for, plaintiff at or before the maturity of said obligation, which said $3,000.00 plaintiff then and there accepted in full of all claims against me or my property. Sometime in the spring of said year she took all her said children and went to Petaluma, California where I purchased for her a nine acre farm planted to orchard and vineyard for which I spent $150 per acre. She moved onto this farm with her children to send them to the graded or high schools of Petaluma. I lived all this time in Elko County of Nevada, engaged in the business of ranching and raising stock. I sent my son George to plow and farm her land at her request and to go to school. Sometime in 1879, I think, George wrote me that his mother, the plaintiff, had spent all the money, was greatly in debt and had been sent to the asylum as insane. He said his sisters were without a home or any place to stay. I sent him word at once to get them cared for and I would come down and fix things up as soon as possible, and sent him money to come home that he might help me care for the stock, as he had no home where he was. Inside of a month or two I went to California where plaintiff had lived with her children, settled in full all outstanding debts of plaintiff and her children and brought the children all back with me to Nevada, first having obtained the consent of my wife, Matilda, mentioned in plaintiff's complaint, to bring said children to my home and care for them. As I now remember it cost me about $800.00 in money to make said trip and settle said outstanding debts. While in California at this time I went to the asylum at Napa City to see the plaintiff who was both sick and insane, and the authorities would not allow her removal or in any manner interfered with and I was compelled to return to my home without her, and unable to do anything for her. Sometime in the spring of 1880, I think it was, I again went from my home in Nevada to the asylum at Napa, California to see plaintiff and got permission from the physicians to remove her to the home of her married daughter at Petaluma, thinking the change might help her. She seemed to improve and I was again compelled to return to Nevada, leaving her at the home of her daughter, the doctors having ordered that if she did not improve to have her returned. In about six months from this time plaintiff sent me word that she was much better, and wanted to come to see and be with her children. I immediately sent the money to pay her expenses and she came at once to my home in said Elko County, Nevada. That in April 1877, after said separation between me and plaintiff I was lawfully and regularly married to one Matilda Stoddard in Davis County, Utah Territory, and ever since have been and now am the lawful husband of the said Matilda. That when plaintiff returned to my house after said confinement in the asylum for the insane she seemed much more feeble in mind than ever before, and was very wilful, not wanting my wife to have any control over plaintiff's children, and my wife, having become attached to the children, wished exclusive control over them. The house was not large enough for us all, and I was extremely embarrassed by my surroundings. I fully realized that my wife should be mistress of my household, and that plaintiff was the natural mother of the children in controversy, and I wanted to avoid anything that might further affect her mind. After carefully considering the matter I sold out my lands, and my wife Matilda said if I would buy her a farm in Utah, she would like to return there and live near her children by a former husband. I wanted to come to Oregon and she would not come with me. I bought her a farm as she desired and she went to Utah to live where she remained until some time in the summer of 1888, when she came to Wallowa County, Oregon where she has ever since lived and now lives with me as my wife. That I sent the plaintiff and her children, when I sold out in Nevada, to Oregon, while I went to Wyoming Territory with a band of horses to sell. After selling said band of horses, I came to Oregon, and sometime in March 1882 I brought plaintiff and her children to Wallowa County, Oregon, where plaintiff has continuously resided at my home in said county until about July 1888. Plaintiff at her own request was moved from my house to a house I had built on a quarter section of land adjoining my place, that I had secured and improved at about $1,000 expense to myself and had deeded to plaintiff. When my wife wanted to come from Utah to my home in Oregon, I made the fact known to plaintiff and her children, and all of them expressed a willingness to have her come, and at their own instance were moved onto the farm of plaintiff, a distance of about 300 yards from the house I then lived in and still occupy as a home. That I supported plaintiff and her children at my own expense while they remained on said farm of plaintiff and have at all times when permitted so to do, provided for, supported and cared for plaintiff and any of her children. I am possessed of and own certain personal and real property in Wallowa County, Oregon, of the value of about $11,000, and that I owe, over and above any and all amounts due me, between five and six thousand dollars. I have about 200 head of cattle, not of a marketable class, and about 500 tons of hay which unless fed by me to steers for the spring of 1892 will result in great loss to myself and cause me to lose not less that $4,000, including the loss to me of 140 acres of grain. That all of said hay and grain were grown by me with the intention of feeding all of the same to beef cattle for the market of 1892, and unless allowed to use the same for that purpose I will suffer great and irreparable loss in both means and credit.
That the restraining order in this suit has so impaired my credit in the business circles of Wallowa County, Oregon, that I have so far been unable to secure money to pay the hired help I was compelled to have in harvesting my said crop of hay and grain and unless said order is removed from my property it will be sacrificed by my creditors as I can neither sell it or get the money to pay them, or use it as a basis for credit. That plaintiff owns in her own name and unincumbered the following described real estate in Wallowa County, State of Oregon, to wit; N. W. 1/4 Section 6, Twp. 3 N. Range 46, E.W.M. and that said tract of land in it's present state of improvement is worth not less that $800.00 as a basis for business or money credit. That plaintiff is not obliged to work for her own support, and that said tract of land, properly managed, will support plaintiff as well as she is now supported by her own efforts. That plaintiff left said tract of land some time in the spring of 1890, unknown to me and has remained absent ever since, and I have simply kept up repairs and cultivation of said land and paid all taxes thereon to keep the same intact for plaintiff. That I have at all times used every effort and means at my command to prevent my wife from abusing in any manner the feelings of plaintiff and her children, and that neither my wife or anyone else has ever been either permitted or allowed by me to in any manner abuse, mistreat or insult the feelings of plaintiff and any such conduct on her part was without my knowledge or consent. That I have not now and never had an unkind feeling for the plaintiff but always have and always will render plaintiff and her children any assistance they may need that I can. Wm. H. Winter. Subscribed and sworn to before me this 29th day of September 1891. D. W. Sheahan. Notary Public for Oregon. Submitted at Chambers. Filed Oct. 6, 1891. L. J. Rouse, Clerk.
H. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. To Helen L. Winter and J. H. Slater & Sons, your attorneys: You and each of you will please take notice that the defendant W. H. Winter, by his attorneys, Ivanhoe & Sheahan, will apply to James A. Fee, one of the Judges of the Sixth Judicial Dist. for the State of Oregon, at Chambers in the Court House at Pendleton, Umatillia County, Oregon on Wednesday, the 21st day of Oct. 1891, at ten o'clock A.M. of said day for an order dissolving the injunction heretofore granted herein, the said cause to be heard upon the pleadings and affidavits herein. Ivanhoe & Sheahan. Attys for deft.
I. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Comes now the defendant above named answering the complaint of plaintiff above named and for defense to plaintiff's alleged cause of suit denies and alleges as follows, towit:
1st: Denies that plaintiff and defendant were intermarried on or about the ___ day of July 1857, or on any other date, or time, or at all, in the Territory of Utah, or in, or at any other place, or at all, or that they ever since said date, or since any other date, or time, or at all, have been, or now are, or ever were husband and wife. Denies that there have been born as the issue of said alleged marriage twelve, or any other number of children. Denies that on or about the first day of July 1888, or any time, times, or at all, defendant commenced against plaintiff a course of cruel or inhuman treatment, or personal indignities, or rendering her life burdensome, or by then or there, or at any other time or place, introducing into his family or house in Wallowa County, Oregon, or elsewhere one Matilda Stoddard, or Matilda Duncan, or did then, or there, or at any other time or place, install, or place said Matilda Stoddard, or anyone else, in charge of defendant's home, or household as his mistress, or did make or compel plaintiff to become subservient to her, or to anyone else. Denies that at said time, or at any other time, defendant moved plaintiff out of the house, or home or other place, theretofore, or at any time occupied by either plaintiff or defendant, or any of their children, or place therein the said Matilda Stoddard, or anyone else, as his mistress, or in the alleged place or stead of plaintiff, or that defendant has continued to, or now does, or ever did keep the said Matilda Stoddard or anyone else in his house or home as his mistress, or is now, or ever has been living with her or anyone else, as such, or in any other manner, except as his lawful wife. Denies that defendant has by said alleged acts, or any other acts, or otherwise, excluded plaintiff from her alleged place in the family of defendant, or compelled plaintiff to live separate, or apart from him, or to seek another home or place in which to provide for herself, or any one else. Denies that defendant was not morally or legally bound or obliged to support the said Matilda Stoddard, or that he wrongfully, or unlawfully, or without cause placed her in his house or family, or over plaintiff, or to gratify his own desires, or otherwise, except as his lawful wife. Denies that defendant compelled plaintiff to move to her own premises near defendant, or that while plaintiff lived thereon, defendant allowed or permitted the said Matilda Stoddard, or anyone else, to ill treat, or abuse plaintiff, by then or there, or at any other time or place, applying to plaintiff or her children, vile, or degrading language, or epithets, or by calling plaintiff a whore, or illegal wife of defendant, or her children by him illegitimate, or in any other manner, or at all. Denies that defendant persisted in so keeping said Matilda Stoddard, or anyone else, in his house or home, or against the protests of plaintiff, or without her consent, or otherwise, or at all, except as his lawful wife, or that by so doing he excluded plaintiff from her alleged place in his household, as his alleged lawful wife, or from the society of her children, or to the degradation of herself, or Children, or anyone else, or otherwise, or at all. Denies that ever, or at any time, since the first day of July 1888, or since, or at any other time, times, or at all, defendant has, or now does, or ever did, or now does, support, or provide for the said Matilda Stoddard as his mistress, or otherwise, except as his lawful wife, or to the exclusion of plaintiff, or anyone else, or that plaintiff could not live in the same house with the said Matilda Stoddard, or that defendant compelled plaintiff to move from their alleged home, or other place, to give the said Matilda Stoddard, or anyone else, a place in his house, or that by said alleged acts, or otherwise, or at all, defendant has compelled plaintiff to separate, or apart from him, or to the shame or scandal of plaintiff, or her children, or otherwise, or at all. Denies that by said alleged cruel, or inhuman treatment of plaintiff, by defendant, or the said alleged personal indignities, alleged to be placed upon her by defendant, or otherwise, or at all, plaintiff's life was, or ever has, or now is rendered burdensome to her. Denies that plaintiff was by the said alleged treatment, or any treatment of her by defendant compelled to, or that she now by her own labor support herself, or that defendant does not contribute thereto. Denies that plaintiff has no property or means, except one piece of land in Wallowa County, Oregon. Denies that the said piece of land is now or ever has been in the possession of defendant, except for the purpose of caring for the same for plaintiff and preventing waste thereon. Denies that plaintiff receives no income from said piece of land, or that in order for her to prosecute this suit it is necessary that defendant, or anyone else, pay into Court, or otherwise, for the use of plaintiff, or anyone else, a reasonable, or any sum, for that or any other purpose, or to support plaintiff during the pendency of this suit, or otherwise or at all. Denies that the sum of Five Hundred Dollars, or any other sum whatever, for attorneys' fees, or for any other purpose, or at all, or the sum of Two Hundred and Fifty Dollars, or any other sum whatever, for Court expenses, or taking testimony, or for any other purpose, or at all, or the sum of Fifty Dollars, or any other sum what ever, per month, or at any other rate, for the support of plaintiff during the pendency of this suit, or for any other purpose, are reasonable sums for said alleged purposes, or for any other purpose, or purposes, or at all.
Denies that plaintiff has at all times, or at any time, times, or at all been to defendant a true, or faithful, or other wife, or any wife to defendant at all. Denies that the said alleged acts of defendant, or any other acts of cruelty were done by defendant in his treatment of plaintiff, or without cause or provocation on the part of or from plaintiff, or otherwise, or at all. Denies that any property, either real or personal, or any part thereof, owned by, or in the possession of defendant, is, or ever was the result, or accumulation of plaintiff and defendant's joint work during their alleged married life, or the result, or accumulation of any work or labor in any manner of plaintiff or any one else except defendant himself. Denies that defendant's real estate is, or ever was of the aggregate, or other value of Ten Thousand Dollars or any other sum, greater that Seven Thousand Dollars. Denies that it is necessary in order to protect the alleged rights, or any rights of plaintiff, or any one else, that an order be made by this Court, or any other power, restraining defendant from transferring, or incumbering his property, or any part thereof, or until the final or other orders of this Court, or other power, or otherwise, or at all. Denies that plaintiff is entitled to the one half, or any other part, or any at all, of defendant's property as her portion, or otherwise, or at all.
And for defense to plaintiff's second alleged cause of suit defendant denies:
1st: Denies that on or about the first day of April 1890, or any other time, times, or at all, defendant willfully or otherwise deserted plaintiff, in Wallowa County, Oregon, or elsewhere, by then, or there, or at any other time, or place, taking into his house one Matilda Stoddard or anyone else, as his mistress, or compelling plaintiff to move out of the home, or other place alleged to be theretofore occupied by plaintiff and defendant, or thereby excluding plaintiff from her alleged place as his alleged lawful, or other wife, or any wife at all, or compelling her to seek any other or different place, or places of abode separate, or apart from defendant, or otherwise, or at all. Denies that by said alleged conduct of defendant, or any one else, plaintiff ever has been compelled to, or now does support herself, or any one else without any aid, or assistance from defendant, or otherwise, or at all. Denies that ever, or at any time, either since, or before the first day of April 1890, or any other time, or at all, defendant had, or still does wrongfully or unlawfully keep, or support the said Matilda Stoddard, or any one else as his mistress, or otherwise except as his lawful wife, in his home, or dwelling house, in Wallowa County, Oregon, or elsewhere. Denies that said alleged desertion of plaintiff by defendant ever was, or now is without provocation on the part of plaintiff, or otherwise, or at all, or has continued to the present time, or any other time, or at all.
And for defense to plaintiff's third alleged cause of suit defendant denies:
1st: Denies that on or about the tenth day of October 1890, or at any other time, times, or at all, defendant committed adultery with one Matilda Stoddard, or otherwise known as Matilda Duncan, or anyone else, by then or there, or at any other time, or place, having sexual intercourse with the said Matilda Stoddard in Wallowa County, Oregon or elsewhere, or at all except as his lawful wife. Denies that said alleged adultery was committed by defendant without cause, or provocation on the part of plaintiff, or otherwise, or at all. Denies that plaintiff is, or ever was entitled to a decree of this Court, forever, or at all, dissolving the alleged bonds of matrimony, or anything else, now, or ever, or at any time alleged to be existing between plaintiff and defendant, or otherwise or at all. Denies that plaintiff is entitled to a decree of this Court that she is the owner of, or entitled to the one half, or any other part, or any at all, of all, or any part of the property of defendant, or any other decree whatever. And for a second, separate, further and more complete defense to each and all of plaintiff's alleged causes of suit defendant alleges:
1st: That heretofore towit; on or about the 15th day of April 1866, plaintiff commenced a suit for divorce against defendant by filing a complaint in a Court of General Common Law and Equity Jurisdiction, towit, the District Court of the State of Nevada, for Douglas County, in which complaint plaintiff alleged a marriage between herself and defendant in 1857, in Utah Territory, the same as alleged in plaintiff's complaint in this suit, and prayed for a decree of divorce against defendant on the grounds of abandonment and desertion.
2nd: That defendant answered plaintiff's complaint in said suit in said last named Court and for defense thereto denied the alleged marriage between plaintiff and himself, and also denied that any marriage ever, or at any time existed between plaintiff and himself, and further denied the abandonment, or desertion as alleged by plaintiff in her said complaint in said suit, or otherwise, or at all.
3rd: That afterwards towit; on or about the 15th day of July 1866, said suit was duly and regularly tried in and by the said District Court of the State of Nevada, for the said Douglas County, upon the issues of marriage, desertion and abandonment, as raised and joined by defendant's said answer and the Court having thereupon found that plaintiff had failed to establish the allegation of marriage and that there was no marriage between herself and defendant as set forth in her complaint, it was thereupon considered, ordered, adjudged, and decreed, by said last named Court, in which said suit was pending, which Judgment and decree was by said Court duly given and made that plaintiff's said suit should be, and was, thereby dismissed.
4th: That said Judgment and decree of the said District Court of the State of Nevada for Douglas County, in favor of defendant and against plaintiff is unsevered and still remains in full force and effect, and defendant hereby pleads the same in bar of this suit.
And for a third, separate, further and more complete defense to each and all of plaintiff's alleged causes of suit defendant alleges:
1st: That heretofore towit; on or about the 30th day of January 1877, in Elko County, State of Nevada, plaintiff and defendant made and entered into an agreement to and with each other, in which among other agreements, plaintiff did agree to and with defendant that in consideration of the sum of Three Thousand Dollars, to be paid to her by defendant, that she would and did then and there withdraw and forever release defendant from all and every of her claims and pretended claims or demands of what ever nature she then had or claimed to have against defendant or his property which he then had, or should thereafter acquire, and to all and every part of the same.
2nd: That defendant duly paid to plaintiff the whole of the said sum of Three Thousand Dollars according to the terms of said agreement, which said sum plaintiff then and there accepted in full satisfaction of all claims and pretended claims which she then had, or claimed to have upon defendant and his property which he then had, or should thereafter acquire, or to any part thereof.
And for a fourth, separate, further and more complete defense to each and all of plaintiff's alleged causes of suit defendant alleges:
1st: That heretofore, towit; on or about the 9th day of April 1877, in Davis County, Utah Territory, defendant and Matilda Stoddard were duly, regularly and lawfully intermarried and ever since said date have been and now are husband and wife, and living and cohabiting together as such.
2nd: That the said Matilda Stoddard is now known as Matilda Anne Winter and is the same person named in plaintiff's complaint, and alleged in said complaint to have been taken by defendant into his house and home, and with whom said complaint alleges defendant to have committed the alleged adultery.
And for a fifth, separate, and further defense to each and all of plaintiff's alleged causes of suit defendant alleges, that plaintiff should not be permitted to allege that she is, or ever was the wife of defendant, for the reason:
1st: That during all the time, ever since defendant's said marriage to the said Matilda Stoddard, to wit; the 9th day of April 1877, plaintiff has conducted and represented herself towards defendant and all the world as a single and unmarried woman, and led defendant and all the rest of mankind, during all of said time, to believe her to be such, and to act upon such belief; and plaintiff has further led all mankind to believe from her statements, actions and conduct that the said Matilda Stoddard, now known as Matilda Anne Winter, was during all of said time defendant's lawful wife, and that plaintiff has never at anytime during all, or any, of said time pretended, claimed, or represented herself to be defendant's wife, nor claimed, nor pretended to claim any right or interest in, or to, any of defendant's property, nor joined with him in the execution of any conveyances of the same.
2nd: That during all of said time defendant and his wife Matilda Anne Winter have joined in the execution of conveyances and incumbrances to and upon defendant's property, and obtained credit by so doing, without any objection or dissent on the part of plaintiff, although plaintiff was fully aware of all and every of
such transactions at the time the same were made and executed.
Wherefore defendant prays for a decree of this Court that this suit be dismissed and that the prayer of plaintiff's complaint be denied; that defendant recover from plaintiff his costs and disbursements in this suit and such other and further relief as to the Court may seem agreeable to equity and good conscience.
Ivanhoe & Sheahan, Attorneys for Defendant.
State of Oregon, County of Wallowa. I, Wm. H. Winter, being first duly sworn say; that I am the defendant in the above entitled suit and have heard the foregoing answer read, and that the contents thereof are true as I verily believe. Wm. H. Winter. Subscribed and sworn to before me this 6th day of October 1891. D. W. Sheahan. Notary Public for Oregon.
J. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Affidavit of J. P. Gardner. State of Oregon, County of Wallowa. I, J. P. Gardner, being first duly sworn say, I am well acquainted with plaintiff and defendant, and have known them intimately for about 9 years ever since they came to Wallowa County, State of Oregon. During all this time, it was generally understood in the neighborhood where they lived, that they were not husband and wife, there was no other understanding that I know of. William lived close neighbors for five years and during that time plaintiff and defendant frequently visited at my house and I visited at defendant's, and during all this time the plaintiff and her girls did defendant's house work and I saw and knew of no other circumstance or fact inconsistent with the fact that plaintiff was either divorced from or unmarried to defendant. From my association with the plaintiff and defendant and the general understanding, defendant during all this time had a living and lawful wife in Utah who signed, as his wife, all his mortgages and deeds to real property.
J. P. Gardner. Subscribed and sworn to before me this 30th day of Sept. 1891. D. W. Sheahan. Notary Public for Oregon. Submitted at Chambers. Filed Oct. 6th 1891. L. J. Rouse, Clerk.
K. In the Circuit Court of the State of Oregon for the County of Wallowa. Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Affidavit of Mary C. Stubblefield. State of Oregon, County of Wallowa. I, Mary C. Stubblefield, being first duly sworn say I am the wife of R. F. Stubblefield, and have been well acquainted with both plaintiff and defendant between seven and eight years, I knew them slightly before that. During that time they have frequently visited at our house and I have often been at the place of defendant and at these visits they often remained over night with us and I at defendant's place, and plaintiff and defendant always occupied separate beds, and did not represent themselves as living with each other as husband and wife. During all this time it was my perfect understanding from defendant and his children, and otherwise, by what they told me that the plaintiff was the divorced wife of defendant, and that since said divorce defendant had married a wife who still lived in Utah and defendant cared for and supported her. They spoke of her by the name of Tilda. In all my talk and all I have heard from other sources and from plaintiff, who has nursed me in sickness and stayed at my house for
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Chris & Julie Petersen's Genealogy
1839 - 1918 (79 years)