Divorce of WENTWORTH, Amon Elias and Anna Clara Boutwell, Todd Co., MN 14 February 1894 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Ken Johnson Kenjohnsontroymi@hotmail.com ==================================================================== State of Minnesota} County of Todd} Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Complaint The plaintiff for his cause of action against the defendant alleges: That his age is forty years, and that of the defendant is thirty six years. That he is now and for the passed fourteen years has been a resident of the state of Minnesota and for passed four years of Todd County, that such residence has been in good faith and not for the purpose of obtaining a divorce. That at the town of Medford in the state of Massachusetts, and on the 15th day of May 1878, plaintiff and defendant were duly married and became husband and wife. That plaintiffs conduct toward the defendant has always been that of a faithful husband, and until deserted by her as herein after stated he made suitable provision for her according to his means. That on the 5th day of July 1890 ^at Staples, Minn without cause or provocation, the defendant left plaintiffs board and bed and wilfully deserted him and family and went to parts unknown to plaintiff and ever since hath absented herself and remained away, taking with her the youngest child. That there were born to plaintiff and defendant three children, the first a son now aged ten years, named George W. who is now with plaintiff, the second a girl named Mabel now aged eight years and now with plaintiff. The third a girl named Ida now aged five years, which child defendant took with her when she left and her whereabouts is unknown to plaintiff. That plaintiff is a proper person to have the care and custody of said children and defendant is not. Therefore, plaintiff prays for a divorce from the defendant for the care and custody of their minor children, and for such other relief as to the court may seem just & right. B. F. Hartshorn Plffs. Atty Staples, Minn. State of Minnesota County of Todd } Amon Wentworth, being by me duly sworn on oath says: That he is the plaintiff in this action, that he has heard the foregoing complaint read and knows the contents thereof, and that the same is true except as to matters stated upon information and belief and as to those he believes them to be true. Amon Wentworth Subscribed and sworn to before me this 13th day of November 1893 B. F. Hartshorn Notary Public SUMMONS State of Minnesota District Court County of Todd Seventh Judicial District Amon Wentworth Plaintiff Vs. Anna Wentworth Defendant The State of Minnesota, To the above named Defendant: You are hereby summoned and required to answer the complaint of the Plaintiff in the above entitled action, a copy of which is on file in the office of the Clerk of the District Court of Todd County and to serve a copy of your answer to the said complaint on the subscriber, at his office in Staples in said County, within thirty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said complaint within the time aforesaid, the Plaintiff in this action will apply to the court for the relief demanded in the complaint. Dated Nov 13 1893 B. F. Hartshorn Plaintiff's Attorney, Staples Minn. State of Minnesota Todd County } I certify and return the within summons, not having served the same on the within named defendant for the reason that she cannot be found in this county. Milage 5 miles 50. G. W. Maynerd Sheriff Nov 14th 1893 by W. D. Wright State of Minnesota} County of Todd} Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Came before me Amon Wentworth who being duly sworn on oath says: That he is the plaintiff in this action, That the summons therein cannot be served on the defendant in this state as shown by the return of the sheriff endorsed thereon. That the defendant is not a resident of this state, that her present Postoffice address is wholly unknown by afficant [?], nor has afficant [?] after inquiry been able to assertain the same. That a copy of complaint is filed in the Clerks office, that this action is for divorce, and the care and custody of minor children. Amon Wentworth Subscribed and sworn to before me this 14th day of November 1893 B. F. Hartshorn Notary Public State of Minnesota} County of Todd} Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Order of Publication Now to wit: November 17th 1896 on reading the annexed affidavit of the plaintiff and an inspection of the return open summons, and upon application of B. F. Hartshorn, plaintiffs attorney. It is ordered that the summons in this action be served by publication in the Staples World, a weekly newspaper published at Staples in said county, for the length of time required by law. [unreadable] dist. Judge Nov 17 1893 Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Affidavit of no answer State of Minnesota Todd County } Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant State of Minnesota Todd County } Came before me B. F. Hartshorn who being duly sworn says: That he is the plaintiffs attorney in the above entitled action. That the summons in the action was duly served on the defendant by publication as shown by the annexed proof thereof. That 30 days after day of last publication expired February 4th 1894. That the complaint in the action was duly filed in the office of the clerk of the District Court of Todd County Minnesota prior to November 20 1893 and prior to the first publication of said summons. That no answer to said complaint nor a demur thereto has been served on him or received by him, and defendant has made default herein. B. F. Hartshorn Subscribed and sworn to before me this 5th day of February 1894. W. A. Miller Justice of the Peace Upon the foregoing affidavit and exhibits hereto attached, plaintiff by his attorney B. F. Hartshorn moves the court for the appointment of a referee to take and report the testimony in the case. B. F. Hartshorn Now to wit Feby 7th 1894 on reading the foregoing affidavit and the exhibits it is hereby ordered that W. A. Miller, a Justice of the Peace residing at Staples, Todd County, Minnesota be and he is hereby appointed a referee to take and report to the court the testimony in the above and foregoing case. Feby 7 1894 D. B. Searls Judge District Court State of Minnesota Todd County } Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Findings of Facts Law This cause coming on for trial before Hon. D. B. Searls one of the judges of said court at chambers, and the same being duly tried upon the evidence taken and returned by the referee, and after due consideration the court finds the facts and conclusions of law. I That plaintiff and defendant were duly married about the year 1879. And as the fruits of such marriage are the parents of three children viz: George Wentworth age 10 years, Mabel Wentworth age 9 years, Ida Wentworth age 5 years. II That the defendant wilfully deserted the plaintiff more than three years prior to the filing of the complaint in this action, and ever since has absented herself and remained away from him. And that all of the material allegations in the complaint are true. III As conclusions of law that plaintiff is entitled to the relief as prayd for in the complaint. Let judgment be entered accordingly. By the court D. B. Searls Feby 10 1894 Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Anna Wentworth } Judicial Court Defendant Oath of Referee State of Minnesota Todd County } You do solenmly swear that you will faithfully and fairly hear and examine this action, wherein Amon Wentworth is plaintiff and Annie Wentworth is defendant, and make a just and true report thereon according to the best of your understanding and and ability, So help you God. W. A. Miller Subscribed and sworn to before me this 10th day of February 1894 B. F. Hartshorn Notary Public Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Annie Wentworth } Judicial District Defendant Deft I do hereby certify that in pursurance of the annexed appointment as Referee after having qualified as provided by law. I proceded on this 10th day of February 1894 to take the testimony in the above case by causing the witnesses to come before me and they being duly sworn to testify the whole truth in above cause and that the following is the evidence so taken and reduced to writing by me. Mr. Amon Wentworth being produced sworn and examined testifies as follows: My name is Amon Wentworth. My age is 40 years. I have lived 12 years in Minnesota. I am the plff in this action. I know the defendant. She is my wife. We were married 15 years ago in the state of Mass. My wife has deserted me 3 years ago last July. We were living here in Staples when she left me. We were keeping house at the time. I did not know she intended to go before she went. I was working on the Section and when I came in at night found her gone. She went to Perham and stayed there about 8 months since that time do not know where she went to. She has not at any time offered to return nor have I seen her since. We have three children, the oldest named George Wentworth aged 10 years last March, Mable Wentworth aged 9 years this month, Ida Wentworth aged 5 years when she left. She packed up her cloths and the youngest child with her and as far as I know hasn't yet the two oldest are with me except that I get them boarded at Mr. Clemens about 1 mile out of town. Amon Wentworth George Wentworth being produced sworn and examined testifies as follows: I am 10 past. Mr. Wentworth is my father. I remember my mother. I know she left and went away. I was at the house when she went. She took the little child with her. She did not say a word to me. I saw her pack her trunk. She has never been back to live with us since after she went away. We stayed in the same place a little while then went down to Little Falls with Mrs. Linek a while and then w ith Mr. Clark a while then came back to Staples and lived with Mr. Hayner then went to Mr. Perkins for a while then went to live with Mr. Clemens and have lived there nearly two years. My sister lived with me at both places at little Falls and is with me now at Mr. Clemens. I went to school at Little Falls and when at Mr. Perkins and now when at Mr. Clemens. My father has furnished us our cloths since mother went away. All these places are places that Father picks out for us and paid our board. Mother has never been back since she were away nor did not say good bye when she went away. George Wentworth Gust Dalbert being produced sworn and examined testifed as follows: My name is Gust Dalberg. My age is 32 years. I know Mr. Wentworth the plaintiff. I knew his wife. I knew they lived together. I know of his wife leaving him which occurred 3 years ago last July. I was living and boarding at the house at the time. She said she was going to leaving her husband and go and live with a man out in Montana, a man that had been living with her at Detroit [NOTE: I believe this is Detroit Lakes, MN where Mable was born] before she came down here. I was working in the round house that day and when I came home she had gone. Mr. Wentworth had lived at Detroit [Lakes] before he came here to live. He came here to work on the section the winter before and left his family at Detroit [Lakes]. This man lived with her or boarded with her at Detroit [Lakes] while Mr. Wentworth was here before they moved. She said his name was George Wheeler. I have lived in Staples since she left. I know she has never been back to live with him. I am no relation to Mr. Wentworth. I knew the young child she took it away with her. Gust Dalberg August Peterson being produced sworn and examined testifies as follows: My name is August Peterson. My age is 22 years. I know the plaintiff Mr. Wentworth. I know his wife Annie Wentworth. I knew them when they lived together here in Staples. I boarded with them. I knew of his wife going away and leaveing him. She went in July 1890. She took her trunk and youngest child with her when she went and has never been back since she said she was going to Detroit. Mr. Wentworth takes good care of his children, clothes them and feeds them properly and sends them to school. August Peterson I further certify that the foregoing is the evidence of the respective witnesses in said cause as taken and reduced to writing by me and the same is now duly certified and returned to the court this 10 dy of Febrary 1894. W. F. Miller Referee & Justice of the Peace Todd Co. Minn State of Minnesota Todd County } Amon Wentworth Plaintiff } In the District Court of vs. Todd County Seventh Annie Wentworth } Judicial Court Defendant This cause having been tried before the Hon' D. B. Searls one of the judges of this court, at chambers, are said court after hearing all the veidence in the cause, and after due consideration thereof, did make its findings of facts and conclusions of law, and did order that judgment be entered accordingly. Therefore, on motion of P. W. Hartshorn plaintiffs attorney for judgment upon the findings. It is hereby ordered and adjudged that the marriage contract heretofore existing between the plaintiff Amon Wentworth, and the defendant, Annie Wentworth be and the same is hereby disolved, and that the plaintiff be and he is hereby released(?) from the defendant. It is further ordered and adjudged that the plaintiff ______ the care and custody of their three minor children; viz: George W. Wentworth, age ten years, Mabel Wentworth age eight years and Ida Wentworth age five years. For all of which ____, is now herein given and rendered to plaintiff and against defendant. Dated Feby 14, 1894 C. E. Hartwell(?) Clerk Dist court Todd Co. Minn Submitter's Note: My Great grandfather, Amon Elias Wentworth was b. 2 December 1853 in Wakefield, Carroll County, New Hampshire. My Great grandmother, Anna Clara Boutwell was b. 22 July 1858 in Woburn, Middlesex County, Massachusetts. They were married the 22nd of May 1879 in Medford, Massachusetts. They lived in Detroit Lakes, Becker County, Minnesota in 1880. Son, George was born there in 1883. My grandmother, Mable, was born there in 1885. Another daughter, Ida, was born there in 1888. The divorce record contradicts some of this information, i.e. date of marriage and length of residency in Minnesota. It is difficult to determine exactly what happened to the marriage, whether Annie just left or ? But we do know this for a fact: Amon married 2. Elizabeth Mary Ricker and gave birth to four children by her, one of which was before their divorce. Jimmy Wentworth, b. 2 April 1891, d. 9 April 1904. So, it is very possible that Annie left Amon because of his affair with Elizabeth Ricker. We are uncertain what became of Annie Boutwell Wentworth, but my very dear Aunt remembers that Annie is buried in Kallispell, Montana. Daughter Ida May Wentworth Boynton was living in Lowell, MA until her death following birth of a child. Ken Johnson