Cora May
Burton
vs
Robert Burton
Shelby Circuit Court
Box 689
Filed March 21, 1907
J.H. Deitzer Clerk
~ ~ ~ ~ ~ ~
State of Indiana County of Shelby SS
In the Shelby Circuit Court
Complaint for Divorce March Term 1907
Cora May Burton VS Robert Burton
The plaintiff Cora May Burton complains of the defendant Robert
Burton and says, that the plaintiff now is and all her life time has been a
bona fide resident continuously of the state of Indiana, and that she now is
and for Nine years last past continuously she has been a bona fide resident of
Shelby County in said state.
The plaintiff further says, that she and the defendant were
legally married June 25th 1898, and lived together as husband and wife until
the 19th day of March 1907, when they separated and since said date she has
lived wholly separate and apart from the defendant.
That Two children have been born as the result of said marriage
towit: James Burton, aged Seven Years and Ralph Burton
Aged Four
Years and the plaintiff since said separation has had and still has the
custody and care of said children. The plaintiff says that she is entitled to
a divorce from the defendant by reason and on account of his cruel and inhuman
treatment of her and the causes herein after set out.
That during all the time she lived with the defendant as his wife
she treated him kindly and affectionately and performed all her martial duties
to the best of her ability, but that about two years ago the defendant began
and has continued a course or extreme cruelty and inhuman treatment of the
plaintiff until her life with him became unbearable.
That about two years ago the defendant began to work and tend bar
in a saloon in the town of St. Paul, where he has been working as a bar tender
ever since. That at the same time he began and has ever since continued to
drink intoxicating liquors to excess and has become so addicted to the habit
of drinking intoxicants and the excessive use of them until he became and is
an habitual drunkard; That he is in the habit of getting drunk once and
sometimes twice every week and that he spends a good portion of his earnings
in drinking intoxicating liquors and in carousing with other persons. That for
the last two years of their said married life and ever since he began his work
as a bar tender in a saloon and began to drink intoxicating liquors he has
treated the plaintiff with great cruelty and has shown no respect and very
little consideration for her as a wife. That very frequently during said
period and so often that it is impossible for her to give the number of times
and the dates thereof, he has come home to the plaintiff when he has been
drinking and sometimes drunk and abused her in the most profane and shameful
manner. That at such times and also at other times, and on other occasions
frequently when he was not drunk during all of said period he has cursed the
plaintiff and called her vile and insulting names, such as "Damned
Nigger," "Damned Whore," "Bitch," "Damned
Liar," "Damned Fool", and other vile names of like character
and that during the last few months before said separation the defendant has
grown worse in such conduct and treatment towards the plaintiff. That a day or
two before said separation he profanely abused her and applied such vile names
and epithets to her. That during said period of two years and especially
during said last few months of said married life the defendant frequently
became angry and would not speak to the plaintiff for days at a time but
treated her with the utmost contempt.
That he frequently would leave said town of St. Paul and be gone
till the hour of midnight and later and spend his money in drinking and
carousing and having a "good time" as he called it and informed her
at such times that he had been to Shelbyville or Greensburg or Indianapolis
and at such times this plaintiff and her two small children aforesaid would be
left alone at their home. That all of such conduct and acts of the defendant
were without any fault of provocation therefore on the part of the plaintiff.
That frequently during the last six months of their said married
life the defendant has brutely cursed the plaintiff and told her to take her
clothes and leave his Home and that a few days before said separation in such
a manner he ordered her to leave, that he did not want her about.
Plaintiff further says, that during the summer of 1906, the exact
date of which she is now unable to state, the defendant unlawfully and in a
rude insolent and angry manner struck the plaintiff with his fist and
violently pushed her down in a chair and cursed her and called her vile names
all without any excuse and without any cause or fault on her part for so
doing.
That the said conduct of the defendant and his said treatment of
her so continued and was repeated so often that she was unable to endure it
longer and live with the defendant.
That the plaintiff now is and for Eight months last past has been
pregnant with child by said defendant and in a weak, delicate and nervous
condition of health and during said time, and while she has been in said
condition said defendant has many times repeated his drunken abuse of her and
his brutal treatment as herein above stated until the plaintiff was compelled
to leave him and go to the Home of her Mother on the date above mentioned
where she has since lived separate and apart from him.
The plaintiff further says, that she now has the custody and care
of their said two children and can provide a Home for them with her Mother in
the town of St. Paul and with her Mother’s assistance that she is able to
care for them and provide them a home and give them a mother’s care and send
the said children to school in said town of St. Paul if said defendant is
required to contribute something to assist in their maintenance and support.
That this plaintiff is without any property or means but is destitute of the
means for the support of herself and said children or to provide for herself
medical attendance and supplies which will soon become necessary for her, but
is now being assisted for such support of herself and children by the charity
of her widowed mother, Melissa Wilder, and her brother, and that she should
have some assistance from her said husband for such purpose. She further says,
that she is wholly without means, property or money with which to prepare her
cause of action herein for trial and pay the costs, expenses and attorneys
fees necessary to do so without such assistance. That the defendant is a
middle aged man in good health and able to earn good wages and this his
earnings are of the value of Twelve Dollars per week, as she is informed and
believes, and that he is able to contribute money for the purposes above named
if required by the Court to do so.
And the plaintiff therefore says, that upon the trial of this
cause she is also entitled to a judgment against the defendant in the sum of
Two hundred dollars as and for alimony herein in her behalf.
The plaintiff therefore asks and prays, that an order be made
requiring the defendant to pay to the Clerk of this Court for her a reasonable
sum. In such payments or on such terms as the Court may direct, for the
support and maintenance, medical services and supplies for herself and the
support of said children during the pendancy of this action, and such sums as
may be necessary to enable her to defray the necessary costs, expenses and her
attorneys fees in prosecuting this action and the preparation of this cause
for trial.
The plaintiff further says, that the defendant, while he lived
with plaintiff on several occasions took the said children with him to said
saloon where he worked and had on several occasions declared his intention to
her of teaching said children to do things which he did when they grew up and
that frequently at their Home he has given said children whisky to drink.
That the defendant on account of his violent disposition and his
profane and vulgar and foul language which he habitually used and would use in
the presence of said children and his habits of drinking intoxicating liquors
and getting drunk is not a fit and proper person to have the care and custody
of said children. That he has no home where said children could be properly
cared for and could only place then in the hands of strangers where they would
be deprived of a mother’s care and affection.
Wherefore the plaintiff prays for a decree of absolute divorce
from the defendant, and for a judgment against him in the sum of Two Hundred
dollars as and for alimony in her behalf to be paid as the Court may direct
and she further prays for the order and judgment of the Court that she have
the care and custody of said two children, and for such other orders herein as
the Court shall deem proper in the premises.
Wray & Campbell Attorneys for the Plaintiff
Transcribed by Barb Huff
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