From the Fortress of Solitude
Pleasant Grove
Today in our digital gathering we review the court documents related to our third Great Grandfather Elijah Victor (Williamson Line).
It seems every family has one and we are no exception. Our 3rd Great Grandfather, Elijah Victor, abandoned his third wife (not our blood line) and was taken to court and sued for maintenance. Our relationship to Elijah comes through our Great Great Grandfather Whitty who was the son of Elijah's first wife Unicy, a native of Scotland.
The Relationship Chart
Elijah Victor (1785 - 1860) Married Unicy
is your 3rd great grandfather
son of Elijah Victor
daughter of Whitty (Whitley) Victor
son of Effie Helen Victor
son of Charles Williamson and Elda Vercellino
Kim, Victor, Kevin, Janice, Jon, Jilane, Lisa, Anette
Children of Charles Williamson and Luella Mattson
The following are the court documents related to the case.
Overseer of Poor
| }} | Warrant of |
| vs | }} | |
| }} | attachment |
Elijah Victor
~~~~~~~~~~~~~
Filed February 23d
1846 JVernon Clk
No 100 -- 1 Day
-------------------
Clrk will please
issue Subpoena for
Mary Victor
Jane Cooper &
Allen Collins ---
Patrick Meloy --- for
Plf ---
Thos A Hendricks
Aty for Plf ----
| State of Indiana | }} | |
| }} | Sct |
| Shelby County | }} | |
To
Reuben Davidson & Enoch M Tucker Overseers of the Poor of Hendricks Township in Said county Whereas complaint has been made before me
William Hacker a Justice of the Peace in and for the county aforesaid in the following words to wit
| State of Indiana | }} | |
| }} | Sct |
| Shelby County | }} | |
Before
William Hacker a Justice of the Peace in & for Said county
Enoch M Tucker and Reuben Davidson two Justices of the Peace of Hendricks Township in the county aforesaid by this their Complaint Shows that
Elijah Victor late of said Township has deserted abandoned and Separated himself from
Mary Victor his wife without reasonable cause And that said
Mary lives and has her Settlement in Said Hendricks Township And that the Said
Mary by the desertion aforesaid of her husband is left in a destitute Situation and without the means of Suport and & maintanance And that the Said
Elijah Victor has and owns property and Estate which would contribute to the maintanance of his wife were it not that he has so deserted her and witholds all Suport from her -- Which property & Estate consists in part in three Beds one Cow, one, two horse wagon, the rent Corn of the said
Elijah Victors farm for the year 1845, Supposed to be 300 bushels, one dark bay Mare And the rents and profits of the following described land to wit The South part of the East half of the North East quarter of
Section 26 Township 12 Range 6 and the South west quarter of the North East quarter of Section seven Township & Range aforesaid Which rents and profits are Suposed to be worth Eighty Dollars per year.
And that they the said
Enoch Tucker & Reuben Davidson are the only Justices of the Peace of Said Township They the said complainants therefore ask that a warrent may issue to them as the overseers of the Poor of Said Township authorising them to take and Seize so much of the aforesaid goods and Chattels of the said
Victor and to attach and receive so much of the rents and profits of the lands aforewaid as may be necessary for the Suport and Maintainance of the Said
Mary Victor
Shelbyville December 4 th 1845
| Reuben Davidson | }} | Overseers to |
| Enoch M Tucker | }} | the Poor |
These are therefore to Command & authorise you to take and seize the Said goods & chattles of the said
Elijah Victor to-wit Three Beds one Cow one two horse Wagon the rent Corn of the said
Elijah Victors farm for the year 1845 suposed to be three hundred bushels one dark Bay Mare and the rents and profits of the following described land to-wit The South part of the East half of the North East quarter of Section 26 Township 12 Range 6 And the South west quarter of the North East Quarter of Section Seven Township & Range aforesaid or so much thereof as will be sufficient for the Suport of the Said
Mary Victor to be disposed of as the Judges of the Shelby Circuit Court should order and direct for the Maintanence of the Said
Mary Victor the wife of the said
Elijah Victor so as aforesaid alledged to be deserted and such goods & Chattles and property you do safely keep and hold the same subject to the order and disposition of the Circuit Court aforesaid And of this writ you will make due service and return thereof before the Judges of the Circuit Court on the first day of the next term thereof to be holden at the Court house in Said County on the fourth Monday of February next
Given under my hand and seal
this 4th day of December 1845
/s/ William Hacker {{seal}}
Justice of the Peace
Costs as within writ ---
Justice fee --- $ ,50
Overseers fees for
Esq Davidson five
days & Esq Tucker
three days --- [illegible] $8.,00
the day of the return ---
Return ---
Clerks fees ---
~ ~ ~ ~ ~ ~ ~
Delivery Bond
Filed February 23rd 1846
J Vernon Clk
Know all men by these presance that we
Elijah Victor and Wm H Fleming of the county of Shelby are held and firmly bound unto
Enoch M Tucker and
Reuben Davisson of the Township of Hendricks and County aforesaid in the Sum of Sixty dollars for the payment whereof will and truly to be made and done we bind our selves our heirs Executors and administrators Jointly and severly firmly by these presants sealed with our Seals and dated the 6th day of December AD 1845
the condition of the above obligation is such that whereas by virtue a warrant isued by
William Hacker a Justice of the pease of Adison Township in the county aforesaid to
Enoch M Tucker and Reuben Davisson overseers of the poor of hendricks Township in said county directing them to ceize on the goods and chattles of
Elijah Victor the Said
Enoch M Tucker and Reuben Davisson have this day ceized on one dark bay mare and two beds as the goods & chattles of the said
Elijah Victor to safe keep untill the 4th mondy of Februiary next now if the said
Elijah Victor will punctuly delliver the said mare and two beds to the said
Enoch M Tucker & Reuben Davisson in as good plite as they now are on the 23d day of February next at the court House in Shelbyville in the county aforesaid then the above obligation is to be void and of none effect otherwise to be and remain in full force and virtue in law
| Signed Sealed and | } | /s/ Elijah Victor {{seal}} |
| delivered in presance of | } | /s/ Wm H. Fleming {{seal}} |
| /s/ E F Fleming | | |
~ ~ ~ ~ ~ ~ ~
The Overseer of the Poor
of Hendricks Tonship
Shelby County Indiana
vs
Elijah Victor
Agreement of Counsel
Filed in open Court
February 24th 1846
J Vernon Clk
| Overseers of the Poor of | } | Complaint against |
| Hendricks Township | } | Victor for abandening |
| vs | } | Mary Victor his wife |
| Elijah Victor | | |
The agreement made between
Thomas A Hendricks attorney for the Plaintiffs and
Cyrus Wright attorney for Defendant --- It is agreed by & between Said Attys that judgment be rendered for Said Plaintiffs against Said Defendant, and that Said Plaintiff receive of Said Defendant the Sum of Seven dollars & fifty cents for expenditures made in this prosecution, And the further Sum of Eighteen dollars, nine dollars of which is to be paid instanter, and the remaining nine dollars at the expiration of Six months from this date, for the use of the said
Mary Victor the wife of said Defendant --- And that judgement be further rendered that Said Plaintiff receive of Said Defendant the further Sum of Eighteen dollars Each and Every year whilst Said Defendant & his Said wife
Mary remain & live Separate and apart, for the use and maintainance of Said
Mary Victor, --- And that Executions Shall issue for the collection of the aforesaid Sums of money as they may respectively become due --- & it is further agreed by & between Said attorneys that the first of the aforesaid yearly payments and instalments of Eighteen dollars Each year become due and payable,
after the Expiration of one year from this date, upon the twenty fourth day of february in the year Eighteen hundred and forty Seven, and that the yearly payments aforesaid thereafter to be made by said Defendant be due & payable upon the twenty fourth day of February of Each Successive year dated this February 24th AD. 1846
Thos. A Hendricks atty for Plf
Cyrus Wright atty for Deft.
In open Court
I
Elijah Victor hereby confess judgment in the within named cause, and agree that judgment be entered according to the within agreement
February Twenty fourth AD1846
/s/ Elijah Victor
Transcribed by
Phyllis Miller FlemingNotes from
Jim Baker:
Eli and Elizabeth (Colision) Hollis lived in Sussex County, Delaware. They had several children.
Eli died in some mishap, perhaps killed by Indians. A Hollis letter from the time asks "Isn't it awful what happened to Cousin John and Uncle Eli?" Apparently the details were already known to both parties and weren't given in the letter.
Eli's widow, Elizabeth, remarried in 1829 to
Elijah Victor, a widower and a carpenter, who took the family to Shelby County, Indiana. A daughter,
Eliza Hollis, married my ancestor
George Baker there; she is my g-g-grandmother.
When Elizabeth died in Shelby County, Elijah remarried to
Mary Young on 27 Apr 1837 in Johnson County. They lived in Shelbyville. In 1845, Mary sued him for divorce, charging desertion.
There was a lot of friction in Shelby County between the recent German immigrants and the native Americans, mostly the Southerners. According to the
Independent Banner newspaper, Sat. August 10, 1854:
"Elijah Victor of Shelbyville was involved in an altercation with three Germans at a brickyard east of town in which one German was killed and one wounded."
Elijah would have been 69 years old at the time.
Elijah ran to Iroquois County, Illinois, but later returned to Shelbyville. It is probable that his case was determined to be self-defense, since he appears to have been outnumbered.
Elijah remarried again to
Sarah Newton on 10 Nov. 1859, in Shelby. He is listed as age 75, and is living with his fourth wife, Sarah, in Shelbyville on the 1860 census.
