- To the Hon. Robert C. Jackson, Judge of the Circuit Court of Tazewell County, Virginia.
The bill of John A. Porter, complainant, against Clara Porter, his wife, the defendant, respectfully represents that on the 23rd day of June, 1897 your orator intermarried with Clara Burress (the defendant) in Tazewell county, Virginia, in which county and state the said Clara Burress and your orator then resided, and have so continued to reside even since and in which county and state the said defendant has so resided for more than one year prior to the intuition of this suit.
Your orator and the said defendant lived together as man and wife for the space of four days, when your orator learning that his said wife was not true to her marriage vows, abandoned her and refused to longer live with her, and your orator avers that he and the defendant last cohabited together in said county of Tazewell.
Your orator further charges that, previous to his marriage to the defendant, to-wit, on the 23rd day of June, 1897, in West Graham, in or about the residence of Wesley Burress, on the same day, but antecedent to the hour in which, the marriage ceremony was consummated between your orator and said defendant, and while he was at the town of Tazewell getting the license necessary for said marriage, the said defendant was practicing adultery with other parties, the names of whom are unknown to your orator. Your orator further charges that said defendant, at divers other times and places in said county prior to the 23rd day of June, 1897, had been repeatedly guilty of adultery and your orator avers that these lewd habits and misconduct on the part of the said defendant were concealed from him and that he had no knowledge thereof until four days after their said marriage, and your orator avers that, since he so learned his wife's true character he had not cohabited with her, or in any way condoned her sin and misconduct.
Your orator further charges that the said defendant about July 1897, on Bluestone, in said county, in or about the residence of Ben Burress, was again guilty of adultery, and at divers times and places in said county since your orator's abandonment of her, has been guilty of the same unlawful practices and has in fact become a regular strumpet, frequenting places and houses of bad repute.
Wherefore, your orator being without remedy at law, comes into equity, where such matters are cognizable and prays that said Clara Porter be made a party defendant to this bill and be required to answer the same not on oath, the oath being waived; that the bonds of matrimony existing between your orator and said defendant be dissolved; that a divorce a vineulo matrimonii be granted and decreed to your orator; and he prays for all such other, further and general relief as the nature of his case requires, and to equity seems meet, and as in duty bound he will ever pray.
May, May and Smith The Deposition of A.W. Purkey, and others, taken before me, E.V. Spotts, a notary public in and for Tazewell county, State of Virginia, at the law office of May, May and Smith, in the town of Tazewell, Tazewell County, Virginia, on the 12th day of November, 1897, pursuant to notice herewith filed; said depositions to be read as evidence in my behalf of complainant in a certain suit on chancery now pending in the circuit court of Tazewell county, Virginia, wherein John A. Porter is complainant and Clara Porter is defendant.
Present: S.D. May, of counsel for complainant, complainant in person. A.W. Purkey, a witness of lawful age, being first duly sworn, deposes and says as follows in answer to questions:
1Q: Please state your age, residence and occupation.
1A: I am 27 years of age; reside on Bluestone, Tazewell County, VA and am a farm hand.
2Q: Are you acquainted with the parties to this suit, John A. Porter, complainant, and Clara Porter, defendant?
2A: Yes sir, I know them when I see them.
3Q: How long have you known them?
3A: I have known her about 4 years, I reckon. I don't recollect what time it was he came there; do not know whether it has been a year yet or not.
4Q: When were the complainant and defendant married?
4A: Sometime, I think, in the month of June, 1897.
5Q: How long did they live together as man and wife?
5A: It wasn't quite a week.
6Q: How far did you live from them at the time they were living together as man and wife?
6A: In the same house. I was living in one end of the house and Porter and his wife were living in the other end with Mrs. Porter's father, Ben Burress, and his family.
7Q: State the cause of their separation, if you know the cause?
7A: I don't exactly know the cause
8Q: Did the defendant, after her marriage, and while living with the complainant as his wife, or after their separation, receive the attention of young men in the neighborhood in which she lived? If she did, state the names of the parties, single or married; the times and places and the circumstances as observed by you or which came within your knowledge?
8A: While they were living together I did not see any young men come there to see her. After their separation, there were boys there to see her: at least they talked to her in the house and walked out with her into the orchard; and talked to her there. I have seen Sid Nash talking to her; I have seen Sid Yost in the house several times talking to her and her sisters. Several young men came there, but who to see I do not know. I have seen John St. Clair there in the house dancing and frolicking with Mrs. Porter.
9Q: What are the ages of said Nash, Yost and St. Clair?
9A: They are young men about 20 or 21 years of age and unmarried.
10Q: How long were defendant and said Nash in the orchard together?
10A: I'd see them walk out there, and suppose they were out there about half an hour.
11Q: did the said Nash, Yost or St. Clair pay attentions to the defendant prior to her marriage?
11A: Yes, sir.
12Q: Did these young gentlemen and defendant move in the same or a different circle of society?
12A: They moved in a different circle.
13Q: Was it supposed by the people in the neighborhood generally that the attentions of these young gentlemen, towards the defendant prior to her marriage, with matrimonial intent?
13A: No sir, they didn't suppose so, at least I didn't.
14Q: Can you state the names of any other young men or men who visited the defendant or the house of her father; if you can, please state their names?
14A: Ed Summers, Lias Shrader, and two Bane boys, George Sarver, Frank Waddle, Charles Absher, Bob Fleshman; that's about all I know of.
15Q: Before or after the defendant's marriage?
15A: Before and after
16Q: Did you ever see either of the parties last named in conversation with defendant on their visits, in the house or out of it?
16A: No sir, not as I remember.
17Q: How many sisters has the defendant and what is their respective ages?
17A: She has three, four with the baby girl; the oldest Jennie, I suppose about 21 years of age; the other two are about 12 and 14 years old, somewhere along there.
18Q: You have spoken of dancing and frolicking at the house of the defendant and her father. I'll get you to state whether the same were seldom or at frequent intervals, and how often held, whether day time or night time, and about the average duration of these meeting; and about the number of persons usually in attendance?
18A: I don't think these meetings would average one a week, and would last frequently until way after midnight; sometimes three or four persons there, and sometimes five or six. These dancing parties were always at night.
19Q: You have spoken of having seen John St. Clair dancing and frolicking with Mrs. Porter, was that before or after the separation?
19A: After
20Q: How often did you see these two people dancing and frolicking together?
20A: I don't believe I've seen him there but once.
Further deponent saith not.
Eliza Perkey, a witness of lawful age, being first duly sworn, deposes and says as follows:
1Q: Please state your age and residence?
1A: Am 21 years of age, live on Bluestone, near St. Clair's switch.
2Q: Are you married or single?
2A: Am married.
3Q: State the name of your husband?
3A: Albert W. Perkey.
4Q: Are you acquainted with the parties to this suit, John A. Porter and Clara Porter?
4A: Yes sir.
5Q: How long have you known them?
5A: I have known Clara Porter four years. Haven't been acquainted with Mr. Porter very long; have known him about May 1897.
6Q: If you know, state how long the complainant and defendant lived together as man and wife?
6A: About four or five days. They were married Wednesday night and he left the following Monday about 1 o'clock.
7Q: Did the defendant, while living with complainant as his wife, receive the attention or visits of any young man or men of the neighborhood in which she lived or elsewhere. If she did, state the name or names of the party or parties.
7A: I have seen several young men call there lots of times to see her and her sisters.
8Q: did you, during the time mentioned, or after the separation of the parties to this suit, see any man or men paying special or particular attention to the defendant in or about the house or away from the house? If you did, state name or names of party or parties, and times, places and circumstances.
8A: Yes sir, after Mr. Porter left I saw young men there talking to her, in the house and out of the house, in the orchard, up back of the house.
9Q: How far away from the house is the orchard?
9A: It is right at the yard fence.
10Q: have you seen the defendant talking to other men since her separation from her husband? If you have, state their names and how often?
10A: Yes sir, I saw her talking to John St. Clair and Sid Nash and Stuart Bane, Bob Fleshman. And I saw her talking to some that I did not know.
11Q. At the times you have mentioned, were the parties alone or in company with others?
11A. Part of the time they were and part of the time they were not.
12Q: Since the separation have you seen the defendant in company alone with any other man or men?
12A: Yes sir, I have.
13Q: State how often and the party or parties she was in company with
13A: I have seen her in company (the two alone) with Sid Nash, more than once. One time she was alone in the house with Sid Nash, and at another time went riding with him alone.
14Q: Where were the other members of the family when she was alone in the house with Sid Nash.
14A: I do not know where they were, except her mother, she was at my brother's about a mile away.
15Q: About how often do you think you saw the defendant and Nash going out riding together?
15A: At least twice.
16Q: Where did they go in these occasions?
16A: I do not know where they went.
17Q: Where did she say she was going or had gone?
17A: I didn't hear her say.
18Q: How long was she gone?
18A: I don't know exactly, about an hour I reckon.
19Q: Is the defendant related by blood or marriage to the said John St. Clair, Glen St. Clair or Sid Nash?
19A: No akin
20Q: Are the men whose names you have mentioned married or single?
20A: They are single.
21Q: Have you ever seen them at the house of Ben Burress at night? If you have what was the occasion?
21A: Yes, sir I have seen them there at night; some times to dancing, and one time to measure up some whiskey.
22Q: State the nature of the dancing parties?
22A: They were carried on in rather a noisy manner and to such an extent that I had to complain to Mr. St. Clair, who owned the house, and he put a stop to it, until recently, they have renewed their dancing parties.
Further deponent saith not.
Mrs. M.C. Hall, a witness of lawful age, being first duly sworn, deposes and says as follows:
1Q: Please state your age and residence?
1A: Am 28 years of age, and live on Bluestone at St. Clair Switch.
2Q: Are you not the postmistress of Bluestone?
2A: Yes sir
3Q: How long have you lived there and how long have you been postmistress there?
3A: Have lived there and been postmistress since the 11th of last March.
4Q: Who is your husband?
4A: William Hall
5Q: Where had you previously lived?
5A: For about a year previous to moving to St. Clair's Switch we had been living in the neighborhood about three hundred yards from St. Clair's Crossing.
6Q: During the times mentioned how far did you live from the defendant, Clara Porter (nee Burress)?
6A: I do not think it is over a quarter of a mile.
7Q: Do you know of the defendant Clara Porter, during her marriage to the complainant, and while they were living together as man and wife, or after their separation, receiving the attention of any young man or men? If you do, state the name or names of the party or parties?
7A: I saw her riding (once before the separation and once afterwards) twice in a buggy with Sid Yost. She had been walking off down the road before they separated and came back in a buggy with Sid Yost. The time I saw them in the buggy together after the separation, I didn't know where they had been; just saw them in the buggy together
8Q: Is the said Yost and defendant related by blood or marriage?
8A: Not the I know of; I cannot tell you
9Q: Is the said Yost a married or single man?
9A: Single man
10Q: What is his age?
10A: He looks like he was 21 or 22 years of age.
11Q: Have you seen her receiving the attentions of any other man?
11A: No sir, I haven't.
Further deponent saith not.
The hour for adjournment having arrived, the further taking of these dispositions is continued until Monday, November 15th 1897, at the same place.
John A. Porter, complainant, sworn in his how behalf testifies as follows:
1Q: Please state your age, residence and occupation?
1A: 37 years of age, North Tazewell, at present not engaged in any business, but formerly was steward in U.S Hospital at Washington City, D.C
2Q: How long since you quit service in said hospital and why did you quit?
2A: June 1895; and was honorable discharged on account of heart trouble. While there I contracted typhoid fever which affected my heart and rendered me unable to perform the duties required of me by the officials of said institution. The medical board of said hospital recommended that I be allowed the sum of $48.00 as a pension, but the commissioners of pensions cut the same down to $30.00 per month, and upon this fund I am now supporting and maintaining myself with the addition of a small sum derived from rent of some real estate of mine.
3Q: Where have you lived since quitting the service at said hospital?
A: Part of the time in Washington City, part of the time in Wilkesboro, N.C and from some time in March to about the 28th day of June 1897, I lived in Graham, Tazewell County, Virginia, and since that late date at North Tazewell.
4Q: When and where did you become acquainted with the defendant to this suit?
4A: At Bluestone, Virginia, about three miles west of town of Graham, and sometime in the month of May 1897.
5Q: When were you and the defendant married, and where?
5A: On the 23rd day of June 1897, in West Graham at the residence of Wes Burress, an uncle of the defendant.
6Q: What is the defendants maiden name?
6A: Clara Burress
7Q: How long did you live together as man and wife?
7A: From Wednesday until the Monday following, about four days and a half.
8Q. Did the defendant leave you or did you leave her?
8A: I left her
9Q: State the cause or reason for your leaving the defendant?
9A: On account of her conduct towards other men immediately after my marriage to her.
10Q: If the defendant is guilty of improper conduct after her marriage with other men, state, when, where and the circumstances and the names of such men, and her conduct with them?
10A: On Wednesday night I was married: on Thursday morning I brought her up to her father's on Bluestone, about three miles west of Graham. On Thursday night she went out of the house and was gone about an hour. Upon her return she did not state where she had been or assign any reason for going out and I didn't ask her as I did not at that time suspect any thing wrong; thought probably she had gone into Perkey's part of the house. On Friday afternoon a man whom I did not then or do not now know, came riding along the road in front of the house when my wife gave him a signal with her hand. I did not see the man make any response but he got down off his house and went to the spring between the house and road, got himself a drink, then mounted his horse and left. I asked her who the man was but she refused to tell me, and never did tell. On Saturday night she was out for a short time. On Sunday morning she seemed to be restless, and I asked her to go to church and she refused to go, and said she would not go to save my life. I took her by the hand and told her to come upstairs and dress for church, when she jerked loose and said, If you don't let me loose I'll take the gun and blow your God damned brains out.
She further said she would not go to church to save my life, and about that time John St. Clair, a young unmarried man, passed along, and she said, i'll go with John St. Clair. On Sunday afternoon about three o'clock she put on her hat or cap and started off and I asked her where she was going, when she replied she was going down the road with some girls, cousins of hers, that lived in East Graham, and was gone about an hour and returned in company of Sid Yost, a young unmarried man, riding in a buggy; no one else along. Sunday night, a little after dark, she went out of the house, and was gone almost an hour. I went out to look for her, toward the barns and I saw a man run away from the barn, who he was, I don't know, but I took it to be Sid Yost. In about half a minute I ran on my wife between the barn and house, she was going one way and Yost was going the other. That night I spoke to her about it, the way she was acting, and told her that was no way for her to be carrying on; that that sort of conduct would give her a bad name and disgrace me for having such a wife, and that I wasn't going to stand for it.
In reply she said she was going to do as she pleased and do as she always had done. The next morning I was sitting on the porch, between 8 and 9 o'clock, when Sid Yost came up, spoke, passed on into the room where my wife and her mother were, and in a minute or two the door slammed too, bang fashion, but who shut the door, I do not know, as my back was toward it. After a little time I heard steps going up and down the stairway, but who they were I do not know, nor did I inquire, as I had made up my mind to leave on the first train, which I did, leaving there for Tazewell about 1 o'clock. After Yost remained in the house about one half an hour he came out and went over to the post office and came back again in a few minutes went into the house again and closed the door, stayed there for some half an hour or more, then came out and asked me to go home with him, and I told him I wouldn't do it. After he had been gone some 15 or 20 minutes, Clara came to the door which opened on to the porch where I was, with a long bladed hunter's knife in her hand, open, and whetting it on a rock and looking rather defiant.
I said nothing to her and she nothing to me. And in a few minutes thereafter I left; walked down to Graham and then back up to St. Clair's switch where my baggage was, and there I took the train for Tazewell.
12Q: If you have seen any other misconduct in her since you left her, state when, where and with whom.
12A: On or about the 23rd day of July, last, I went from the Healing Springs, near Tazewell, to Graham on horseback and on the way I had to pass the house of the defendant's father, where she was living, and he either saw or heard of my passing and followed me to Graham, and wanted to know why in the devil I didn't stop. I told him I didn't have any business at his house an he was disposed to be quarrelsome. On my way back I met defendant's sister, Jennie, near her father's house, and she asked me why I didn't stop, and I made the same reply to her that I made to her father. Riding on a little further and near the top of the hill I looked west and saw the defendant going up the hollow between four and five hundred yards from her father's house and a little further up the hollow I saw a man with a straw hat on come, meeting her, and they met and got behind a fence. I took this man to be John St. Clair, a young unmarried man in the neighborhood. The fence row was grown up with briars, weeds, etc through which I could see not.
13Q: Did you, previous to your marriage, know anything derogatory to the character of the defendant for virtue and chastity?
13A: No sir, I did not. Prior to my marriage I had a conversation with the Rev. Mr. Voight and he told me she was a young and good-looking woman, and thought that she might make me a good wife, and as I was in bad health at the time and need someone to look after me I thought so too. Previous to my marriage I saw nothing wrong in the conduct of defendant while making visits to her. There was no dancing and frolicking carried on at her father's while I was visiting there previous to my marriage to my knowledge or that I heard of before the marriage. Her bearing previous to our marriage was that of an amiable, agreeable woman, and I believed that she would make me a good wife. She was poor and a short time before the marriage, for that reason, I furnished her means to buy her a suitable wardrobe, which she seemed to appreciate.
14Q: File with your deposition a certified copy of the marriage license.
14A: I file with this deposition and as part hereof a certified copy of said license marked 'license'
Further deponent saith not.
Also summoned to appear were: Glen St. Clair, George Crockett, Mary Ann Burress, Orgey Burress, Sidney Yost, John St. Clair none of which appeared it seems.
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