Divorce of Francis A. Ewell and Hardy Ewell

Abstracted by Mary Brimm
Copyright of this abstract belongs solely to Mary Brimm and may not be
copied or reproduced without the express written
permission of Mary Brimm.

          State of Illinois Saline County  Oct. Term Saline County Circuit Court 1868


        To the Hon. A. Duff, Judge of the Saline Circuit Court and presiding Judge in Chancery Sitting:
        ......... Said Francis A. Ewell a resident of the state of Ill. for the last five years, ............... shows unto your orator(honor) that she intermarried with Hardy Ewell, her husband on or about the first day of May 1866 and that she continued to live with the said Hardy Ewell from that date aforesaid until on or about the 4th day of July 1868 that during all of said time she conducted herself towards the said Hardy as a loving Kind and affectionate wife, ministering to his comfort and happiness by all means reasonable and proper and she further says that she has in all things fullfilled the duties of the marriage vow well hoping that he the said Hardy Ewell would have treated her in the same Kind and affectionate manner.
        But so it is may it please your Hon. the conduct of the said Hardy Ewell has been such that she is constrained to appeal to your honor for relief that the said Hardy Ewell from the date of the marriage aforesaid has struck abused and Knocked her down  that he has carried switches canes and sticks into the home since their intermarriage showing them to her at the same time threatening to beat and bruise her.
        She would further show unto your honor that since their intermarriage he has abused and during the confinement of your oratrix has treated her in a most shameful and cruel manner and to such a degree has such cruelty and abuse Extended that she avers she believes her life to be in danger and that the said Hardy Ewell will do her some great bodily harm. She further shows unto your honor that on or about the fourth day of June 1868 the said Hardy Ewell drove her off from his home threatening to beat her in case she did not go off. That the first of said marriage is one child. Manilla (Marilla) Francis Ewell aged Eleven months. That the said Hardy Ewell since the 4th day of June 1868 has made no provisions neither for her nor his child that she has been compelled to seek relief and shelter from her relatives. She further charges that since their intermarriage he the said Hardy Ewell did try to poison and kill her that she expressly charges that he the said Hardy Ewell did on or about the 1st. day of Nov. 1866 did administer and mix some deadly poison with medicine left to be given to her who was sick at that time and it was through great efforts that she ever recovered.
        She further shows unto your honor that the said Hardy Ewell is in possession of about six or seven hundred dollars of personal property that he holds in his possesion at this time five promissory notes of $100.00 each one Isaac B. Lee. that he has various notes on different persons amounting to one hundred dollars and that he has about one hundred dollars worth of Kitchen and Household furniture to move off to Kansas and that he is about to the End therefore that Justice may be done in the premius she prays that the said Harda Ewell and Isaac B. Lee be made party defendants to this Bill for Divorce .... in chancery issues or commanding returnables on, and upon a full and final hearing of this cause she prays that the bonds of matrimony now existing between her and the said Hardee Ewell be dissolved annulled and for nothing esteemed, and that the custody of the child, Manilla Francis Ewell be awarded to her and such alimony and maintainence...... shall seem meet and proper to your honor. She also prays that an order be made by your honor requiring the said Harda Ewell to pay to her solictions such fees as may be deemed...... right and proper.. she has no means of her own where with to pay counsel. She would also pray the people ____ gracious writ of Injunction against the said Harda Ewell from trading assigning over or in any manner dissolving of the notes so held by him against said Isaac B. Lee and restraining and Enjoining the said Lee from paying off said promisory notes to the said Harda Ewell or any other person for him and your oratrix further prays that she be allowed to take her name of Colburt, the name she had previous to intermarraige with Harda Ewell and she prays  for such other special and general relief as this particular cause may require and in duty bound .....Signed by Mauklin Sol. for Compt.

Francis A. Ewell vs Hardy Ewell   -   Bill for Divorce

        Francis A. Ewell the above named complainant being duly sworn according to law upon her oath says that she can not go safely to the tirel of the above entitled cause at this term of the court account of the abscence of Mary B. Lee who is a very material witness for affiant in said cause that she can prove by the evidence of said witness repeated acts of extreme cruelty perpetrated by deft. upon complainant previous to the commencement of  this suit by beating bruising wounding and poisoning complainant that she can not prove the same facts by any other witness that she Knows of that she had a subpoena issued by the Clerk of this Court under the Seal thereof for said witness and served on her said witness but the said witness is laboring under an Extreme illness at the present time which render her unable to attend this court which will appear by reference to the certificate of R. W. Sherod the Physician of said witness. that affiant resides with witness and is in a great degree her ___ and knows her condition to be ___ as renders her unable to attend this Court. That said witness resides in said Saline County Ills. and that she is satified she can procure the attendance of said witness by the consent or conviance of affiant but much to the displeasure and against the best interest of affiant. Therefore she prays that said Cause be continued until the next Term of this court. Signed by Francis A. Yeull .... 15th day of March AD 1870. Signed by Moses P. McGhee (JP).

State of Illinois Saline County Circuit Court March Term 1869
Francis A. Ewell vs Hardy Ewell  -  Divorce
        Joseph H. Barnes being duly sworn on his oath says that he is acquainted with the above named Hardy Ewell that he is acquainted with his circumstances precumaiely  said that he knows that said Ewell is not able to pay the sum of $2.50 per week ....... that the said Ewell has no personal property except an old mare...... and 3 head of cattle worth about $25.00. and that said Ewell is a very old man about 68 years old that he is not able to do much work upon which he is dependent for a support. that the said Ewell has some interest in some Real Estate and that he holds some notes on I. B. Lee but as he is informed there is morgage on the same and that he has been injoined by this court from proceeding to collect the above mentioned notes and that said Barnes is informed and believes that there a suit against all the Real Estate for said Ewell and further this affiant sayeth not. Signed by J. H. Barnes (mark)  April 1st. 1869.
Affidavit of Isaac B. Lee:
        This affiant being duly sworn doth despose and say that he is acquainted with the said Francis A. Ewell and that she is a weakly woman with one child about one year old. that she is scarely able to attend to the wants of herself and the child. that he believes that it is worth $14.00 per month to said Francis and child. that it will take about $50.00 to provide said party and child with the necessary clothing for the coming winter and further this affiant sayeth not. Signed by Isaac B. Lee. this 17th Oct. 1868.

Affidavit of Mary B. Lee:
        This affiant being duly sworn doth despose and says that she is acquainted with the said Francis Ewell and child mentioned in Compt's Bill. She that Francis is a weakley woman and scarcely able to attend to her own wants. That she believes that Said Francis Ewell and said Child needs at least $14.00 or $15.00 per month to support said parties as to necessary food ...... she knows said parties has got very little clothing and that it will take about $50.00 or $60.00 to cloth them during the coming winter and to provide them with the necesary clothes they need at the present time. Signed by Mary B. Lee (mark) this 17th day of Oct. 1868.

Deposition for Complainant: Dated Sept. 24 1870:
Question -  What is your name, age and place of residence?
Answer -  Cornelious R. Mick is my name, age 42 years residence Saline County Ills.
Question -  Are you acquainted with the parties ..... to this suit and if so how long have you known them respectively?
Answer -  I am have known Hardy Ewell for 30 years and the complainant for four years.
Question -  Do you or not know anything about the causes of complaint _____ upon in this case by complainant for a Divorce; if not so state; if so state fully all you may know about any improper or cruel treatment given complainant during the time they lived together as husband and wife?
Answer -  As to his giving her any cruel treatment during the time they lived together I know nothing of it of my own knowledge.
Question -  Did you or not ever hear defendant have any conversation about complainant or her character or conduct since they were married or speak disrespectfuly of complainant if so state when and where it was and what defendant said about complainant or her character or conduct?
Answer -  I have three years ago I heard Mr. Ewell speak disrespectful of her. He said that Frank was up and a coming from what I understood and that it would be a read-headed one when it come. I asked him whose he thought it was and he said Hez Dews. that Hez Dews was not running about there for nothing.
Question -  Please explain what you understood deft. to mean by "Frank is up and coming again" and state also whether or not you ever heard deft. speak desrespectful of compt. at any other time or place than the one already mentioned and if so, who was present if anybody besides yourself and explain fully his conduct on the occasion?
Answer -  We was talking about him and his wife being apart I understood him to mean by Frank his wife I understood him to mean that his wife was pregnant we were walking along the road together. don't think any other person heard the conversation. I have at other places and on other occasions heard him speak disrespectfull of her also heard him speak respectful of her.

Cross - Interogation - C. R. Mick:
Question -  You say in your answer that at the time you heard Mr. Ewell speak of his wife being pregnant as he undertood that they were apart. do you mean that they were seperated. if so state how long they had been seperated at that time and how long they continued separate after that time. and if you know the cause of their seperation at that time and was it not a general talk among the .... neighborhood that Mrs. Ewell was very intimate with one Hez Dew and did not Dew keep company with her and was he not about her fathers where she resided a good deal?
 Answer -  They were not living together at that time. they might of been apart two or three months of it might of been six months I don't know how long it was. I do not know the cause of their seperation. I never seen Dew but once at her fathers I never heard anyone but Mr. Ewell speak of her being intimate with Hez Dew.
Question -  Do you know whether Mr. Ewell and his wife has lived together since the time you speak of (three years ago) and has not the disrespectful talk you have heard him have about her always been at a time when they were seperated. and the respectful talk at a time when they were living together?
Answer -  They have lived together since that time. I have heard him speak both respectfull and disrespectful of her when they were not living together but never heard him speak disrespectful of her when they were living together. Signed C. R. Mick.

Interogation of Francis A. Ewell:
Question -  What is your name, age and where is your place of residence?
Answer -  My name is Francis Adaline Ewell, my age is 30 years residence in Saline County Ill.
Question -  State whether or not you are one on the parties to this suit?
Answer -  I am the complainant.
Question -  State at what time you intermarried with Hardy Ewell?
Answer -  On the last day of April 1866.
Question -  State how long yourself and Hardy Ewell lived together as husband and wife after that time?
Answer -  We never lived together but about six weeks when he commenced to quarrel with me. we then separated we was apart about four weeks.
Question -  State what was Hardy Ewells cause of conduct towards you from the time of your marriage up to the present time as regards kind treatment?
Answer -  The first we quarrelled about was about five hundred dollars. in about three weeks after we was married he asked me what I had done with the five hundred dollars that I had. I told him that I didn't have it. he said I did for I never would let him look in my trunk. I told him that I had not hindered him for he had never asked me to let him look in my trunk he said if I did not have it that I had gave it to my mother and father for he knew that I had it before we was married. I said I had not and he might ask them he would not ask them but taken his table cloths towels and things and put them in his chest and I had to eat off the naked table. And he would not eat nor drink with me for three or four days but would go off and after I was done eating he would come in and cook and eat and drink by himself. at last he told me that he did not want to live with me any longer. that I could take up my goods and leave. I then gathered up my goods and went into mothers room and I lived with her and father for about four weeks then he concluded he wanted me to live with him again. he came around to the window when  father and mother was out and commenced crying and told me if I would come back and live with hime he would never treat me so again. I didn't go that time but he caught the old folks out and come back again and said that he would never eat any more if I did not come back and cook for him. I didn't go that time. he come back another time at about ten o'clock at night and asked father and mother if I might go back and live with him they told him that I was a woman of my own and could do as I pleased. If I wanted to I could go and if I did not want to go I could stay away. I went back that night then we lived very peaceful for a while maybe about three months when he took another fly around one cold day I had to wash in the house and had to carry the water about 200 yards. he sat in the house and every time I would come in he would have something to say and began to quarrel with me and throw up other men to me and say that I thought more of them than I did of him. he bought up Mr. Mick, Mr. Mattingly, Mr. Allen Coffee and Hosey Barnes. When he couldn't get revenge by throwing up them men to me he concluded he would take down the spun yarn. While he was taking down some of it I commenced to take down some of it he then knocked me down and I fell under the bed. While I was getting up he taken down all the thread and taken it off and hid it in the crib among the corn. when he knocked me down my little Boy screamed and thought I was killed. mother came into my room and told him he had better mind how he knocked me about and then went out taking my little Boy with her. the next spring I was taken sick and he got Dr. Cheaney to attend on me and after he had given me some medicine and I had got a little bitter he got a good streak on him and got me up to the table to eat dinner. mother had sent me some garden peas and my little Boy did not know how to eat them he would take them up on his knife and they would roll off so we got to laughing at him when Mr. Ewell said that if I laughed it would be at some boddy elses table for I should not laugh at his and that I might get up and leave so me and my little Boy got up and left. I then taken a chill after I got into mothers room and mother put me to bed. Mr. Cheaney then rode up to the fence. Mr Ewell went out and Mr. Cheaney asked how all the folks was and he said they were well. I had Mr. Cheaney called back after he had started off. Mr. Cheaney said as he come in Mr. Ewell said all was well. Mother said for him to look and see. Dr. Cheaney said that I had right smart fever. he sat down by the side of the bed and taken out a small vial and pored out some drops into it and told mother to give me a tea-spoon full in a swallow of water and if I did not get better in four hours to give me another dose. between these times Mr. Ewell come to me and asked me for the Bureau Key. I gave it to him and he went to a drawer that had nothing but  some arsenic and his land papers in it. at times he would allow me to carry the key to it and at times he would not allow me to carry it. he takes out the arsenic and undone it in the Bureau where the vial of medicine was setting right at him. he stood there some minutes undoing the arsenic. then he wraped it up and put it back in the Drawer and locked it up and put the key in his pocket then he walked off and set down. his girl got supper while I was asleep after she had got supper mother got some about the same time and she was cleaning up her dishes she called Mr. Ewell to come and give her medicine that it was time that it was given he replied that it was not left for him to give and that he was not going to give it. so his girl come to me with a saucer of coffee and asked me if I was not better and I told her that I was. She then said for me to drink some coffee and I would be still better. Mr. Ewell still sat there and father came in and said as I was better he would let better alone and would only give about a third of a spoon full of medicine. While he was giving me the medicine Mr. Ewell taken the bucket and went after a bucket of water he knew that I always called for a drink of water as soon as I swallowed a _____ of medicine but as it happened I did not call for water that time. while he was gone after the water I got up and sat down in the door of my room and sat there about a minute and got up and went through mothers room into the kitchen and as I come back I said to mother that I surely was dying and I went into my room and fell on to the bed and that was the last I knew until the next day. after I got so I could get up he told me to take my things and get out of there. he went down to the spring where his girl was washing and told me if I was not out of there by the time he got back that he would put me out. while he was gone I got out of the bead onto the floor and pulled my bed off the stead and draged it into mothers room. and then reached back and got my Trunk and pulled it in. I then set down on the Trunk and by that time he had got back with his girl and came to the door of mothers room and says Frank I want my things. I told him Mr. Ewell I have not got any of your things. his girl stood at his back and said go in pap and whip her and gave him a push as if she was going to push him in to whip me. mother steped in and said Mr. Ewell this is my room and if you come another step further I will stick this broad-ax in you from your breast down. he steped back and says Polly Ann you stay here and guard my things until I go to Town and back then I will settle the hask with them. He then went off and was gone about long enough to go to Town and back he went to the bureau and pretended to put a pistol in the Drawer when he put the pistol in the Drawer he said that he was going to have harts blood or burn the Damned old house down and all of us in it for it was not worth much. mother says Mr. Ewell you have got a pistol and he said yes. she told him that she had one too and for him to let himself in and they would see which was the best marksman. mother then said she would go down to Mr. Churches and bind them to keep the peace.
        She started down there and after she had got down the road a little ways Mr. Ewell asked Mrs. Ashby if she was scared and she told him that she was he told her to call mother back and we would make it up. she came back and nothing was said about it. Pap and mother moved to Whitesville in a week or so after ward and I went with them. I stayed with them down there until in the spring. Mr. Ewell kept coming there for me to come back home again. I wouldn't go for his coming he got sick after while and sent his girl July Ann Barnes after me. She took me in the room and said pap is sick and believes he will dye so I went home with her and in the spring of 1867 and we lived together until the 14th day of June 1868 on that day mother and pap went to meeting on Saturday. on friday (the day previous) mother sent for me and asked me if I would come over and cook for the Boys. I told her I would if Mr. Ewell would let me. she said that there was some Ladies comeing there on Sunday and asked me if I would come and cook the Dinner for them on Sunday. I told her I would if Mr. Ewell would let me. So Sunday morning my oldest Brother came over and said that these wimmen had come and asked if I would go over I told him I would if Mr. Ewell would go they asked him if he would go and he said he did not know. after my Brother had gone back I asked Mr. Ewell to put on his clean clothes and go over with me. He said he couldn't go that he had to stay there and mind the chickens while I ran around. so I goes on over there and gets dinner for the Boys and the Ladies. after dinner time Mr. Ewell came and packed his Bacon off on a Tobacco-stick so in the evening I told mother and pap that Mr. Ewell had been over there and was mad. they told me to go home for he would give me the devil when I got home Mr. Ewell had been and got the cows up. I told him not to turn them into the calves that as soon as I could get the Bayby to sleep I would milk them. he said you shall not lap your fingers around their teats again as long as you live. he then come to the house and threw his old Hat on the porch and told me that he wanted me to get out of there. I remained still for a moment when he repeated it and said that if I did not get out that he would kick me out. I commenced crying and started off and told him that I would be back in the morning after my things and he said all right I should have them. I went back the next morning and when I got there he talked like he wanted me to come back. I told him that I had  told him that if ever I was drove off again that I would not go back. He then said that he did not care that I had not been a wife to him but had been a wife to Jim Lee, my Brother. I then went home and have stayed with my parents from that time to this.
Question -  Is the foregoing a full statement of all his acts and violence towards you, if not please state the balance.
Answer -  It is not. I can't state all of it. He cut a switch to whip me with because I went to see my mother dye. though hebdid not whip me. at another time I was sick and the water was out it was about a half mile to the spring I asked him to bring water and he said he would not if I died before morning. I had to go to a tub of water standing by the house and drink out of it and give my baby a drink of it.
Question -  How many children have you had by your marriage with Mr. Ewell?
Answer -  Two. the youngest is dead.
Question  -  Please state your condition on the 4th day of June 1868 when Mr. Ewell drove you off the last time mentioned.
Answer -  I was pregnant with child at the time we parted on the 14 day of June and the child was borned on the last day of February following.
Question -  Please state whether or not the Defendant ever attended you in your confinement or in any way provide for your self and child?
Answer -  No sir.
Question -  State whether or not Hardy Ewell has ever made any provisions for your self or child since the 4th day of June 1868?
Answer -  He got  the child a dress of three yards of callico and a pair of stockings worth a quarter or at least I asked him what they cost and he said a quarter.

Cross Interogation of Francis A. Ewell:
Question -  You speak in your answer ..... of Mr. Ewell upon one occasion knocking you down. please state what year that was in and what time in the year and who was present, if anyone besides your self and Mr. Ewell?
Answer -  It was in the fall  1867. there wasen't any one in the room but my little Boy but mother came in before I got up.
Question -  Where were you and Mr. Ewell living was it at Mr. Ewells place and was your father and mother living in a adjoining room to you?
Answer -  Mr. Ewell said it was his place father and mother lived in an adjoining room.
Qusetion -  You say you and Mr. Ewell separated after this, did you and him live together as husband and wife and were not those troubles made up or did you become reconsiled afterwards?
Answer -  We lived together afterwards. I could of live with if he had behaved himself from that on.
Question -  You speak of being sick the next spring after this time and Dr. Cheaney waiting upon you. also Mr. Ewell fixing up some poison please state if it was Dr. Samuel L. Cheaney of this place and did you and Mr. Ewell separate at that time, if so did you live together as husband and wife afterwards?
Answer -  It was Dr. Samuel L. Cheaney of this place. We seperated in a few days. We lived together afterwards.
Question -  You speak of having one child living by marriage with Mr. Ewell please state whether Mr. Ewell is the father?
Answer -  If he wasn't its father it has no father.
Question -  Please state how old that child is, whether it is a boy or girl?
Answer -   Three years old the 8th of the present September, it is a girl.
Question -  You state upon an occasion Mr. Ewell for three or four days refused to allow you to eat off his table clothes and use his towels & ect., please state whether you slept in the same bed, of nights, during this time?
Answer -  All but one night when he made me sleep on a pallit.
Question -  Did you not during those troubles and controverseys you speak of use a great many toutelising words to Mr. Ewell & did you not aggravate the troubles to a great extent and was not the quarreling carried on upon your past as well as Mr. Ewells?
Answer -  If never I said a harm word in my life to him I never quarreled with him.

Re-Cross Examination :
Question -  You state that you and Mr. Ewell were seperated several times and that you went back and lived with him please state what promises he made to you, if any, upon each occasion you went back?
Answer -  He promised me that he would not treat me like he had before if I would go back, he said on one occasion that if my father would get me to come back that he would give him his horse.
Question -  Was it upon his promise of kind treatment and ceasing to abuse you as he had done was that the reason that you went back?
Answer -  It was. I thought every time I went back that he would do better. Signed by Francis A.Yeull.

Depositions for compt., filed April 3rd. 1871
Question -  What is your name. age and place of residence?
Answer -  Mary bee Lee. age 50 years. residence Saline County.
Question -  Are your acquainted with the parties ... to this suit, if so, how long have you known them?
Answer -  I have been acquainted with Mr. Hardy Ewell about 5 years Francis A. Ewell is my daughter have known her all her life.
Question -  Please state what you may know, if any thing of the treatment of Hardy Ewell towards Francis A. Ewell, his wife. during the time so lived together as husband & wife?
Answer -  I think as well as I can recollect in about 4 weeks after they were married the first insult was given. he then denied her as being his wife. I didn't see him strike her but I heard her fall and I went into the room and seen her getting up and then she gathered down some yarn and he gathered her and Jerked her around and took it from her. at another time he ordered me to take her out of his house she was laying sick and not able to get out of his bead and he ordered me take her and her bead and pack them out. I told him I would not take her out and he then told her that if she was not out by the time he got back he would pitch her and her bead out at the door if she was not out by the time he got back. While he was gone she got down on the floor and pulled her bead down and crawled into my room and pulled her bead in with her. then when he come back he wanted to whip her after she got in there. He come in at the door and his daughter pushing him in and telling him to whip her. I kept him from striking her. after that she went back into his house and after that she was sitting in the door crying and I heard him tell her that God Damn you if it was not for your mother I would kick you out of the door face foremost. then she had a long spell of sickness which lasted for some four weeks during which time he would not wait on her he wouldent even give her a drink of water he wouldent hire any person to wait on her and I had to wait on her and give her all she got to eat and given her water even if he was sitting in the house he wouldent give her a drink of water until the last week when she was getting so she would begin to sit up when he went and bought his daughter there. the next or third day after she come he wanted her to get up and sit at the table with him (he sometimes took good spells) the first time she had been to the table for about 4 weeks as well as I can recollect. she got to the table and set down by help and before she had taken a mouthful he ran cursing her and she had to get up and leave the table without eating any thing. She came into my room I was in one room and she in the other with a door between us. she was holding to her little child when she took a hard agur and she told me to take the child and take care of it and she droped in the floor. I got her up and put her to bead in her own room and in a few minutes Dr. Cheaney who had been tending on her rode up to the fence Mr. Ewell was in the yard when the Doctor inquired how all was when Mr. Ewell said they were all well. she heard him speak and asked me if that wasent the Doctor I told her it was and she said tell him to come in. I told one of the Boys to tell him to come in and he done so. He said Mr. Ewell said all was well. I said now Doctor look and see for yourself and see whether his wife is well or not, he examined her and said she had right smart of fever and he gave her a small vial of medicine and he told me then to give her a tea-spoon ful of it in a little cold water. now says he if she does not get better in four hours give her another spoonful of it. I took my chair and sit down between the fire and her bead so I could see and watch her all the time and while I sit there Mr. Ewell came to the bureau there is a small drawer in the top of it that he always kept locked and took the key out of his pocket and unlocked it and took out arsenic he always kept it and nothing else in that drawer and laid it on the top of the Bureau and untied it and unwraped it then he wraped it up and tied it again and put it back and locked the drawer and sit down. I then got up and went to get supper as it was nearly night. we both had supper that evening about the same time and after it was over, his daughter brought a saucer of coffee to her to drink she told her that she did not want it then that it was about time to take more medicine and that after she had taken it she would drink some coffee and maybe she could go to sleep. she insisted that she should drink it and it being the first time she had ever offered her any thing I told her to drink it she then took the coffee and drank it. I then spoke to Mr. Ewell and told him that it was time she had her medicine and he said it wasent given to him to give nor he wasent going to give it. I then turned around to her father and said I am busy I havent time to give it and you go and give it. when he went in to give it Mr. Ewell snatched the pail and ran off to the spring he turned to me and said how much shall I give and I told him to give a tea-spoon full in cold water and she named there is no water and it is not strong and I will take it so and she took it and drank it out of the spoon without water and then got up out of bead and sit down in the door on the floor. she sit there some time until he came from the spring. she then got up and come into my room he then sit down with his back to the fire with his face towards her as she come into my room. as she passed through the room she says mother I am dying she passed on into the far room and as she turned and come back I looked at her and seen she looked very bad and she says mother I am gone I am gone. I droped my work and took hold of her just as she had got into her own room when she fell on her own bead. I straightened her out on the bead and said to Polly Ann Ewell (his daughter) Francis is dead. I called to Polly Ann to bring the Camphor Mr. Ewell sit with his head resting in his hand and never looked up or affered to come near her. She handed me the Camphor and I rubed her and I thought she was gone. I could feel neither breath nor pulse. I spoke to one of the children to go and tell their father to come to the house that Francis was dead and there him and Polly Ann was neither of them come near her. Her father came in and asked was Cheaney drunk today and I spoke and said no I think not. Mr. Ewell then spoke and said no he wasent drunk. Her father then said Well she is poisoned any how he run to a pail of milk and got a cup full and raised her up and as she gaped he teemed the milk in her. Mr. Ewell then got on his feet and come to the bead side and he says yest by the Lord I believe she is poisoned. then she commenced puking and I think she puked eleven times between that time about eleven o'clock that night she had four of the hardest kind of fits. We got Chaney there again at about 3 o'clock and the old man asked him what all that ment and he says I don't know says her father to him does your medicine have the effect to puke her so. He said that his medicine had no such effect and that he gave it for no such purpose he then called for the medicine and it was gave to him he smelt of it and put it into his pocket. he then left some drops, oil of turpentine I think, and no other medicine.
Question -  What is the state of your health?
Answer -  It is not very good. I have a spell nearly every spring just as the weather begins to get warm. I have not been well for several days. Signed by Marybee (her mark) Lee.

Depostion of Isaac B. Lee:
Question -  What is your name, age and place of residence?
Answer -  My name is Isaac B. Lee, age 55 years residence Saline County.
Qusetion -  Are you acquainted with the parties to this suit if so how long have you known them?
Answer -  I have known Mr. Ewell about 5 years the complainant is my daughter. I raised her.
Question -  State what you may know if any thing of the treatment of Francis A. Ewell by Hrady Ewell her husband while they lived together as husband and wife?
Answer -  In about four weeks after they were married he commenced his bad treatment towards her and after that time if he ever gave her any good tratment while they lived together I never knew if it. He Mr. Ewell told me that at one time he struck her with the heel of his hand and knocked her down. He told me also that he at one time percured a switch to scare her with, I heard him tell her one night that she was in the family way by my old dog. He also said she never was his wife and never should be. He told me that she was poisoned and if she had got a drink of water he dident believe she would of live ten minutes. To tell you the truthes, he was a rough cross grained old fellow and I don't believe that any woman could live with him in peace. I was present when they were married as stated in complainants bill. Signed by Isaac B. Lee.

The answer of Hardy Ewell, ..... defendant to the above entitled cause.
        ......... The Said Hardy Ewell states that..... to so much of said Francis's Bill as he is advised it is material for him to answer, says that it is true as stated in said Bill that he and Francis Ewell were married at the time stated ..... states as to all other charges against the conduct ..... contained in said bill that they are utterly false unfounded and untrue, and now having answered judge to be dismissed with his reasonable costs and charges. Signed by E. D. Youngblood Sol. for Deft. Oct. Term AD 1868.

Subpoenas for:
John Bybee, Allen Coffee, John Church, Stephen Lee, Edward Shepherd, Dr. S. L. Chaney, Bluford Ewell, Robert Sherod, James Moore, Elisa Johnson, Joseph H. Barnes, Josephus F. Lee, Joseph T. Lee, Thompson Pickering, Jane Moore, Richard D. Church, Wesley Cole, Polly Ward, Job Ingram, Sarah Ingram, J. E. Johnson, John Ashby, Sarah Ashby, Hosia Barnes, Marybee, Lee, Isaac B. Lee, Curtis Mattingly, Cornelious R. Mick, James T. Cummins and J. A. M. Stone.

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