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- Green Co., KY Circuit Case #53 16 May 1860
Jane Daviess vs. Zeke Daviess
Jane Daviess states that she and Ezekial Daviess many years ago were married in this county and
have lived in this county up to this time as man and wife for many years. They lived happily in that
relation and had several children and by their labor and economy made some property.
For several years past and particularly the last twelve months, Zeke has become a confirmed
drunkard and is wasting the estate and has made no provision for the maintenance of her or the
children. He has driven them from home to seek shelter and support from strangers beyond what she
has been able to make for their support. Zeke is constantly drunk and keeps retail liquor by the
drinks used in a very short time and in that way will lose all his estate and make her and the children
beggars. For the last six months, he has behaved towards her in such a cruel and inhuman manner
indicating a settled aversion to her and to destroy permanently her happiness.
Zeke has attempted and often threatens to beat her and she only escaped it by flying from
home and finding protection elsewhere. From his ungovernable temper displayed toward her, her life
is endangered or she runs in danger of great bodily harm if she remains with him even if he would
permit her to remain which he refuses to do and has run her and the children from home.
Jane wants a divorce and alimony and she wants custody of the children.
Answer and Cross Petition: 3 Aug 1860
Zeke Daviess states the charges against him of being a drunkard and wasting his estate and treating
Jane cruel are untrue. He has treated her kindly. He has not run his children off. He has always been
a kind and affectionate husband and all charges of misconduct are false.
Jane has acted in every way to destroy his happiness. She has been previously married to a
Warren and a the time Zeke married her, he was assured she was divorced from him. After he
married her he found to his surprise that she had not been divorced but that it was pending in Green
County Circuit Court. She concealed this fact him.
Zeke states that Jane left his bed and board without cause. Although she has left, she is still
residing on his land. She is now and for sometime past been guilty of adultery and has made a boast
that the two children she had since her marriage with him are not his. She has caused him to be badly
beaten and waylaid and he regards his life in danger from her violence.
Zeke denies that Jane in any way deserves a divorce or support from his estate. He wants
her petition dismissed and he makes this a cross petition that he be divorced from her.
Summonses to Green County: T. C. Edwards, Sally Johnson, Stephen Skaggs, Mastin
Thompson, Ezekiel Davis (Executed 7 Jun 1860)
Summonses to Green County: William F. Warren, Fidellia Warren, John Warren, Calvin
Skaggs, Shelton Shoemaker and Arabella Daviess (Executed on all 3 Aug 1860)
Depo. of Fidelia Warren (3 Aug 1860, home of F, B. Beauchamp, Green Co.)
I know both Zeke and Jane Davis. They live about on mile from me. I have been there on divers
occasions within the last twelve months. I have seen Zeke frequently drunk and I have seen him
curse and abuse her. On two occasions he drove her off from home. On one occasion she was
weaving a peace of cloth for Nancy Skaggs and others. He said he was going to cut the cloth out of
the loom. I told him not to do it. He swore he would and gathered a knife and did cut out a part of
the cloth. He then came in to where she was with a quart bottle in his hand drawed back in a striking
or throwing attitude. I caught him and prevented him rom throwing it at her and her children and
then left home.
On another occasion, I was at Zeke's house and he was not at home. Jane requested me to
stay with her until Zeke came home to prevent him from abusing her. I did so. He was drunk,
commenced cursing her and threatening to knock her in the head. She and the children then left
home. He has for the last six months been in the habitual practice of getting drunk.
Fidelia Warren (X)
Depo. of J. B. Warren (3 Aug 1860, home of F. B. Beauchamp in Green Co.)
I am acquainted with Jane and Zeke Davis. She is my mother and Zeke is my stepfather. I live about
600 yards from them. He has treated her unkindly. About 18 months ago at her house I heard a
conversation between them. Zeke told her if she wished to have a conversation with him he told her
he had no chat for her and that if she had anything there she had better get it away and get herself
away or he would destroy her and it. She then left home.
On a previous occasion, about two years ago at Zeke's house, I saw him attempt to strike her
with a chair. I caught the chair to prevent him from striking her and we both left home to keep from
being hurt.
On another occasion about three years ago, Zeke was away from home. He came home about
one hour after dark and threw two rocks against the house near the window and nocked some of the
planks out of the window. Jane left before he came in.
On other occasions I have heard him abuse her at a most terrible rate with his tongue. They
have been separated about three months. He was in the habit of getting drunk for about six months
before this. John B. Warren (X)
Depo. of John C. Skaggs (3 Aug 1860, home of F. B. Beauchamp in Green Co.)
I am acquainted with both parties and live about 1 Vi miles from them. I have been at their house
frequently. Zeke's treatment has been bad toward Jane by abusing her with his tongue. On one
occasion I was at William T. Grayham at the time that R. L. Grayham died which is about four
months ago. Sometime after dark, Jane came there with her children and said Zeke had driven them
off and in a short time he came also having a shot gun with him, staid about fifteen minutes, tried
to get his daughter to go home with him. She would not go and he then left. His daughter said to him
that the reason she would not go back was that if she did he would run her off again.
Zeke has for the last six months been in the habitual practice of getting drunk. They have
lived separate and apart ever since I saw them at Grayham's. John C. Skaggs (X)
Depo. of John B. Skaggs (15 Aug 1860, home of William Warren on Brush Creek)
I have known both Zeke and Jane before they were married and since that time. They separated
several times temporarily and they would get together but the final separation took place last spring.
Previous to the final separation Zeke left and stayed away a short time and after his return, Jane left
after they had stayed together a short time. She went to her son's, the stepson of Zeke, who lived
about 300 yards from Zeke's house on Zeke's land and is now living there.
I have often been at Zeke's house. I think he always provided well for his family. I have lived
near him for the last ten or fifteen years an as far as my observation extended, he treated his family
well in every respect. Before she was married to Zeke, she was married to Hugh Warren who had
left her. She had two children after her marriage to Zeke. I have heard Jane say the two children she
had after her marriage to Zeke were not his children. She did not say who the father was. I know
nothing of my own knowledge about her and an illicit relationship with any man after her marriage
to Zeke. What I do know about it is that I have carried a communication to Jane from a certain man
not her husband of the neighborhood to meet him at a certain time and place. When I delivered the
communication to her she said nothing but smiled. This occurred about 18 months ago or two years
ago. I have carried several communications from a gentleman to another lady who was to deliver the
same to Jane. The communications were the same that I have before spoken of before Mrs. Nancy
Stinnett was the lady who would carry the message to Jane. I have reason to believe that Jane did
comply with the request sent her to meet this man. In fact, she told me she did meet him.
Zeke has used intoxicating liquors more now than he has years back or perhaps not quite so
much. He occasionally gets drunk but he could not be considered a habitual drunkard although he
drinks. He has always taken care of his property and provided for his family.
Zeke and Jane were married in this county and lived in this county. I have frequently seen
Jane drink intoxicating liquors and I have seen her drink more than it was prudent for a lady. She
was in the habit of using it. /s/ John Skaggs
Depo. of Nancy Stinnett (15 Aug 1860, home of William Warren on Brush Creek)
I am acquainted with Zeke and Jane Davis. I have lived with them or close by them ever since they
were married. The separation took place last spring. I was living at Grandmother Ethington's in
sight of Zeke's house. He always provided plenty for his family and treated them well in every way.
I have no personal knowledge that Jane had an illicit relationship with any other man than
her husband. But John Skaggs, whose deposition has been taken in this cause, has delivered several
messages to me for Jane, requesting Jane to meet a certain man not her husband at a certain time and
place. I delivered the message to Jane and I have seen her on her way to meet the individual as he
requested. I have heard Jane frequently say that the two children which she had after her marriage
to Zeke were not his and she has told Zeke so. I have frequently heard Jane tell Zeke that she would
not live with him.
I heard Jane say that Zeke should be beaten and a night or two afterwards, Zeke was badly
beaten, severely. His shoulder was broken and he was otherwise badly bruised. This took place this
last spring. Nancy Stinnett (X)
Depo. of Elihu Davis (15 Aug 1860, home of William Warren on Brush Creek)
Jane Davis left Ezekiel Davis sometime last spring I was living with Ezekiel at the time of the
separation.
Ezekiel provided well for his family and although he drank intoxicating liquor occasionally,
he took care of his property.
I have no recollection of ever hearing Jane say she would not live with Ezekiel but she told
me in his presence that the two children she had after her marriage to him were not his. This took
place last spring.
Ezekiel remained at home after Jane left him and Jane frequently came to Ezekiel's house
and he helped her plant some corn. Since that time, Ezekiel has left and is now living at Huriah
Warren's. Most of his property is at his former residence. Elihu Davis (X)
Affidavit of William T. Ward, Attorney:
At the last term of court, exceptions were sustained by sundry depositions by which Jane Davis
sustained all the material allegations of her petition. The Examiner had not been legally sworn to
perform the duties of Examiner. After court, the attorneys talked about settling the suit between the
parties and both agreed to try to settle without further difficulty. Ward, who is Jane's attorney, in
retaking some of the deposition, realized he did not have enough time before court and now asks for
a continuance.
Depo. of M. E. Thompson (20 Aug 1861)
I have been acquainted with both parties some ten years as least and have often been about their
house. I have no personal knowledge of Mrs. Davis having illicit communication with another man
some year or two ago but Mrs. Davis told me on one occasion that she had gotten herself in a snap
and she wanted me to assist her in getting out of it, telling Davis that it was another woman that I
had procured to meet the man. Mrs. Davis admitted to m at the time that she was with the man
accused, that he was taken with something like palsy and she assisted him on his horse. She told me
that Mr. Davis had found it out and accused her of being with that man and she wanted me to help
her make Mr. Davis believe that it was this other woman.
Mr. Davis always appeared to be a man that wanted to take care of his property and make a
living and always provided as well for his family as other men and seemed to treat his family kindly
as far as I ever observed.
I was tolerably well acquainted with Elihu Davis and John B. Skaggs. I never heard
anything against Elihu Davis. As to John B. Skaggs, from what I have heard about him, I would
not give him full credit where he was interested. But where he was not interested and was indifferent
towards the parties, I believe he was generally regarded as truthful. Mastin E. Thompson (X)
Depo. of Stephen S. Skaggs (20 Aug 1861)
I have been acquainted with both parties some years, perhaps eight or nine. I have been about
Davises house frequently and he always seemed to be well provided. He seemed to take good care
of his property and disposed to make a living. I never regarded him as a drunkard, although I have
sometimes seen him pretty tight.
On one occasion, I was in the woods hunting my cattle and observed Mrs. Davis coming
towards me and at the same time saw a man riding off in another direction. She asked me if I had
seen anything of her cattle and I pointed to them about a hundred yards off between her and the
house. I went afterwards to the place I saw her come from and I saw the place where a horse had
been hitched and a place close by where persons seemed to have laid. This was about two years ago
this summer. Stephen S. Skaggs (X)
Judgment: The petition of Jane Davis is dismissed and Ezekiel Davis is hereby divorced from Jane
Davis.
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1809 - 1870 (61 years)
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