| Notes |
- Green Co., KY Circuit Case #2315 14 Jan 1905
C. T. Atherton vs. Lou D. Atherton
C. T. Atherton states that he and Lou D. Atherton were married 22 Nov 1903. They reside in
Green County. They lived together until 19 Jul 1904 when Lou abandoned him and returned to her
father's home and has not lived with him since. While they lived together she was guilty of lewd
behavior and was unchaste. He always treated her affectionately and provided for her support. He
wants a divorce.
Nov 1904: Motion entered to appoint a next friend.
Restraining order: 5 Nov 1904
Thomas Etherton is hereby restrained from selling, conveying, concealing or disposing of any
property, real, personal or mixed, which he owns or in which he has any interest until the further
orders of court in this action. Given under my hand this 5 Nov 1904. Pilson Smith, Clerk
(Executed 8 Nov 1904. W. H. Jones, Green Circuit Court, EGC)
Petition issued 5 Nov 1904:
Lou D. Etherton states that she and Thomas Etherton were married on - day of- 1903 and they
lived together until 1904. They each reside in Green County. There has been one child born to them
and the child is now two weeks old. Tom behaved toward her in an inhuman manner. Shortly after
their marriage, he took her to live with his father and mother and while she lived there, she was
abused and mistreated in such a cruel manner that she was compelled to leave and go to her father's
house. Their child has been born since she was compelled to leave him. He has not provided for her
support at all. She has no means to support herself and their child. He has ample means to support
her and their infant. She is under 21 and a poor person and unable to procure a next friend by whom
to prosecute this action. She has reason to believe that Tom will conceal and sell his property unless
restrained. She wants the court to appoint a next friend so that she is permitted to prosecute this
action. She wants alimony and maintenance for herself and her child and wants Tom restrained from
disposing of his property. She is insolvent and has no property of any kind. He has refused for about
three months last past to provide for her support. Isl Lou D. Etherton
Summons to Green County: Thomas Etherton
(Executed: 8 Nov 1904. W. H. Jones, EGC)
Answer: 5 Dec 1904
Thomas Etherton for answer denies that while he and Lou lived together that he behaved towards
her in a cruel and inhuman manner. Shortly after their marriage, they went to live with her father and
mother. He denies that while she lived there she was abused or mistreated in such a manner that she
was compelled to leave or go to her father's home and denies that she was abused at all. He denies
that she was compelled to leave him and denies that he is possessed of ample means or any means
to support plaintiff or the infant or any of them. He denies that he has any means or property at all.
He denies that he is about to convey his property. He wants the petition dismissed.
Order: 24 Nov 1904
Lou D. Etherton vs. Thomas Etherton
This day came Lou D. Etherton by attorneys and entered her motion to have a next friend appointed
for her and to allow the next friend to sue in form of a pauper. Thomas objected. She wants a
reasonable allowance for herself and child during the pendency of this action. The court set Monday,
the 13 day of the present term of the court to hear the motion.
Summons to Green County: Lou D. Atherton
(Executed 20 Jan 1905. G. M. Workman, CGC)
Depo. of Sam Skaggs (20 Feb 1905, office of J. A. Skaggs, Greensburg, KY)
My name is Samuel Skaggs. I am 29 years of age and live in Green County. I am a farmer and
laborer. I am acquainted with C. T. Atherton. I have seen his wife Lou E. Atherton lots of times
but am not much acquainted with her. I live something like a half mile from C. T. Atherton. He
lives with his father. I have lived there off and on about nine years. C. T. Atherton resided in Green
County on the 14th of January, 1905 and so did Lou. They have lived in Green County ever since I
have known them. They are separated . I have seen Lou in the woods with a man other than her
husband. She was laying down with him. This was sometime last May. They got up and went off
down the hollow. Isl Samuel Skaggs
Depo. of C. A. Hazehvood (20 Feb 1905, office of J. A. Skaggs, Greensburg)
Age 20; farmer; live in Green County. I am acquainted with C. T. and Lou Atherton. He lives with
his father, John Atherton. I worked for John Atherton five months in 1904, beginning in March.
Lou asked me if I saw why she married Tom Atherton. I said I reckoned she married him because
she loved him. She sais no she did not love him. She said there was lots of young fellows she could
have gotten and she didn't see why she married him. She mentioned that Mr. Davises boy was
waiting on her and the fun and past time they had together. She made no statements to me on the
subject of Davis keeping her. When I worked for John, I saw Lou slipping about and hiding in the
brush some several times. I don't know what she meant by it. She wasn't doing anything when I saw
her. I have seen her way off from the house several times. I don't know what business she could have
out there. Isl C. A. Haselwood
Depo. of James Baker (20 Feb 1905, office of J. A. Skaggs, Greensburg)
I am 30 years old past. I live in Green County and work on the farm. I am acquainted with both
parties. I have known Tom all of my life and have know Lou a month or two, maybe longer. I
worked for Tom's father, John Atherton. C. T. and Lou Atherton were living on the homeplace.
I worked for his father before they were married.
Lou stated that a man had kept her about a year before Tom married her up to the time of the
marriage. I didn't hear how long he kept her. She said about a year. She was telling Tom's mother.
I saw her Lou out in the woods one evening with a man other then her husband. They were
lying down. It was last May sometime.
C. T. Atherton made a kind husband as far as I know. I don't know whether he provided for
her or not. I suppose he did. He was able to. James Baker (X)
Answer and Cross Petition: 23 Feb 1905
Lou D. Atherton for her answer to so much of the petition herein as she is advised is necessary to
answer, says that it is untrue and she denies that she abandoned Tom on 19 Jul 1904 or any other
time or returned to her father's house or has not since said time lived with Tom without any fault
or like fault on the part of Tom. She denies that she was guilty of lewd behavior while they lived
together. She denies that he treated her in a kind and affectionate manner or provided comfortable
for her support. The charges of lewd conduct are false and untrue and known by Tom to be false and
untrue.
Tom took deposition in Greensburg on Monday, 20 Feb 1905, that the notice to take
deposition was executed on her Saturday, 18 Feb 1905, that the return on the notice is dated 17 Feb
1905 when in truth and in fact it should have been dated 18 Feb 1905. The notice to the depositions
is insufficient for the following reasons: that she is a female only 18 years of age, that she is the
mother of a young baby, that she resides 18 miles from Greensburg, KY, that her attorneys Noggle
& Graham reside in Greensburg, KY. That there was no mail from her post office to Greensburg
KY from the time the notice was served on her until after the time in which the depositions were
taken. That her health was in such a condition that she was unable to make the trip to Greensburg,
KY and she had no one to make the trip for her and that she had no way or opportunity of notifying
her attorneys of the time and place of taking he depositions. Tom well knew that Noggle & Graham
were her attorneys and that he knew that they were in Greensburg, KY the day the depositions were
taken there and Tom well knowing these facts purposely refused and neglected to notify her
attorneys of the time and place. Noggle & Graham had no notice, knowledge or information of the
time and place of the taking of the depositions and consequently had no opportunity to cross examine
the witnesses.
There is now and was at the time of the institution of this suit another suit pending in this
court between the same parties wherein Lou is plaintiff and C. T. Atherton is defendant. The suit
was instituted by Lou for alimony. It has never been tried or determined and she now asks the court
to consolidate that action with this action and they be determined together.
It is true that C. T. Atherton and Lou D. Atherton were married 22 Nov 1903. That they
each now reside in Green County and have so resided continuously for more than one year last past
in Green County. They lived together until 1904. The cause of divorce occurred and existed in this
state. During the time that she and Tom lived together as husband and wife, he behaved toward her
in a cruel and inhuman manner as to indicate a settled aversion to her. On account of his conduct
she was compelled to leave him. She always treated him in an affectionate manner. Since she was
compelled to and did leave Tom, he has made no provision for her support or her child's who is now
— months old. She has no income and no estate or means of maintaining herself and the infant who
is in her custody. Tom is an able bodied man, about 35 years old and in good physical health and
is possessed of ample estate to comfortably support her and their children. She wants the petition
dismissed and she wants a divorce and wants to be restored to her maiden name, Lou D. Warren.
She wants alimony and support for her child. Lou D. Atherton
By Noggle & Graham, attys
Summons to Green County: C. T. Atherton
(Executed 2 Mar 1905. W. H. Jones, CGC)
Mch 1905: Suit of Lou D. Atherton vs. Thomas Etherton is now consolidated with this suit.
Depo. of C. R. Thompson (1 May 1905, residence of George W. Warren, Green Co.)
I am 69 years old and a farmer. I am well acquainted with Tom Etherton and not much acquainted
with his wife, Lou Daisy. They are separated. That is my understanding. I don't know. I live about
one mile from Tom. I suppose his wife is living with her father. I don't k now how old Tom is but
I suppose somewhere around 40.1 don't suppose that Lou is more than 18 or 19 years old. Tom
works on the farm. I expect her is a good hand. I never heard anything to the contrary.
I am familiar with Sam Skaggs who gave his deposition. I am familiar with his general
character for truth and veracity. It is bad, I think. He is not entitled to credit under oath. He lives
about one mile from me. He lives on the farm where Tom Etherton lives.
I don't know where Jim Baker lived last May. It seems to me he lived on South Fork. He
didn't live in our neighborhood up in the country. He lived below Buffalo, two miles I think, on Bill
Brown's farm. I reckon that was ten or twelve miles from were C. T. Etherton and wife resided.
Jim Baker is a colored man. I am familiar with his character for truth. It is bad. He is not entitled
to credit on oath. I never heard of anyone in the neighborhood that thought he would swear the truth.
I have no unkind feelings toward the Negro.
Lou Etherton's mother is a niece of mine. Isl C. R. Thompson
Depo. of David Skaggs (1 May 1905, residence of George W. Warren, Green Co.)
I am 42 years old and reside in Green County and I am a farmer. I am acquainted with Thorn
Etherton. I am not acquainted with his wife. I know Sam Skaggs when I see him but that is all the
acquaintance that I had with him. I was acquainted with his general character for truth from what the
neighbors said. It is bad. I don't know as I would see Jim Baker if I was to see him.
I guess I live a half mile from Tom Etherton. They say Jim Baker lives on the same farm
with Tom Etherton. Baker's character for truth and veracity in the neighborhood is bad. I would
not think he is entitled to credit under oath. I have heard late of people say he would swear to
anything, I never heard of them being sworn. It is the common rumor in the neighborhood where C.
T. Etherton resides that Tom bribed Sam Skaggs and Jim Baker to swear falsely in giving their
deposition in this case. I heard Mr. Thompson say so and Will Etherton.
I've never heard anybody say anything about Lou D. Etherton doing wrong. I've never heard
that she was unkind to Tom.
I heard that Tom made Lou go to Louisville but I don't recollect who I heard tell it. I don't
know why he made her go. I never did hear why her husband left her. I live about Vz mile from Tom
Etherton's house. I never heard about their trouble. I don't even know if they were married at all.
I am not working for anyone right now. I have not been at work for about four years. I am not
doing anything, only just running about. I live on the farm of Jim Sanders, I reckon. He is the man
that bought it. My boys have been cultivating the farm. I have been doing nothing except piddling
around and keeping up things the best I could. My health is very good I reckon but I am not allowed
to lift anything, so says the doctor. My health has been such for four years. I was operated on for
appendicitis. Doctor Buckhanan of Campbellsville told me not to lift anything. No one was present
that I remember of. Isl David Skaggs
Depo. of Simp Skaggs (1 May 1905, residence of George W. Warren, Green Co.)
I am near 60 years old and reside in Green County. I am acquainted with the parties in this suit. I am
a farmer. I have known Lou D. Etherton since she was a small child. I guess she is about 20 years
old now. Her character is good. I live nearly two miles from where she now resides and have about
fifteen years, ever since she was a child.
I have known Sam Skaggs about 22 years, ever since he was a child. I don't know where
Sam lives now. I lived about 1 Vz miles from him before he left. He has been gone a month or more.
He left shortly after he gave his deposition. From what the neighbors say, his character is bad. He
isn't entitled to credit on oath.
I am acquainted with June Baker who gave his deposition in this case. He lives on the place
with Thomas Etherton. I don't know where he lived last year, last May. I don't think he lived in
Green County. I don't know what county he lived in May, 1904. He has been living in Green County
on the same farm with Tom about six months. I reside about 1 lA miles from where he now lives.
His character for truth and veracity is bad. I heard his mama and his brother say it was bad. His
mama's name is Kit and his brother's name is Henry. No one was present when they told me. I have
known the colored people for 15 years, I reckon. They are not as good as colored people usually are.
I have heard a good many people talk about June Baker. All the neighbors, I reckon. Tom
Etherton told me one day that he was the biggest liar and the most outdacious Negro that he ever
saw and he was going to get him off of his place. He was right at my house, right at my gate when
he told me and no one was present but me and him. It was the 2nd day of May. I was going to plant
some corn that day and we just met at the gate. I don't know what I did on the 3rd day of May. On
the 4th day of May, I planted corn with Risen's little girl, Alonzo Skaggs and his little girl. Nobody
helped me on the 6th day of May.
I don't know what I did on the 5th day of May of 1875 or 1873 or 1876.1 am no educated
fellow and cannot keep up with the year. I can't recollect exactly what was said so long ago.
Simp Skaggs (X)
Depo. of W. E. Thompson (1 May, 1905, residence of George W. Warren, Green Co.)
I am 46 years old and reside in Green County. I am a farmer. I am acquainted with Tom and Lou D.
Etherton. I have seen them several times. I have known Lou since she was a child, 15 years or more.
I have lived about 1 Vz miles frm Lou in the last ten years. Her character is good in the neighborhood.
I know Sam Skaggs. I don't know where he lives now. I lived about four or five miles from him
before he went away. I heard someone say he was gone. It has been something like two weeks ago.
His character is bad. I don't expect he is entitled to credit on oath.
I know Jim Baker. He is a colored man. I am not acquainted with his character for truth or
veracity. I don't know where he resides. I cannot state who I heard say Sam Skaggs swore a lie. I've
heard lots of people say so but I cannot call to mind who they were. I live in four or five miles of
Sam Skaggs.
I heard some rumors on Lou Etherton since she married Tom Etherton about what the
witnesses swore about her is all I know. Isl W. E. Thompson
Depo. of Hugh Warren (1 May, 1905, residence of George W. Warren, Green Co.)
I am 53 years old and reside in Green County. I am a farmer. I am acquainted with C. T. Etherton
and Lou D. Etherton. I have known her ever since she was a small girl. I live about three miles from
her ever since she was born, I reckon. She lives with her father. Her character for truth in the
neighborhood is good. I never heard anything bad about her as I recollect of.
I have seen Jim Baker a few times. I am personally acquainted with him, I reside about a
mile from him. I don't know where he was living last May. I lived about a mile from Tom and Lou
when they lived together. If Jim Baker was in the neighborhood last summer I don't recollect of
seeing him. I am not acquainted with his character, only by reputation not from what I know myself
but from what I have heard from other people. His character isn't very good.
I know Sam Skaggs and have known him ever since he was a child. I lived about three miles
from him and I've lived about two years there. Part of the time I lived closer. He was raised in about
a half mile from me. I don't know where Sam is now. I heard that he was gone. That is the report.
He has been gone three or four weeks. I am acquainted with his character for truth and it isn't very
good. Hugh Warren (X)
Depo. of Garret Warren (1 May, 1905, residence of George W. Warren, Green Co.)
I am 59 years old and reside in Green County. I am a farmer. I am acquainted with Lou D. Etherton.
I have known her all of her life. I reside one mile from her and have for 18 or 20 years, ever since
she was born. I am acquainted with her character and it is good. I heard she went to Louisville. I
didn't hear why she went to Louisville of my own knowledge. I heard G. B. Scott took her to
Hodgenville. He is a Baptist preacher. I know nothing about the neighbors regarding her as an
impure woman or that hey are afraid to talk. I can speak for myself. I am not afraid to talk. I don't
know anything about my neighbors. Isl Garrett Warren
Depo. of C. A. Hazehvood (1 May, 1905, residence of George W. Warren, Green Co.)
I gave my deposition for the plaintiff in Greensburg some time ago and I stated all I knew about the
case. I had a conversation with C. T. Etherton in which he tried to hire me to make statements in
this case against Lou which were untrue. He asked me if I would swear that I heard him and his wife
have a conversation in which she said he was making her acknowledgments to him. He said that
Davis had kept her so many months so he said and he wanted me to state that I heard her making her
acknowledgments to him. If I had made the statements, they would have been false. He said he
would give me a suit of clothes. I don't know how much that would be. He might have given me a
suit that cost a dollar. I have stated in my other deposition that I had seen Lou out in the brush
several times. On the farm where they were living a person cannot get out of the yard without being
in the brush, a thicket. Lou did the milking and had to drive the cows up a lane and these are the
times I spoke of. I never saw her act in a suspicious or unladylike manner. I never did see her hiding
in the brush. I have seen her out in the field. If she had squatted down she would have been hid. I
have tried to tell the truth in my depositions. I told it for the truth. Isl C. A. Hasefwood
Depo. of Tandy Shoemaker (1 May, 1905, residence of George W. Warren, Green Co.)
I am 55 years old and reside in Green County. I am a farmer. I am acquainted with both parties. I
have known Lou D. Etherton about ten or twelve years. I am acquainted with her character and it
is good. I am acquainted with Sam Skaggs. I have known him all of his life. I lived from 3/4 to two
miles of him all the time till he left the country. He left about three or four weeks ago. I'm familiar
with his character for truth. It is bad. People in general say he is not entitled to credit on oath.
Tandy Shoemaker (X)
Depo. of Julia Warren (1 May, 1905, residence of George W. Warren, Green Co.)
I am 35 years old and reside in Green County. I'm acquainted with the parties in this case. They were
married 22 Oct 1903. They are now separated and have been since the 5th Sunday in July, 1904. He
told her she could go home, she could go back to her dady's and he would not do anything for her.
She treated him in a kind manner. He seemed to be kind when they were together. I suppose he
supported her when they were together. Since they have separated , she has made her home at her
Pa's. Her husband makes no provision for her support. They have one child, a boy. It is six months
old and his name is Orpho Obie (?). C. T. Etherton makes no provision for the support of the child.
The child lives with its mother.
I know Jim Baker, I am acquainted with his character. It is bad. I don't know where he was
living in May of last year. I never heard of him at that time. He moved back into their neighborhood
about four or five months ago. Last May I resided about three miles away .
Lou Etherton is 20 years old. She doesn't own anything. I expect C. T. Etherton is
somewhere in 40. He never would tell me his age. He is an able bodyed man. He claims most
everything there. He did when he lived with her. There was three or four milck cows, two horses,
about 31 heard of hogs. He made a very good crop, I recon. It was his. He claimed it anyway. I don't
know if he had any money. He sold the hogs a short time after she left him and one of the cows. I
heard he owed about $30.00 in his first wife's divorce case. He first married Ida Clark.
My husband and I don't have any trouble. We love like young folks. I tell him so. My
daughter doesn't do that. She has no right to because he ant no man. He would dress up every
Sunday after Sunday. If she wanted to go anywhere he would be mad about it. Lou went to
Louisville not long after they were married. She has not more than 100 relatives in Louisville. She
has two aunts living in Louisville. One lies at 145 E. Market Street, I have forgotten the other
address. I don't know of a physician treating her in Louisville but I wasn't there. I don't remember
her telling me a physician treated her. Her aunts are Annie Roupple and Minnie Riggie. She stayed
in Louisville a little over a week. I fix to go with her to George Warren was going to take me to
Hodgenville. He had some business there and Virgie didn't have any buggy.
We just went together on a visit. Tom's papa was so bad he could not go with her. It was two
or three months after they married that she went to Louisville. She did not have a physician in
Louisville that I know of. If she got sick she had a right to have one like anyone else. She said she
did not feel very well while she was there, smelling the stove coal. She is not used to smelling the
stove coal. I suppose Dr. Jeff Henry treated her.
I didn't hear her say anything about going to the World's Fair. She said that Tom Todd said
he was going and take his first wife with him. He claimed to be kind of a husband. I didn't think he
was much at least that is what the people said about him. My daughter's husband just got tired of her
and I recon wanted to send her home and take his first wife with him, he said, to the World's Fair.
My daughter and husband had one child, a boy. We have a right to spoil him, I reckon. When
I speak of Tom, I mean C. T. Etherton. When I spoke of Virge, I mean my husband, Virge
Warren. When I spoke of my daughter, I mean Lou D. Etherton.
Lou said that Tom wanted her to have an abortion and he would not live with her if she
didn't. He give her the money to go on to Louisville to have the abortion. He was too mean and
stingy to think his family would be increased. I was not there to see if the child was born in
Louisville. She went during Christmas a year ago. This was two or three months after they married.
Her child was born the 22nd day of last October. They separated the 5th Sunday in July before the
baby was born the 22nd day of October. She was at her Pa's when the baby was born.
Isl Julia Warren
Depo. of E. T. Skaggs (1 May, 1905, residence of George W. Warren, Green Co.)
I am 47 years old, live in Green County and I am a farmer. I am acquainted with the parties. I have
known Lou D. Etherton all of her life. I live a mile and a half from where she now lives and have
all of her life. I am acquainted with her character and it is good. I am acquainted with Jim Baker.
He is a Negro. I am acquainted with his character and it is bad. Isl E. T. Skaggs
Depo. of J. T. Warren (1 May, 1905, residence of George W. Warren, Green Co.)
I am 36 years old and reside in Green County. I am a farmer. I am acquainted with the parties. I have
known Lou almost all of her life. I live about one mile from where she resides and have all of her
life. I am familiar with her character and it is good. I am acquainted with Jim Baker. His character
for truth is bad.
Thomas Etherton told me he could not live with Lou. He is the only person I ever heard say
anything against Lou. I can't tell all he said. I don't remember it. He talked in an insulting and
slighty manner of her. He didn't say she had been untrue as his wife. Isl J. T. Warren
Depo. of S. B. Brown (12 May, 1905)
I am 49 years old and live in Green County. I am acquainted with the parties. I expect I have known
Lou Etherton about 13 years. I lived about 3/4 of a mile from where she lies. I have lived there
since last November. Before that, about two miles for several years. I am acquainted with her
character and it is good. I never heard of Sam Skaggs until after he gave his deposition in this case.
He lived near Tom Atherton is my understanding before he left the country. I have heard his
character is bad. I am acquainted with Jim Baker and have known him about 20 years. He lives on
the same farm with Tom Atherton. I don't know where he lived last year. His character is bad.
I don't know where Sam Skaggs went. I just learned that he left two or three weeks ago. It
was after he gave his deposition. isl S. B. Brown
The Commonwealth of Kentucky to any Elisor, Constable or Coroner of Green County:
You are commended to arrest June (alias Jim) Baker (col) and bring him before me at the residence
of George W. Warren's on 11 May 1905 at 10 o'clock a. m. to testify in behalf of Lou Etherton
and to show cause if any why he can for not obeying the subpoena served on him on 10 May 1905.
Given under my hand this 11 May 1905. W. F. Cantrell, Elisor, Green County.
(Not found in Green County this 12 May 1905. L. E. McGinnes, CGC by C J. Vaughn, DC.)
Depo. of James R. Salsman (1 Jun 1905, residence of Mrs. Thomas Thompson on 1 Jun 1905)
I guess that I am about 53 years old and a fanner in Green County. I am acquainted with C. T.
Atherton. I live about 1/4 to Vz miles from him and have lived there close to 20 years and then I
lived four years on his father's place. I've known his father for 40 years. His father's health is pretty
bad now. He has been paralyzed for the past few years it is said. He has fits. I have seen him have
fits. They said it was fits and I have gone there frequently when the bell would ring. He was in a
terrible condition. I haven't seen him have a fit in several months. The bell rang the other Sunday
but I was sick and could not go. They said he had one but I was not there and cannot say. No one
stays there with him but Tom.
I've heard Tom complain a good deal and I have seen his legs swollen up and heard him say
that it was caused from a spell of fever that he had. Of course, I am no doctor and cannot tell but at
times he looked like he was sick and not able to work. I don't suppose he is able to make a full hand
at farm labor at all times. At times I know he is not. He requires that the plaintiff be in the house
with him most of the time.
I have no idea of the plaintiffs mother's age. She is older than I am. It would be safe for her
to care for his father alone. Part of the time it would be hard for her. I have heard both the plaintiff
and his father say that the plaintiff did not own anything.
My farm joins Mr. Atherton's. I have seen the plaintiff and his father often. As far as I know
the plaintiff owns no land. James R. Salsman (X)
Depo. of William A. Salsman (1 Jun 1905, residence of Mrs. Thomas Thompson on 1 Jun 1905)
I am about 24 years old, reside in Green County and I am a farmer. I am acquainted with all of the
people in the suit. I have known them since I have been big enough to know anything. I was raised
on their farm and adjoining farm. The plaintiffs health is bad. I started in to work for him year
before last. He would work maybe two hours and quit and then he would have something like the
pleurisy, he said and the doctor said in his leg and side. He has a leg that swelled all the time and at
times he cannot get along well. C. T. Atherton's father's health is bad. He is paralyzed and they say
he has paraletic fits. He has them frequently but lately. I have not heard of him having any for a week
or two. Whenever he had these spells his mother is afraid to stay by herself and Tom has to stay all
the time. I was born on Tom's place and now live about Vz mile and have always lived this near. If
Tom owns any property it is more than I know. W. A. Salsman (X)
Depo. of Elizabeth Atherton (1 Jun 1905, residence of Mrs. Thomas Thompson on 1 Jun 1905)
I will be 70 years old my next birthday and live in Green County. I am Tom's mother. There are only
two members living in my family. The condition of my husband's health is awful bad. He has been
paralized four years last March. He got a fall and is paralized and has paraletic fits. We watch him
all the time.
My son does not have no health much. Some days he can work and some days he cannot. He
is not physically able to do much farm labor. He has been that way for several years, ever since he
had such a hard spell of the fever. The fever settled in one of his legs and in his hip. One leg is much
larger than the other one. He is bound to help me. There is no other help there unless we can hire a
girl. He has not put on his pants for going on five years. We have to put on and pull off his pants.
I can't attend to my husband when he has a fit. I have to have some body or rattle the bell for
some of the neighbors to come in.
My son don't own any land and hasn't for ten years. My son and wife lived in the house with
myself and husband. He treated her kindly and provided plenty for her. She would redress and take
a walk of evening and go off and we would not see her maybe till dark, and there again she said that
she was going out to see her fellow. She kept her clothes tied up to leave, then I would ask her what
was the trouble between her and Tom, what made her do so? She would say that she was going to
be a stage girl herself. She slated that Mr. Davises son kept her up till about two months before she
was married. When she went off or went to her Ma's, her Ma wanted her to quilt some quilts and
she went off to stay a couple of weeks before she came back home. Her mother wanted her to come
down and quilt some quilts before she moved. After she came back she wanted to come up and see
her Uncle Tom Thompson. He was down sick. After she came back I heard that she had gone to
Louisville and I asked her about it and she said that it was not so that she did not go. When she came
up to see Mr. Thompson, he gave her the doctor' s book to read and Mrs. Thompson asked her how
she liked her trip to Louisville and she hunched her and told her to say nothing about it, that she did
not want us to know it. She said that she was going to her mother's to quilt her quilts before she
moved. She told her husband in my hearing. He took her down there. She didn't tell me she had
been to Louisville for a long time. After I caught up with her, she owned to it. She said that her
mother sent her. I asked her why she went and she said that her mother sent her. She said that she
was not going to stay around here, that she was going to be a stage girl.
When Lou went to Louisville, she went off on Sunday and returned New Year's morning.
It liked from Friday (New Year's came on Friday) until Sunday being three weeks. She said that she
had fellows that gave her money. (The defendant Lou D. Etherton excepts to all the foregoing
deposition and to each and all the questions and answers therein contained, because the same is not
in rebuttal and not waiving her exceptions to said deposition, she by her attorney proceeds to cross
examine the witness.) Her husband treated her in a kind manner. She had plenty and lacked for
nothing. They were married in October and she left in August, I think, but I don't remember the
month exactly. I had the various conversation with her when she was staying at our house. I don't
remember when it was. I talked to her a right smart about the way she was doing and about her
keeping her clothes tied up and she would say she was going to be a stage girl and she was not going
to stay about here. She kept her clothes tied up and I saw something was the matter. I never told my
son till after she came back from Louisville.
It was late in the spring when Tom found out Lou had been to Louisville. We never knew
it, not till late in the spring. I found out late in April that she had been to Louisville and I asked him
about it. He told me to ask. She stayed till blackberry time. I couldn't tell the month. He was
surprised when I told him she went to Louisville. None of us knew anything about it. It made her
mad when she left. He didn't know anything about it. Tom didn't furnish her money for her to go
to Louisville for he didn't have the money. I know nothing about Tom being accused of taking some
money to for the purpose of sending his wife to Louisville. I never heard no tell of such before.
Nobody was home but me and the old man when we had the discussion. I talked to her three or four
times about it.
The boy I referred to was Calathial Davis, a son of Ansil Davis, she said. She said she had
plenty of other fellows. I don't know what made her tell me about Calathial. She told it for herself.
I guess he lived at the time they lived together as husband and wife about 2 Vz miles away. I saw
Calathial pass the road. I believe he stopped once and got his hair shingled. Tom Atherton shingled
it.
I didn't hear anything about Tom Atherton trying to hire Clift Hazelwood to swear that he
heard certain conversations between Tom and Lou. He didn't hire him. Clift doesn't work for us
anymore. He just worked last year. He hasn't been here since he took depositions. I paid him money
for his work. I never heard of Tom promising a suit of clothes to Clift to make certain statements
in the case. I talked to Clift about what he would swear in the case. I told him that all I wanted him
to tell was the truth. I never talked to the other Negro of Tom's, June Baker about what he would
state. I didn't talk to Samuel Skaggs. I know him when I see him. I hardly ever see him. I haven't
seen him lately.
I believe my husband and I own 128 acres. I could not tell you for my life what it is worth.
I own two horses. I own two cows, one giving milk and one is not. I have no hogs at all and no
sheep. I may have enough money to pay off my taxes. My husband has no money at all. The doctors
and lawyers have got it.
My husband is about 72 or 73 years old. My husband and I have two children living. Tom
is the youngest living. He has been married twice I am told. His first wife is living. I reckon he is
divorced from her. She is married again, I can't tell you what why they separated. She got us away
from here and run away and left. She robbed our house. I reckon she loved someone else better, I
don't know. I reckon the 2nd wife loved someone else better. She said she had other fellows better
and younger. She said she didn't know what she married an old fool for.
I haven't heard the story that she was in a family way and Tom wanted her to have an
abortion performed and she refused or that he told her if she didn't submit to the operation she could
take her clothes and leave. When they lived together, Tom bought her two dresses, two waists, two
pair slacks, gloves and two pair of hose, four of five yards of factorin (?) I believe it was five. It
didn't cost him much. He was not able. I don't know just how much. I think her dress and
trimmings cost $1.25 and shoes $1.65, a pattern(?) for shoes $1.10.1 don't reckon he spent over
$10.00 for her wearing apparel the whole time they lived together. He bought her a waist at
Hodgenville that cost 30 cents a yard and that made her mad. It wasn't fine enough. She wanted silk.
She said she would not have it but she slipped out and made it at last. She quarreled mightily. She
wanted silk and something fine. He would tell her he wasn't able to buy it. He bought all he was able
to buy. She got just what she wanted unless it was silk. He was not able to buy that and I couldn't
buy that for her either. I don't know whether Tom thought she would cost him less than $10.00
during the whole of his married life but I reckon he thinks it now.
I've never heard Tom say that six weeks was long enough to live with any woman.
Elizabeth Atherton (X)
Depo. of Dr. Ed S. Smith (17 Jun 1905, office of Mather & Creal, Hodgenville, KY)
Age 46; live in Hodgenville, KY; I am a physician. I am acquainted with C. T. Atherton. I have
been a physician for 27 years. I am a graduate of Louisville Medical College and also a graduate of
Belleview Hospital College of New York City. I have obtained a certificate and license to practice
medicine in the state of Kentucky. I was called on to treat C. T. Atherton's case about two years ago
and have prescribed occasionally for him since. The condition of his general health is not good and
has not been for about two years. He was suffering from sciatica during that time. He still suffers
from sciatica in the left leg.
I have treated John P. Atherton for the last four or five years for paralysis and softening of
the brain. His mental and physical condition are bad requiring constant attendance. He requires
constant nursing. I am acquainted with the mother. I do not know the condition of her health at
present. On account of her age naturally she would not be able to attend him. I can't say as to her
health and Mr. Atherton is paralyzed and has fits and requires nearly constant attention. I have
known C. T. Atherton for five or six years. I live 14 or 15 miles from him. I am not related to him.
I've been his family physician for four or five years. I've treated him only by prescription but
frequently. The wife helps take care of Mr. Atherton but Tom has been the principal help. Tom is
not an able bodied man. He is about 35. He had rendered his father pretty constant attention. Tom
watches his father very closely and gives him good care. Isl E. S. Smith
June, 1905: C. T. Atherton is not entitled to the relief sought and take nothing by his petition and
same be dismissed. Lou Atherton is granted a divorce. She is entitled to custody of the infant child
and C. T. Atherton is to pay her $ 15.00 per year and same to be paid monthly and the first payment
to be made 15 Jul 1905. Thereafter, it is to be paid on the 15th of each and every month until further
orders of the court and petition of Lou D. Atherton for alimony dismissed and she takes nothing by
her petition. Her attorneys, Noggle and Graham, are allowed $30.00 to be paid by C. T. Atherton.
Judgment: 7 Jul 1905
C. T. Atherton is not entitled to the relief sought. It is ordered that he take nothing and same be
dismissed. Lou D. Atherton is granted a divorce and she be restored to her maiden name Lou D.
Warren. Lou is entitled to custody of her infant child. He is to pay Lou $15.00 per year for child
support, made in monthly payments. The first payment is to be paid on 15 Jul 1905. Noggle &
Graham, attorneys for Lou, are allowed $37.00 and to be paid by C. T. Atherton. The petition for
alimony is to be dismissed.
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1885 - 1944 (59 years)
