But in the case of Russell's John and Margaret Lynch, set 120 years ago during the closing three months of 1901, that was hardly the case --- as reported in a front-page story in The Chariton Herald of Nov. 7.
At the time all of this was transpiring, John was 64 and Margaret, although referred to as "aged" by the reporter, was only 39. Their three small children also were included, although not mentioned, in the equation --- George, age 5; Francis, 3; and Eunice, 1. The family home had been a small farm of about 30 acres south of Russell sold during late summer, 1901, to Solomon O. Slater.
Here's the text of the story, published under the headline, "Husband Deserts Wife: John Lynch of Washington Township Leaves His Wife and Goes to Missouri."
+++
John Lynch, of Washington township, has played smash generally. He owned a small farm south of Russell until a short time ago, when he sold it to S.O. Slater. His wife had property of her own before they were married, and her belongings were included in the farm. Mr. Lynch induced her to sign the deed with him by promising her a visit to relatives after the sale would be made, and also said he would buy another farm in Missouri, where they would make their home.
The sale was made, and she started on her visit. The same night that she left, Mr. Lynch's son from near Unionville, Mo., arrived on the scene and either induced or plotted with his father to go with him to his home near Unionville and leave the mother to shift for herself on her return. So the old man gathered together all his money, aggregating, it is thought, nearly $2,000 and went with the son to Missouri.
The aged wife came back from her visit a few days ago, only find the home deserted, the furniture and furnishings nearly all gone, and her husband away. She was very much perplexed, but by inquiry found that her husband had deserted her, and had taken all their joint property and gone to his son's home in Missouri, leaving her to paddle her own canoe. Robbed of her home and all her property, the poor woman appealed to her charitable neighbors, who fitted her out with a place to live in the home which had been hers, and are now keeping her from starvation's door with donations of food.
Meanwhile, the indignant neighbors raised a purse to send after the old man and prosecute him. County Attorney Drake went to Unionville, and found him, but could not induce him to return. The old man said that he would neither let his wife come to him there nor let her have any of the property. The son seemed to have influenced his father to this cruel stand, so Mr. Drake had to return with effecting the desired result.
He then went to Des Moines for requisition (extradition) papers, to bring the old man here under arrest. He carried warrants on two counts, one for larceny from his wife and the other for obtaining money under false pretenses. On both of them, the attorney general declined to recommend requisition papers, he taking the stand that the laws of Iowa did not recognize stealing from a wife as larceny. Mr. Drake therefore returned, and other means will be adopted to bring the old man to justice.
Meanwhile the wife is living off the donations of charitable friends and neighbors, although she really has property of her own which her husband stole from her. The flaw in the state law seems to have come from the old common law, in which a wife's property became her husband's immediately upon their marriage. Any clause in the old common law which is not annulled by a new provision is still in effect, so the attorney general rules. Hence, he claims, a husband cannot steal from his wife, since the property they hold is owned by him, or at least by them jointly, as one. It appears from the developments in this case that Lynch and his wife are one, and he is the one.
The fact that a man can steal all his wife's property, and all their joint property, and leave her to want and starvation, and still be protected by the law, is likely to arouse the indignation of the public in general until they will take the law into their own hands, if the matter is not made right soon.
+++
John and Margaret had been married for six years when he deserted her. Their marriage had occurred during 1895 in Mills County and was her first. Both were residents of Wayne County, however, and probably had known each other for some time.
John and been married three times previously, first to Sarah McCalment during 1861 in Appanoose County. She died during 1881 when they were living near Sharon Church in northwest Wayne County leaving behind a family of six children, the youngest of whom was 5. About a month after Sarah's death, John married his sister-in-law, Jane McCalment, a match that ended in divorce. During 1889, he married Anna Whitten in Chariton and they had a son, Finis, born in 1890 before that marriage, too, ended in divorce.
+++
Although spurned by Iowa's governor and attorney general, Lucas County officials aided Margaret as she took her case to the courts in Putnam County, Missouri, where during late November she won a judgment of $117, reportedly the amount of cash John had stolen from her. A criminal complaint against John also was pending in Putnam County when, during early December, Iowa officials had a change of heart and John was extradited to Lucas County to face charges, too. He was bound over to a grand jury and indicted shortly after his return, then released on bond.
Soon thereafter, however, The Herald of Dec. 19 reported, the case was settled out of court when John agreed to pay Margaret and their children $500. Criminal charges against him then were dropped and he returned to Unionville.
+++
At the time, John didn't have much longer to live. He expired on July 2, 1902, at the home of his son in Unionville, as reported in The Herald of July 10, and his remains were brought to Sharon Cemetery for burial beside those of his first wife. Here's the brief report: "John Lynch, who formerly lived near Russell, and who became notorious for his desertion of his wife and the seizure of all their mutual property, died a few days ago at the home of one of his sons near Unionville, Mo., and his remains were brought to this place and interred in the Sharon cemetery on the afternoon of he 4th. The cause of death was cancer of the stomach. His wife is yet in this county, and was an interested attendant at the Fourth of July celebration in Chariton."
+++
During 1903, Margaret married as her second husband a Welsh coal miner, Benjamin W. Reese, and they became the parents of a son, also Benjamin, born during 1904. Ben Sr. died about 1916.
During 1922, Margaret married Phillip Sammon and they lived on his farm near Martensdale in Warren County until his death during 1932. Finally, during 1936 and in failing health, Margaret moved in with her sister, Mary Spencer, at Lucas and died there on July 16. She was buried with Phillip in the Wallace (aka Wick) Cemetery, south of Martensdale.
No comments:
Post a Comment