A 40-year marriage forged in divorce court

Circuit Court Judge and jury, gathered at the old Lucas County Courthouse in Chariton during early February 1873, found themselves facing a full house when the divorce case of Casper Fluck vs. Jane Fluck came to trial. Judging from the number of "anxious spectators," The Chariton Patriot reported in its edition of Feb. 12, the trial promised to be "of a very entertaining character." 

As grounds for the divorce, Casper alleged that Jane had been involved in an adulterous relationship with his younger brother, Levi. Jane denied it but Levi was fully prepared to acknowledge the relationship. It's possible to see why many might look upon the trial as a source of potential entertainment.

Casper and Levi were among the 11 children of David and Mary Fluck, who arrived in Pleasant Township from Pennsylvania with their family during October of 1867. They seem to have been known as Fluck upon arrival, but that somewhat inconvenient surname soon transitioned to Fluke, which is how we know them today.

Casper was 27 during late winter, 1873, and Levi, 19. Jane (Figard) Fluck was 21 and had married Casper on Jan. 28, 1869, in Fulton County, Illinois. They had one child, Amos.

Here's how The Patriot reported the divorce proceedings, which involved more than the usual number of twists and turns:

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The case of Fluck vs. Fluck was for a divorce a vinculo matrimonii in which the plaintiff alleged among other things that he was married to defendant in January 1869. That defendant was guilty of adultery with one Levi Fluck (brother of plaintiff.) 

The defendant answered denying the charge of adultery, and also filed a motion for an allowance of money to enable her to pay counsel and make her defense in the case, which motion was sustained, and an order made for the payment by the plaintiff of fifty dollars or a suspension of proceedings. This "brought the plaintiff to time" and the sum was paid over when the trial proceeded. And judging from the number of anxious spectators was of a very entertaining character.

The principal witness was the brother of plaintiff, who testified to the truth of the allegation of the petition, that he was the particeps criminis with the wife (his sister-in-law) and convinced the jury that a man who would voluntarily come into court and expose his own shame and crimes was not very reliable as a witness, and gave them such grave fears that the whole thing was a conspiracy between the two brothers that they found against the charge, and the divorce was consequently refused.

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After that, Jane and Casper reconciled, moved eventually to Reno County, Kansas, and became the parents of five additional children.

A marriage that nearly foundered in Iowa during 1873 endured for 40 years --- until Casper's death on April 29, 1900. Jane died 13 years later, on June 28, 1913. They are buried together in the Lerado Cemetery in Reno County.

Levi married for the first time during 1872 in Lucas County and lived much of his life here, but passed on Oct. 20, 1923, in Riverside, California.