Individual Details
William WINTERS
(Abt 1832 - 13 Apr 1895)
http://awt.ancestry.com/cgi-bin/igm.cgi?op=GET&db=pagewinters&id=I0047
gedcom by Leslie Mikesell Wood, genigrandma@hotmail.com
posted 4 June 2007. Much information, not verified except as noted.
ID: I0047
Name: William Henry WINTER 1 2 3
Sex: M
ALIA: William Henry /Winters/
Birth: 4 JAN 1831 in Columbus, Bartholomew, Indiana, USA 3
Death: 13 APR 1895 in [near] Ontario, Malheur, Oregon, USA 4 ofSuspected murder.
Occupation: Rancher, raised horses. He was once a Captain of a wagontrain.
Note:
Excerpts about our William Winter from the story by his daughter,Clara Winters Ross:
"I came to Portland Business College, where I took short hand andother business subjects but not bookkeeping. So by a whim was thecourse of a life changed. That is how it happened I was not at homewith the rest of the family when Pa was murdered."
"His horse (some said a mule) thrown over a cliff into the whirlingSnake and his body concealed high on a lonely, rocky mountain."
"The day after he had supposedly been drowned his horse came up in awhirlpool, there, a year later, a skeleton as my father. The coronercould not certify to it on the evidence."
"I wrote to him [an attorney in La Grande] that my father's skeletonnever was taken from the Snake, that it was my brother George whofound it high on the slope of a mountain out from Ontario where somesheepherders had discovered it, dragged and mauled by coyottes, withthe beard turned up over the face. Pa's barlow knife close at hand."
"All was lost to us when my father was so cruelly murdered and a traplaid to put the blame on Frank. According to the record, this year andday of infamy was April 13, 1895."
"Trees and flowers began to appear, and the "new" part of thegraveyard was a blanket of green. But the "old" part, where Tom Burns,Anna's husband and Bob Haines, Alice's husband, and ma were all buriedwas dry and se-e. Kathie's little baby that Lida had attempted toraise, was buried in the old graveyard on the Kemball place and so faras I know was never removed from there. That box of bones, alleged tobe the skeleton of my father but unidentifiable as such, was finalyburied in that older part of the grave yard, I think. Some unknowntragedy ends there for some man - and perhaps for some family."
29 Sep. 1891 Divorce of William Henry Winter & Helen Louisa Frederick:
AFFIDAVIT OF WILLIAM HENRY WINTER. Found in court house records byWayne & Thelma Mikesell Winters in 1988 and transcribed from photocopyof original handwritten record by Leslie Mikesell Wood and DellaMikesell Binder. (Handwriting was very hard to decipher.]
"The Circuit Court for Wallowa County, State of Oregon.
HELEN L. WINTER, PLAINTIFF VS. W.H. WINTER, DEFENDANT
STATE OF OREGON, WALLOWA COUNTY
I W.H. Winter being first duly sworn say, that I am the defendantabove-named, and have a good sufficient, valid existing defense to thecomplaint filed in the above entitled action and each allegationcontained in said complaint, as I am informed by my counsel to whom Ihave made a full and detailed statement of all the facts I am able tomake in all my relations with the plaintiff above named.
That on or about February 1857, I first met the plaintiff in UtahTerritory, and that at that time plaintiff was the wife of one [blankspace] Owen, and possessed of no property, but serving as a domesticdoing general housework in the house of my brother.
That at that time I was the owner and possessed of, as the result ofmy own labor, property of the value of not less than $2000.
That plaintiffs husband, the said [blank space] Owen, was a Mormon inreligion and the community in which he and plaintiff lived, wassettled by people of that religious faith, and any gentile who in anymanner opposed or interfered with Mormon affairs or families was inactual and imminent danger of being mysteriously murdered and hisproperty stolen or confiscated by the church.
That myself and brother and his family were all gentiles and religioussentiment in said community was so violent against all gentile peopleat this time that we were in constant danger and we were compelled tosecretly leave said community and flee across the mountains, intendingto go to the state of California, taking with us our property,consisting principally of livestock.
That plaintiff repeatedly begged me to take her from the rule, controland oppression of her said husband, who cruelly and inhumanlymistreated her to my actual knowledge.
That I took plaintiff, at the risk of my own life and property, and atmy personal expense, as she had no means of her own, and escaped fromsaid Mormon settlement with her, my brother and his family, throughthe mountainous wilds of Utah and what is now Nevada, then inhabitedby only wild animals and hostile tribes of Indians, traveling about1000 miles and finally settling in Carson Valley near the foot and onthe east side of Sierra Nevada Mountains. That the valley at that timewas almost wholly unsettled and not less than 80 miles from thenearest established settlement.
That myself and plaintiff settled in said Carson Valley, where Iobtained land and entered extensively into the stock business for theCalifornia market,. and lived in said valley for 17 years. That duringsaid time I accumulated property to the value of about $10,000.
That during the year 1866, plaintiff left my home sometime in theSpring, and as soon as I found out where she was I provided hersuitable board and lodging at a respectable hotel at Carson City forthe summer, thinking a summers rest might do her good. In the sameyear, while so absent she commenced a suit against me for divorce inOrsby Co. Nevada, and upon the evidence that she was the wife of said,[blank space] 0wen and had never been married to me and had notdivorced him, said suit was dismissed.
That sometime during the fall of the same year 1866, plaintiffreturned to my home and continued to live there until some time in thefall of 1875 when she wanted to visit her people in Utah, and asked totake her children with her. I furnished her the means to travel withand she took all the children. but my son George who followed sometimeabout Christmas the same year. She remained in Utah on this visituntil sometime in the early part of 1877 when she returned toWinnemucca, Nevada, some 75 miles from my place. During all her stayin utah I supported her and the children, who were going to school. IrepeatedIy wrote her while she was away this time, asking her toreturn, but she refused, wanting to live in Utah. When I first met herat Winnemucca on her return, I had not had an answer to any of myletters for many months, and was surprised to meet her. I asked herwhen she wanted to come home. I had taken my son George to that placeto send him away to school and she said she would not come home atall, but wanted her share of the property to take the children toCalifornia to school. I offered to send all the children then oldenough to attend school, but she flatly refused to return to my home,and demanded a share of my property. Finally plaintiff and defendantentered into a written agreement at this time agreeing that plaintiffand defendant would live separate and apart during the remainder oftheir natural lives. And plaintiff therein, in consideration of theconditions of said agreement in writing covenanted to and with me thatshe would not in any manner or under any pretenses whatever sue orprosecute me for any of my property I have had or might after thattime acquire, that plaintiff released me in said agreement from anyliability for her support and agreed to care for, educate and raisewith a parents care all her daughters then with her, being CatherineHelen, Josephine M., Alice and Clara, and I was to educate, raise andcare for all her sons, being George S. and Henry F. That in saidagreement I bound myself to pay plaintiff out of my property the fullsum of $3000 all of which I fully paid to or for plaintiff at orbefore the maturity of said obligation, which said $3000 plaintifftime and time accepted in full of all claims against me or myproperty.
Sometime in the spring of said year she took all her said children andwent to Petaluma, California where I purchased for her a nine acrefarm planted orchard and vineyard for which I paid $150 per acre. Shemoved onto this farm with her children to send them to the graded orhigh schools of Petaluma. I lived all this time in Elko County,Nevada, engaged in the business of ranching and raising stock. I sentmy son George to plow and farm her land at her request and to go toschool. Sometime in 1879, I think, George wrote me that his mother,the plaintiff, had spent all the money, was greatly in debt and hadbeen sent to the asylum as insane. He said his sisters were withouthomes or any place to stay. I sent him word at once to get them caredfor and I would come down and fix things up as soon as possible, andsent him money to come home that he might help me care for the stock,as he had no home where he was. Inside of a month or two I went toCalifornia where plaintiff had lived with her children, settled infull all outstanding debts of plaintiff and her children and broughtthe children all back with me to Nevada, first having obtained theconsent of my wife, Matilda, mentioned in plaintiffs complaint, tobring said children to my home and care for them. As I now remember itcost me about $800 in money to make said trip and settle saidoutstanding debts. While in California at this time I went to theasylum at Napa City, to see the plaintiff who was both sick andinsane, and the authorities would not allow her removal or in anymanner interfered with and I was compelled to return to my homewithout her, and unable to do anything for her.
Sometime in the spring of 1880, I think it was, I again went from myhome in Nevada to the asylum at Napa, California to see plaintiff, andget permission from the physicians to remove her to the home of hermarried daughter at Petaluma thinking the change might help her. Sheseemed to improve and I was again compelled to return to Nevada,leaving her at the home of her daughter, the doctors having orderedthat if she did not improve to have her returned.
In about six months from this time plaintiff sent me word that she wasmuch better, and wanted to come to see and be with her children. Iimmediately sent the money to pay her expenses and she came at once tomy home in said Elko County, Nevada.
That in April 1877, after said separation between me and plaintiff Iwas lawfully and regularly married to one Matilda Stoddard in DavisCounty, Utah Territory, and ever since have been and now am the lawfulhusband of the said Matilda.
That when plaintiff returned to my home after said confinement in theasylum for the insane she seemed much more feeble in mind than everbefore, and was very willful, not wanting my wife to have any controlover plaintiff's children, and my wife, having become attached to thechildren, wished exclusive control of them.
The house was not large enough for us all, and I was extremelyembarrassed by my surroundings. I fully realized that my wife shouldbe mistress of my household, and that plaintiff was the natural motherto the children in controversy, and I wanted to avoid anything thatmight further affect her mind. After carefully considering the matterI sold out my lands and my wife Matilda said if I would buy her a farmin Utah, she would like to return there and live near her children. Iwanted to come to Oregon and she would not come with me. I bought hera farm as she desired and she went to Utah to live where she remaineduntil sometime in the summer of 1888, when she came to Wallowa County,Oregon where she has ever since lived and now lives with me as mywife. That I sent the plaintiff and her children when I sold out inNevada, to Oregon, while I went to Wyoming Territory with a band ofhorses to sell. After selling said band of Horses, I came to Oregon,and sometime in March 1882, I brought plaintiff and her children toWallowa County, Oregon, where plaintiff has continuously resided at myhome in said county, until about July 1888, plaintiff, at her ownrequest, was moved from my house to a house I had built on a quartersection of land adjoining my place, that I had cleared and improved atabout $1000 expense to myself and had deeded to plaintiff.
When my wife wanted to come from Utah to my home in Oregon, I made thefact known to plaintiff and her children, and all of them expressed awillingness to have her come, and at their own insistence were movedonto the farm of plaintiff, a distance of about 300 yards from thehouse I then lived in and still occupy as a home. That I supportedplaintiff and her children at my own expense while they remained onsaid farm of plaintiff and have at all times when permitted so to do,provided for, supported and cared for plaintiff and any of herchildren.
I am possessed of and own certain personal and real property inWallowa County, Oregon of the value of about $11,000, and that l owe,over and above any and all amount due me, between five and sixthousand dollars.
I have about 200 head of cattle, not of a marketable class, and about500 tons of hay which, unless fed by me to steers for the springmarket of 1892 will result in great loss to myself and cause me tolose not less than $4,000, including the loss to me of 140 acres ofgrain. That all of said hay and grain was grown by me with theintention of feeding all the same to beef cattle for the market of1892, and unless allowed to use the same for that purpose, I willsuffer great and irreplaceable loss in both means and credit.
That the restraining order in this suit has so impaired my credit inthe business circles of Wallowa County, Oregon, that I have so farbeen unable to secure money to pay the hired help I was compelled tohave in harvesting my said crop of hay, and grain, and unless saidorder is removed from my property, it will be sacrificed by mycreditors, as I can not then sell it to get the money to pay them, oruse it for a basis for credit.
That Plaintiff owns in her own name and unencumbered the followingdescribed real estate in Wallowa County, state of Oregon to wit: -N.W. 1/4 sec. 6 Tp. 3N., R. 46 E.W.M. and that said track of land inits present state of improvement is worth not less than $800.00 as abasis for business or money credit.
That plaintiff is not obliged to work for her own support, and thatsaid tract of land, properly managed will support plaintiff as wellshe is now supported by her own efforts. That plaintiff left saidtract of land sometime in the spring of 1890, unknown to me, and hasremained absent ever since, and I have simply kept up repairs andcultivation of said land and paid all taxes thereon to keep intact forplaintiff.
That I have at all times used my effort and means at my command toprevent my wife from abusing in any manner the feelings of plaintiffand her children, and that Matilda, my wife, or anyone else, has neverbeen either permitted or allowed by me to, in any manner, abuse,mistreat or insult the feelings of plaintiff and any such conduct onher part was without my knowledge or consent. That I have not now andnever had an unkind feeling for the plaintiff, but always had andalways will render plaintiff and her children any assistance they mayneed that I can.
W. H. Winter
Subscribed and sworn to before me this 29th day of September 1891
D. W. Sheahan
Notary Public for Oregon"
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant. To HelenL. Winter and J. H. Slater & Sons, your attorneys: You and each of youwill please take notice that the defendant W. H. Winter, by hisattorneys, Ivanhoe & Sheahan, will apply to James A. Fee, one of theJudges of the Sixth Judicial Dist. for the State of Oregon, atChambers in the Court House at Pendleton, Umatillia County, Oregon onWednesday, the 21st day of Oct. 1891, at ten o'clock A.M. of said dayfor an order dissolving the injunction heretofore granted herein, thesaid cause to be heard upon the pleadings and affidavits herein.Ivanhoe & Sheahan. Attys for deft.
Father: David WINTER b: 15 JUL 1791 in Wheeling, Ohio, [West] Virginia
Mother: Sarah Elizabeth SPURGEON b: 31 MAR 1803 in Rowan Co., NorthCarolina, USA
Marriage 1 Helen Louisa FREDERICK b: 19 JUN 1839 in Livingston Co.,Michigan, USA
Married: 25 JUL 1857 in Utah Territory 5
Marriage fact: 16 SEP 1892 in Circuit Court, Wallowa Co., Oregon
Event: Alternate marriage date JUN 1858 in Date that was in OrinJefferds journal. 6
Event: Alternate marriage date 18 JUL 1857 in Although William Winterstated in Divorce court that he & Helen were never married, Helentestified that they made a contract between them on 25 July 1857 inUtah Territory. 7
Marriage Beginning Status: Other
Marriage Ending Status: Divorce
Note:
The census below was transcribed in 1988 by Leslie Mikesell Wood frommicrofilmed census. On this same page (156), at top, was Jacob N.Winter & family.
Now on the web at this address:http://www.rootsweb.com/~utgenweb/Census/1860US/frame.html
and on ancestry.com [image #2]
1860 U.S. Census, Utah Territory, Carson Co., Jacks Valley, page 156,Lines 10-15, dwelling #1874 family #1874
Wm. H. Winter; age 30; male; occupation: Stock raiser; born Indiana.
Eliza age 20; female; born Michigan.
Anne Jane age 2; female; born Utah.
M. Snider; age 30; male; born Indiana.
Elias Williams; age 21; male.
Susan Maria; age 25; female; servant; "Piute" Indian, can't read orwrite.
[William's Aunt Jane Spurgeon married Daniel Snider. Perhaps M. Snideris a cousin or other relative. Census image is on this couple'sscrapbook in this Family Tree Maker file.]]
ancestry.com [Images #5 & 6] [Transcribed by Leslie Mikesell Wood]
1970 U.S. Census, Nevada, Douglas County, Post Office: Genoa, Page #5,18 June 1870, Lines 39-40 Dwelling #34, Family #18
Winter, W. H.; age 35; male; white; Farmer; property value: $5000;personal value: $6000; born Ind. [Indiana]; male citizen of age 21 orover.
Winter, E.; age 29; female; white; keeping Hus [house]; born Michigan.
continued on image #6, page #6, Lines 1-8:
Winter, E.G.; age 12; female; white; born Nev. [Nevada]; attendedschool.
Winter, K.; age 8;female; white; born Nev. [Nevada]; attended school.
Winter, Geo.; age 6; male; white; born Nev. [Nevada]; attended school.
Winter, E.; age 4; female; white; born Nev. [Nevada]; attended school.
Winter, J.; age 2; female; white; born Nev. [Nevada].
Winter, [blank]; age 4/12; male; white; born Nev. [Nevada]; born Feb.
Shore, T.; age 55; male; white; Black Smith; born England; parents offoreign birth;
Burges[?], G. W.; age 30; male; white; School Teacher; born Me [?][Maine?]; male citizen of age 21 or over.
[On line 23 is William's brother Jesse Logan Winter with his wife &daughter. Images of these census pages are in this couple's marriagescrapbook in this Family Tree Maker file.]
30 Jan 1877, Humboldt County, Nevada: Separation of William HenryWinters & Helen Louisa Frederick:
Information below is from Annie Conley and is on the followingRootsweb gedcom:
http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=gkwinner&id=I765
Winner Family Descendents- Descendents of George King Winner Contact:Kerry Petersen
"This Indenture made the 30th day of January A.D. 1877 between W. H.Winters, party of the first part and Helen L. Winters, his wife, theparty of the second part, both of Elko County, State of Nevadawitnesseth: Whereas unhappy differences have arisen and do now existbetween said parties, and by reason of the same they have agreed anddo now agree, to live separate and apart from each other during theirnatural lives. Now therefore, the said party of the first part inconsideration of the premises and in pursuance thereof does herebycovenant to and with the said Helen L. Winters, party of the secondpart, his wife that notwithstanding the marriage existing betweenthem, it shall and may be lawful to and for said Helen L. Winters atall times hereafter to live separate and apart from him, the said Wm.H. Winters, and the said W. H. Winters shall not, nor will he compelher to cohabit or live with him and that the said Helen L. Wintersshall be to all intents and purposes freed from the power, will orcontrol of the said W. H. Winters, and that he shall not, nor willnot, at any time hereafter under any pretense whatever sue orprosecute and person that may receive, harbor or protect her. That hewill not claim any of her property, money, clothes or jewelry, thatshe now has or may hereafter so acquire, and the said Helen L. Wintersdoes hereby promise covenant and agree to and with the said W. H.Winters in the same manner and to the same extant that she socovenants with the said first party that she refrains from any and allacts towards him, that he has covenanted above to refrain from asagainst her.
And it is further covenanted and agreed to and between the saidparties that the said first party shall and does, from the datehereof, release and discharge said second party from all obligationsto keep and support George S. Winters aged 15 years and Henry F.Winters aged six years (both of them issue of the marriage of saidparties) but covenants and agrees to raise and educate said childrenwith a parent's care, and the said Helen L. Winters covenants andagrees to and with said W. H. Winters to release and discharge fromall expenses and responsibility with the raising and schooling of thefollowing children the issue of said marriage; Catherine Helen aged 10years, Eliza G. aged eleven years, Josephine M. aged 8 years, Aliceaged two years and Clara their infant daughter. And that she willraise and school all of said last named children at her own expenseand charge, and look to their raising and comfort with a parents care.
And the said second party further covenants and agrees to and withsaid first party, that she will from the date hereof release saidfirst party from all obligation to keep or support her, and will notcontract any debt or bill against said first party. And inconsideration of the premises the said first party agrees to and withthe said second party that upon the signing and executing of thisindenture of agreement and contracts, that he will execute to the saidsecond party his promissory notes as follows: One note for OneThousand Dollars due and payable on the first day of May 1877. Onenote for One Thousand Dollars due and payable on the first day of May1878 and one note for One Thousand Dollars due and payable on thefirst day of May 1879 and that all of said notes shall be payable inUnited States Coin, and the said first party agrees to accept saidnotes in full satisfaction of all her right title and interest in andto all the common and community property now owned by the said partiesconsisting of both real and personal property. Wm. H. Winters. HelenL. Winters. State of Nevada. County of Humboldt.
On this thirtieth (30th) day of January A.D. One thousand eighthundred and seventy seven personally appeared before me, Chas. A.LaGrave, County Recorder in and for the said Humboldt County, Wm. H.Winters and Helen Winters, his wife, whose names are subscribed to theannexed instrument as parties thereto, personally known to me to bethe same persons described in and who executed the said annexedinstrument as parties thereto. Who each of them acknowledged to methat they, each of them respectively, executed the same freely andvoluntarily and for the uses and purposes therein mentioned, and thesaid Helen L. Winters, wife of the said Wm. H. Winters, having been byme first made acquainted with the contents of said instrumentacknowledged to me, on examination apart from and without the hearingof her husband, that she executed the same freely and voluntarilywithout fear or compulsion or undue influence of her husband and thatshe does not wish to retract the execution of the same. In witnesswhereof I have hereunto set my hand and affixed my official seal theday and year in this certificate first above written. Chas. A.LaGrave, County Recorder. Recorded at request of Wm. H. WintersTuesday January 30th A.D. 1877 @ 30 minutes past 1 P.M. Chas. A.LaGrave, County Recorder, by Geo. F. Fell, Dep. No. 195."
[5 June 1880 William Winters is on the census in Good Hope, Elko Co.,Nevada with wife Matilda, his children [all but Annie], & Matilda'stwo children. See their marriage notes.]
5 Sep 1891 Wallowa County, Oregon.
JUDGMENT ROLL. In the Circuit Court, September Term, 1892. JudgmentRenderer. 9-14-1892. Helen L. Winter, Plaintiff vs W. H. Winter,Defendant. Judgment for Plaintiff. Filed Sept. 17, 1892. L. J. Rouse,Clerk. In the Circuit Court of the State of Oregon for the County ofWallowa. Helen L. Winters, Plaintiff vs W. H. Winters, Defendant.Complaint in Equity. Plaintiff for cause of suit against the abovenamed defendant complains and alleges; That plaintiff is now and formore that one year last past has been a resident of the State ofOregon, and that defendant is now a resident of Wallowa County Oregon.That plaintiff and defendant were intermarried on or about the 18thday of July A.D. 1857 in the Territory of Utah and that they eversince have been and still are husband and wife. That there have beenborn the issue of said marriage twelve children, five of whom are nowdead and four of full age and providing for themselves. That one son,Frank Winters aged twenty years, and two daughters, Alice Winters agedseventeen years, and Clara Winters aged fifteen years, live in WallowaCounty Oregon. That on or about the first day of July A.D. 1888, thedefendant commenced against plaintiff a course of cruel and inhumantreatment and personal indignities rendering her life burdensome, bythen and there introducing into his family and house in Wallowa CountyOregon, one Matilda Stoddard or Matilda Duncan, as she was sometimescalled, and by then and there installing and placing said MatildaStoddard in charge of defendant's said home and household as mistressand making and compelling plaintiff to become subservient to her. Thatat said time defendant moved plaintiff out of the house and hometheretofore occupied by plaintiff and defendant and their children andplaced therein the said Matilda Stoddard as his mistress in the placeand stead of plaintiff, and that defendant has continued to and doesnow keep the said Matilda Stoddard in his said house and home as hismistress and is now living with her as such. That defendant has by hissaid acts excluded plaintiff from her place in the family of defendantand compelled plaintiff to live apart and separate from him and toseek another home and place in which to live and provide for herself.That defendant was not in any way morally or legally bound or obligedto support the said Matilda Stoddard, but wrongfully, and unlawfully,and without cause or provocation placed her in his said house andfamily over plaintiff, and to gratify his own desires. That whileplaintiff lived near defendant on her own premises, to which he hadcompelled her to move, defendant allowed and permitted said MatildaStoddard to ill treat and abuse plaintiff by then and there applyingto plaintiff and her children vile and degrading language and epithetsby calling plaintiff a whore and an illegal wife of defendant and herchildren by him illegitimate. That the said Matilda Stoddard boastsand threatens that she will turn plaintiff and her children out of thepremises of defendant and prevent her or them from receiving anybenefit or use of the property of defendant. That defendant persistedin so keeping said Matilda Stoddard in his said house and home againstthe protests of plaintiff and without her consent. That by so doing heexcluded plaintiff from her place in his household as his lawful wifeand from the society of her children to the degradation of herself andchildren. That ever since the said first day of July 1888, defendanthas and now does support and provide for the said Matilda Stoddard ashis mistress to the exclusion of plaintiff; that plaintiff could notlive in the same house with said Matilda Stoddard and defendantcompelled plaintiff to move from their said home in order to give thesaid Matilda Stoddard a place in his house, and that by the said actsof defendant he has compelled plaintiff to live separate and apartfrom him to the shame and scandal of plaintiff and her children. Thatby the said cruel and inhuman treatment of plaintiff by defendant andthe said personal indignities placed upon her by defendant,plaintiff's life was and has been rendered burdensome to her. That thedefendant is not a proper person to care for and educate the twochildren of plaintiff and defendant, Alice Winters and Clara Winters,and that plaintiff can and is willing to support and care for them.That plaintiff was by the said treatment of her by the defendantcompelled to and she does now by her own labor support herself, andthat defendant does not in any way contribute thereto. That she had noproperty or means except one piece of land in Wallowa County, Oregonnow in the possession of defendant and from which plaintiff receivesno income, and that in order for her to prosecute her suit for adissolution of the marriage contract of plaintiff and defendant asherein demanded it is necessary that defendant pay into Court for theuse of plaintiff a reasonable sum for that purpose and to supportplaintiff during the pendency of this suit. And plaintiff alleges thatthe sum of $500.00 for attorney fees, $250.00 for Court expenses andtaking testimony and the sum of $50.00 per month for the support ofplaintiff during the pendency of this suit, are reasonable sums forthose purposes. And plaintiff alleges that she has at all times beento defendant a true and faithful wife and that the said acts ofdefendant in his said treatment of her were done without cause orprovocation on the part of, or from plaintiff. That defendant is theowner and in possession of in Wallowa County, Oregon, the followingdescried lands and personal property, which property was the resultand accumulation of plaintiff's and defendant's joint work duringtheir married life, to wit: All of Section One (1) Township Three (3)South of Range Forty-five (45) East of Willamette Meridian, also theSouth East Quarter of Section Twenty-seven (27); East Half of NorthWest Quarter and South West Quarter of North West Quarter of SectionThirty-four (34) Township Three (3) North of Range Forty-seven (47)East of Willamette Meridian and the South West Quarter of North WestQuarter and West Half of South West Quarter of Section Twenty (20)North West Quarter of North West Quarter of Section Twenty-nine (29)Township One (1) South of Range Forty-six (46) East WillametteMeridian of the aggregate value of about Ten Thousand Dollars. Alsohorses and cattle of the value of about $5,000.00. That it isnecessary, in order to protect the rights of plaintiff, that an orderbe made by this Court restraining defendant from in any mannertransferring or incumbering any of his said property until the finalorders of this court. And plaintiff alleges that she is entitled tothe one half of all the said property of defendant as her portion. Andplaintiff further alleges; That on or about the first day of AprilA.D. 1890, defendant willfully deserted plaintiff in Wallowa County,Oregon, by then and there, taking into his house one Matilda Stoddard,as his mistress and compelling plaintiff to move out of their saidhome theretofore occupied by plaintiff and defendant and therebyexcluding plaintiff from her place as his lawful wife and compellingher to seek other and different places of abode separate and apartfrom defendant. That by the said conduct of defendant plaintiff hasbeen compelled to and does now support herself without any aid orassistance from defendant. That ever since the said first day of AprilA.D. 1890, defendant has and still does wrongfully and unlawfully keepand support the said Matilda Stoddard as his mistress in his home anddwelling house in Wallow County, Oregon. That the said desertion ofplaintiff by defendant was and is without provocation on part ofplaintiff and has continued to the present time. And plaintiff furtheralleges; that on or about the 10th day of Oct. A.D. 1890, defendantcommitted adultery with one Matilda Stoddard, otherwise known asMatilda Duncan, by then and there having sexual intercourse with saidMatilda Stoddard in Wallowa County, Oregon at the residence anddwelling of defendant the more specific time of which is to thisplaintiff unknown. That the said adultery was committed by defendantwithout cause or provocation on the part of plaintiff. That theplaintiff is entitled to a decree of this Court forever dissolving thebonds of Matrimony now existing between plaintiff and defendant, andthat she is the owner of and entitled to the one half of all propertyof defendant. Wherefore plaintiff prays this Court:
First; For and order of this Court restraining the defendant from inany manner transferring and incumbering any of his property, real orpersonal, until the final determination of this suit.
Second; That the defendant be ordered to pay into Court for plaintiffthe sum of $500.00 for attorney fees and the sum of $250.00 for payingexpenses and of taking testimony, and the further sum of $50.00 permonth for the support of plaintiff.
Third; That upon the final hearing of this suit plaintiff have adecree forever dissolving the bonds of Matrimony now existing betweenplaintiff and defendant.
Fourth; That plaintiff be awarded the care and custody of AliceWinters and Clara Winters daughters of plaintiff and defendant.
Fifth; That plaintiff be decreed to be the owner of the one half ofall the property now owned by plaintiff, to wit: All of Section One(1) Township Three (3) South of Range Forty-five (45) East ofWillamette Meridian, also the South East Quarter of SectionTwenty-seven (27); East Half of North West Quarter and South WestQuarter of North West Quarter of Section Thirty-four (34) TownshipThree (3) North of Range Forty-seven (47) East of Willamette Meridianand the South West Quarter of North West Quarter and West Half ofSouth West Quarter of Section Twenty (20) North West Quarter of NorthWest Quarter of Section Twenty-nine (29) Township One (1) South ofRange Forty-six (46) East Willamette Meridian of the aggregate valueof about $15,000.00 and horses and cattle to the value of about$5,000.00 besides other personal property including farming implementsand household effects, and that defendant be decreed to deliver overto plaintiff the one half of said personal property or pay her thevalue thereof.
Sixth; That plaintiff have and recover of defendant her costs anddisbursements of this suit.
Seventh; That plaintiff have such other and further relief as theCourt may seem just in the premises.
J. H. Slater & Son, Attorneys for Plaintiff. State of Oregon, Countyof Union. I, Helen L. Winters, being duly sworn say that I am theplaintiff in the above entitled suit and believe the foregoingcomplaint to be true. Hellen L Winters. Subscribed and sworn to beforeme this 5th day of September A.D. 1891. W. T. Slater. Notary Public in& for Oregon.
11 Sep 1891, Wallowa County, Oregon
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant.Restraining Order. Whereas, the plaintiff in the above entitled suithas asked a decree of said Court dissolving the bonds of matrimony nowexisting between plaintiff and defendant and that plaintiff be decreedto be the owner of one half of all the property of said defendant,and; Whereas the plaintiff has asked an order of this Court directedto said defendant restraining and forbidding defendant from in anymanner transferring his property, real and personal or encumbering thesame until the termination of this suit, and to pay into Court forplaintiff the sum of $500.00 for her attorney's fees and the sum of$250.00 to pay Court expenses and for taking testimony, and the sum of$50.00 per month for the support of plaintiff. Now therefore basedupon the facts alleged and set forth in the complaint of plaintifffiled in said cause, it is hereby ordered that the said defendant beand he is hereby restrained and prohibited from in any mannertransferring or incumbering any property, real or personal, belongingto him until the final termination of this suit, and it is furtherordered that defendant within 30 days after service of this order uponhim pay into Court for the plaintiff the sum of $200.00 for attorneyfees and the sum of $150.00 for Court expenses and expenses of takingtestimony and the further sum of $50.00 per month until thetermination of this suit for the support of plaintiff, or before theexpiration of said time show cause why he should not comply with saidorder. It is further ordered that this order be served upon defendantby delivering to defendant a copy thereof certified to by the Sheriffof Wallowa County, Oregon. Dated at Chambers this 7th day of SeptemberA.D. 1891. James A. Fee. Circuit Judge.
State of Oregon, County of Wallowa. I hereby certify that I served theforegoing restraining order of the Court within Wallowa County, Oregonthis the 11th day of September 1891 on the within named defendant W.H. Winters by delivering to him in person a true copy of said orderprepared and certified to by me as Sheriff of said County. ThomasHumphreys, Sheriff.
11 Sep 1891, Wallowa County, Oregon
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Summons:To W. H. Winters, the above named defendant; IN THE NAME OF THE STATEOF OREGON; You are hereby notified to be and appear in the aboveentitled Court and answer the complaint therein filed against you inthe above entitled cause within ten days from the service of thissummons upon you, if served in Wallowa County, Oregon, but if servedwithin any other County of the State of Oregon then within twenty daysfrom the service of this summons upon you. And defendant will takenotice that if he fail so to appear and answer, the plaintiff will forwant thereof apply to the Court for the relief demanded in thecomplaint. J. H. Slater & Son. Atty. for plaintiff.
State of Oregon, County of Wallowa. I hereby certify that I served thewithin summons within said County this 11th day of September 1891 onthe within named defendant, W. H. Winters, by delivering a true copythereof prepared and certified to by me as Sheriff together with acopy of the complaint prepared and certified to by L. J. Rouse, Clerkof said County, to the said W. H. Winters in person. Thomas Humphreys,Sheriff of Wallowa County, Oregon.
State of Oregon, County of Wallowa. Service of summons and copy ofcomplaint accepted this 14th day if Sept. 1891 in Wallowa Co., Oregon.Chas. F. Hyde, Dist. Atty.
14 Sep 1891, Wallowa County, Oregon
BE IT REMEMBERED, That at a Regular Term of the Circuit Court of theState of Oregon, for the County of Wallowa, began and held at theCourt House in Enterprise, in said County and State, on Monday, the14th day of September, A.D. 1891, the same being the second Monday insaid month, and the time fixed by law for holding a regular term ofsaid Court, when were present: The Hon. James A. Fee, Judge,Presiding, Charles F. Hyde, Dist. Attorney, L. J. Rouse, Clerk, ThomasHumphreys, Sheriff. When, on Wednesday the 16th day of September A.D.1891, or the third Judicial day of said Term, among others, thefollowing proceedings were had, to wit: Helen L. Winter vs William H.Winter. Now at this time this cause being called and J. D. Slaterappearing for plaintiff and it appearing that the time for answeringhas not expired this cause is continued for the Term. Jas. A. Fee.
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff, vs William H. Winters, Defendant. Comesnow the above named defendant and demurs to the first alleged cause ofsuit in plaintiff's complaint on the following ground towit;
1st: That said alleged cause of suit does not state facts sufficientto constitute a cause of suit. Defendant demurs to the second allegedcause of suit in said complaint on the following grounds, towit;
1st: That said second alleged cause of suit does not state factssufficient to constitute a cause of suit.
Defendant demurs to the third alleged cause of suit in said complainton the following grounds, towit;
1st: That said third alleged cause of suit does not state factssufficient to constitute a cause of suit.
Defendant further demurs to the whole of said complaint on thefollowing grounds, towit;
1st: That said complaint does not state facts sufficient to constituteany cause of suit.
2nd: That several causes of suit have been improperly united.
3rd: That the suit has not been commenced within the time limited bythe code of Civil Procedure.
Ivanhoe & Sheahan and R. Eakin. Attorneys for Defendant.
16 Sep 1892, Wallowa County, Oregon
BE IT REMEMBERED. That at a Regular Term of the Circuit Court of theState of Oregon, for the County of Wallowa, began and held at theCourt House in Enterprise, in said County and State, on Monday, the12nd day of September, A.D. 1892, the same being the second Monday insaid month, and the time fixed by law for holding a regular term ofsaid Court, when were present: The Hon. James A. Fee, Judge,Presiding, J. M. Cawall, Acting Dist. Attorney, L. J. Rouse, Clerk,Thomas Humphreys, Sheriff. When, on Wednesday the 12th day ofSeptember A.D. 1892, or the Third Judicial day of said Term, amongothers, the following proceedings were had, to wit: Helen L. Winter vsWilliam H. Winter. This cause coming on to be heard upon the motion ofplaintiff for a decree upon the findings of fact and conclusions ofLaw found by the Court, plaintiff appearing by J. H. Slater attorneyand defendant appearing by Ivanhoe & Sheahan attorneys and therehaving been filed no objections to the said findings of fact andconclusions plaintiff in accordance therewith, it is thereforeordered, adjudged and decreed that the bonds of matrimony now existingbetween plaintiff and defendant be and the same are hereby foreverdissolved and held for naught. And it further appearing to the Courtthat plaintiff and defendant have stipulated as to a division ofproperty, it is therefore ordered, adjudged and decreed that inaccordance with said stipulations the plaintiff is the owner of thefollowing described lands in Wallowa County, Oregon, to wit: SouthEast Quarter of South West Quarter of Section Twenty Seven (27) andEast Half of North West Quarter and South West Quarter of North WestQuarter of Section Thirty Four (34) all in Township Three North RangeForty Seven (47) East of Willamette Meridian also South West Quarterof North West Quarter and West Half of South West Quarter of SectionTwenty (20) and North West Quarter of North West Quarter of SectionTwenty Nine (29) Township One South Range Forty Six (46) EastWillamette Meridian. And that defendant shall convey to plaintiffwithin 30 days a good title in fee to the same by good and sufficientdeed of conveyance, and that in default of such conveyance bydefendant this decree shall stand as such. That defendant shall pay toplaintiff the sum of $525.00 suit money allowed by the Court, one halfto be paid in six months from date of entry of this decree and onehalf thereof to be paid in one year from date of entry of decree, saidsum of $525.00 to bear interest from date at ten per cent per annumuntil paid. That defendant pay upon the entry of this decree the costsand disbursements of this suit together with the sum of $180.00attorney fees heretofore ordered paid by the Court. That the transferby the defendant to the plaintiff of the property herein beforedescribed, as herein provided, shall be in full satisfaction, and inlieu, of all of plaintiff's interest in and to the property ofdefendant. That upon the payment to plaintiff by defendant of the sumof $525.00 as herein provided the plaintiff shall convey to defendantby good and sufficient conveyance the following described lands, towit: South West Quarter of Section Six (6) Township Three South RangeForty Six (46) East Willamette Meridian in Wallow County, Oregon. Andthat in default of such conveyance this decree shall stand in lieuthereof. That plaintiff have execution to enforce the provisions ofthis decree. James A. Fee. Circuit Judge. State of Oregon, County ofWallowa. I, L. J. Rouse, Clerk of the Circuit Court of the State ofOregon, for the County of Wallowa do hereby certify that the foregoingorder of the Court has been by me compared with the original ordermade in the above entitled suit now remaining Record in my office;that it is a correct transcript therefrom, and the whole of suchoriginal. In witness whereof, I have hereunto set my hand and the sealof the said Court, this 16th day of September A.D. 1892. L. J. Rouse,Clerk.
Helen Frederick Winter in 1900:
ancestry.com [image #2] [transcribed by Leslie Mikesell Wood]
1900 U.S. Census, Oregon, Union County, North Powder Precinct,Supervisor's District: 2nd, Enumeration District #118, Sheet #1, 2June 1900, Lines 53-56, Dwelling #16, Family #16
Burns, Thomas; head; white; male; born Apr 1858; age 42; married1year; born Michigan; parents born Ireland; occupation: teamster;months not employed: 6; can read/write & speak English; ownsmortgage-free house.
Burns, Anna W.; wife; white; female; born Mar 1858; age 42; married 1year; 2 children born; 2 children living; born Nevada; father bornIndiana; mother born Michigan; occupation: teacher; attended school 6months; can read/write & speak English.
Lang, Anna L.; step-d; white; female; born May 1890; age 10; single;born Oregon; father born Ohio; mother born Nevada; attebded school 6months; can read/write & speak English.
Winter, Hellen L.; step-mother; white; female; born June 1839; age 60;widow; 12 children born; 7 children living; born Michigan; parentsborn un. [unknown]; can read/write & speak English; owns mortgage-freehouse.
[Living with Tomas Burns is his wife Anna & Anna's daughter, Anna, &her mother Helen Winter. Census image is in William & Helen's marriagescrapbook in this Family Tree Maker file.]
Children
Anna "Annie" Jane WINTERS b: 30 MAR 1859 in Jack's Valley, Douglas,Nevada.
Zerena Elizabeth WINTERS b: 30 AUG 1859 in Jacks Valley, Douglas,Nevada, USA
Catherine "Katie" Helen WINTERS b: 25 AUG 1861 in Jacks Valley,Douglas, Nevada, USA
Sarah "Sally" Belle WINTERS b: 2 DEC 1862 in Jacks Valley, Douglas,Nevada, USA
George Snyder WINTERS b: 17 SEP 1863 in Jacks Valley, Douglas, Nevada,USA
Eliza "Lida" Grant WINTERS b: 25 AUG 1865 in Jack's Valley, Douglas,Nevada.
James William WINTERS b: 30 MAY 1867 in Jacks Valley, Douglas, Nevada,USA
Josephine "Josie" Meralde WINTERS b: 8 JUN 1868 in Jack's Valley,Douglas, Nevada.
Henry "Frank" Franklin WINTERS b: 2 MAR 1870 in Jacks Valley, Douglas,Nevada, USA
Philip Meredith WINTERS b: 11 MAR 1872 in Jacks Valley, Douglas,Nevada, USA
Alice Estelle WINTERS b: 14 FEB 1874 in Jack's Valley, Douglas,Nevada.
Clara Louise WINTERS b: 9 MAY 1876 in Union, Salt Lake, Utah
Marriage 2 Matilda "Tilda" Ann DUNCAN b: 25 APR 1836 in Belleville,St. Clair, Illinois, USA
Married: 9 APR 1877 in Bountiful, Davis, Utah, USA 8
Marriage Ending Status: Divorce
Note:
Certificate of Marriage. Territory of Utah, County of Davis.
Know All Men By These Presents. That the undersigned, a Justice of thePeace within and for the County of Davis, Town of Bountiful, Territoryaforesaid, did on the ninth day of April in the Year of Our Lord OneThousand Eight Hundred and Seventy Seven, Join in Lawful Wedlock.William H. Winter and Matilda Anna Duncan with their mutual consent inpresence of:
John Johnson. Jane Fisher.
Witnesses. Thomas F. Fisher. Justice of the Peace.
1880 U.S. Census transcription, familysearch.org:
Census Place Good Hope, Elko, Nevada
Family History Library Film 1254758
NA Film Number T9-0758
Page Number 64D
Name Relation Marital Status Gender Race Age Birthplace OccupationFather's Birthplace Mother's Birthplace
Wm. WINTERS Self M Male W 48 IL Ranchman VA IN
Matilda WINTERS Wife M Female W 40 MO Keeping House MO MO
Lida WINTERS Dau S Female W 16 UT Keeping Hou
Josie F. WINTERS Dau S Female W 11 NV MO MO
Frank WINTERS Son S Male W 9 NV IL MO
Alice WINTERS Dau S Female W 7 NV IL MO
Clara WINTERS Dau S Female W 5 NV IL MO
George WINTERS Son S Male W 16 NV Herder IL MO
James STODDARD SSon S Male W 18 UT Ranchman NY MO
Susie STODDARD SDau S Female W 17 UT Keeping House NY MO
[The first 6 were children of William & Helen Louisa Frederick. Nexthousehold is William & Helen's daughter Catherine (Kate) & husbandEdward Holmes. The last two children were Matilda's.]
ancestry.com [transcribed by Leslie Mikesell Wood]
1880 U.S. Census, Nevada, Elko Co., Good Hope Twp., District 5, Page#8D, 5 June 1880, Lines 16-25,
Dwelling #6, Family #6:
Winters, Wm; white; male; age 48; married; occupation: Ranchman; bornIllinois; father born Virginia; mother born Indiana.
Winters, Matilda; white; female; age 40; wife; married; keeping house;born Missouri; father born Missouri; mother born Mo..
Winters, Lida; white; female; age 16; daughter; single; keeping house;born Utah; father born: Mo [? on all the Winters children it looksmore like "Mo" than "Ill" but we know it should be Illinois & we knowtheir mother, Helen, was born in Michigan, but on this census it lookslike Mo, the census taker must have thought Matida was their mother];mother born Mo.
Winters, Josie F.; white; female; age 11; daughter; single; bornNevada; father born Mo [?]; mother born Mo.
Winters, Frank; white; male; age 9; son; can not read or write [markshave slash across them]; born Nevada; father born Ill; mother born Mo.
Winters, Alice; white; female; age 7; daughter; can not read or write[marks have slash across them]; born Nevada; father born Ill.; motherborn Mo;
Winters; Clara; white; female; age 5; daughter; born Nevada; fatherborn Ill; mother born Mo.
Winters; George; white; male; age 16; son; single; occupation: Herder;can not read or write; born Nevada; father born Ill; mother born Mo.
Dwelling #6, Family #7:
Stoddard, James; white; male; age 18; S son; single; Ranchman; bornUtah; father born N.Y.; mother born Mo.
Stoddard, Susie; white; female; age 17; S daughter; single; keepinghouse; born Utah, father born N.Y.; mother born Mo.
[Census page image is in this couple's marriage scrapbook in thisFamily Tree Maker file.]
Sources:
Title: Thelma Mikesell Winters & Wayne Winters
Note: Wayne is a son of Frank Albert Winters & Hazel Ruby PageWinters.
Repository:
Media: Interview
Title: Clara Louise Winters Ross
Repository:
Media: Manuscript
Title: Paul B. Scott, family group sheet
Repository:
Media: Other
Text: Sources for FGS: Bertha Booth Scott; Elizabeth Winter Grant;1870 Census Douglas Co., NV; Nancy Lubeck; Lestie Jean Halsey 1983;Michael Lubeck; Death Cert. Lida Winter Campbell; Murray Idaho Cemrec.; 1900 NV Census; Jane Ann Fuller letter 10/28/1890; MarriageCert. for James M. & Jane Ann Winter Fuller; Anc. File, Salt LakeCily, F.H.L.
Title: Clara Winters Ross
Publication: "Clara II. Leaving The Home Nest"
Repository:
Media: Manuscript
Title: Helen L. Winters, sworn testimony, 16 Aug 1892, Wallowa County,Oregon
Note: Common Law marriage. Testimony by Helen L. Winters, 16 Aug 1892:"Question: State whether or not you and defendant at that time wereliving on that farm as husband and wife, and if so how long had youbeen so living? Answer: We were about 12 years on the sly - Frenchfashion."
Repository:
Media: Official Document
Title: Orin Jefferds Journal concerning Helen Louisa Fredrick, June1862
Repository:
Media: Other
Title: Circuit Court records, County of Wallowa, State of Oregon
Repository:
Media: Official Document
Title: Eileen M. Phillips
Publication:http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=emphillips&id=I5259
Repository:
Media: Electronic
gedcom by Leslie Mikesell Wood, genigrandma@hotmail.com
posted 4 June 2007. Much information, not verified except as noted.
ID: I0047
Name: William Henry WINTER 1 2 3
Sex: M
ALIA: William Henry /Winters/
Birth: 4 JAN 1831 in Columbus, Bartholomew, Indiana, USA 3
Death: 13 APR 1895 in [near] Ontario, Malheur, Oregon, USA 4 ofSuspected murder.
Occupation: Rancher, raised horses. He was once a Captain of a wagontrain.
Note:
Excerpts about our William Winter from the story by his daughter,Clara Winters Ross:
"I came to Portland Business College, where I took short hand andother business subjects but not bookkeeping. So by a whim was thecourse of a life changed. That is how it happened I was not at homewith the rest of the family when Pa was murdered."
"His horse (some said a mule) thrown over a cliff into the whirlingSnake and his body concealed high on a lonely, rocky mountain."
"The day after he had supposedly been drowned his horse came up in awhirlpool, there, a year later, a skeleton as my father. The coronercould not certify to it on the evidence."
"I wrote to him [an attorney in La Grande] that my father's skeletonnever was taken from the Snake, that it was my brother George whofound it high on the slope of a mountain out from Ontario where somesheepherders had discovered it, dragged and mauled by coyottes, withthe beard turned up over the face. Pa's barlow knife close at hand."
"All was lost to us when my father was so cruelly murdered and a traplaid to put the blame on Frank. According to the record, this year andday of infamy was April 13, 1895."
"Trees and flowers began to appear, and the "new" part of thegraveyard was a blanket of green. But the "old" part, where Tom Burns,Anna's husband and Bob Haines, Alice's husband, and ma were all buriedwas dry and se-e. Kathie's little baby that Lida had attempted toraise, was buried in the old graveyard on the Kemball place and so faras I know was never removed from there. That box of bones, alleged tobe the skeleton of my father but unidentifiable as such, was finalyburied in that older part of the grave yard, I think. Some unknowntragedy ends there for some man - and perhaps for some family."
29 Sep. 1891 Divorce of William Henry Winter & Helen Louisa Frederick:
AFFIDAVIT OF WILLIAM HENRY WINTER. Found in court house records byWayne & Thelma Mikesell Winters in 1988 and transcribed from photocopyof original handwritten record by Leslie Mikesell Wood and DellaMikesell Binder. (Handwriting was very hard to decipher.]
"The Circuit Court for Wallowa County, State of Oregon.
HELEN L. WINTER, PLAINTIFF VS. W.H. WINTER, DEFENDANT
STATE OF OREGON, WALLOWA COUNTY
I W.H. Winter being first duly sworn say, that I am the defendantabove-named, and have a good sufficient, valid existing defense to thecomplaint filed in the above entitled action and each allegationcontained in said complaint, as I am informed by my counsel to whom Ihave made a full and detailed statement of all the facts I am able tomake in all my relations with the plaintiff above named.
That on or about February 1857, I first met the plaintiff in UtahTerritory, and that at that time plaintiff was the wife of one [blankspace] Owen, and possessed of no property, but serving as a domesticdoing general housework in the house of my brother.
That at that time I was the owner and possessed of, as the result ofmy own labor, property of the value of not less than $2000.
That plaintiffs husband, the said [blank space] Owen, was a Mormon inreligion and the community in which he and plaintiff lived, wassettled by people of that religious faith, and any gentile who in anymanner opposed or interfered with Mormon affairs or families was inactual and imminent danger of being mysteriously murdered and hisproperty stolen or confiscated by the church.
That myself and brother and his family were all gentiles and religioussentiment in said community was so violent against all gentile peopleat this time that we were in constant danger and we were compelled tosecretly leave said community and flee across the mountains, intendingto go to the state of California, taking with us our property,consisting principally of livestock.
That plaintiff repeatedly begged me to take her from the rule, controland oppression of her said husband, who cruelly and inhumanlymistreated her to my actual knowledge.
That I took plaintiff, at the risk of my own life and property, and atmy personal expense, as she had no means of her own, and escaped fromsaid Mormon settlement with her, my brother and his family, throughthe mountainous wilds of Utah and what is now Nevada, then inhabitedby only wild animals and hostile tribes of Indians, traveling about1000 miles and finally settling in Carson Valley near the foot and onthe east side of Sierra Nevada Mountains. That the valley at that timewas almost wholly unsettled and not less than 80 miles from thenearest established settlement.
That myself and plaintiff settled in said Carson Valley, where Iobtained land and entered extensively into the stock business for theCalifornia market,. and lived in said valley for 17 years. That duringsaid time I accumulated property to the value of about $10,000.
That during the year 1866, plaintiff left my home sometime in theSpring, and as soon as I found out where she was I provided hersuitable board and lodging at a respectable hotel at Carson City forthe summer, thinking a summers rest might do her good. In the sameyear, while so absent she commenced a suit against me for divorce inOrsby Co. Nevada, and upon the evidence that she was the wife of said,[blank space] 0wen and had never been married to me and had notdivorced him, said suit was dismissed.
That sometime during the fall of the same year 1866, plaintiffreturned to my home and continued to live there until some time in thefall of 1875 when she wanted to visit her people in Utah, and asked totake her children with her. I furnished her the means to travel withand she took all the children. but my son George who followed sometimeabout Christmas the same year. She remained in Utah on this visituntil sometime in the early part of 1877 when she returned toWinnemucca, Nevada, some 75 miles from my place. During all her stayin utah I supported her and the children, who were going to school. IrepeatedIy wrote her while she was away this time, asking her toreturn, but she refused, wanting to live in Utah. When I first met herat Winnemucca on her return, I had not had an answer to any of myletters for many months, and was surprised to meet her. I asked herwhen she wanted to come home. I had taken my son George to that placeto send him away to school and she said she would not come home atall, but wanted her share of the property to take the children toCalifornia to school. I offered to send all the children then oldenough to attend school, but she flatly refused to return to my home,and demanded a share of my property. Finally plaintiff and defendantentered into a written agreement at this time agreeing that plaintiffand defendant would live separate and apart during the remainder oftheir natural lives. And plaintiff therein, in consideration of theconditions of said agreement in writing covenanted to and with me thatshe would not in any manner or under any pretenses whatever sue orprosecute me for any of my property I have had or might after thattime acquire, that plaintiff released me in said agreement from anyliability for her support and agreed to care for, educate and raisewith a parents care all her daughters then with her, being CatherineHelen, Josephine M., Alice and Clara, and I was to educate, raise andcare for all her sons, being George S. and Henry F. That in saidagreement I bound myself to pay plaintiff out of my property the fullsum of $3000 all of which I fully paid to or for plaintiff at orbefore the maturity of said obligation, which said $3000 plaintifftime and time accepted in full of all claims against me or myproperty.
Sometime in the spring of said year she took all her said children andwent to Petaluma, California where I purchased for her a nine acrefarm planted orchard and vineyard for which I paid $150 per acre. Shemoved onto this farm with her children to send them to the graded orhigh schools of Petaluma. I lived all this time in Elko County,Nevada, engaged in the business of ranching and raising stock. I sentmy son George to plow and farm her land at her request and to go toschool. Sometime in 1879, I think, George wrote me that his mother,the plaintiff, had spent all the money, was greatly in debt and hadbeen sent to the asylum as insane. He said his sisters were withouthomes or any place to stay. I sent him word at once to get them caredfor and I would come down and fix things up as soon as possible, andsent him money to come home that he might help me care for the stock,as he had no home where he was. Inside of a month or two I went toCalifornia where plaintiff had lived with her children, settled infull all outstanding debts of plaintiff and her children and broughtthe children all back with me to Nevada, first having obtained theconsent of my wife, Matilda, mentioned in plaintiffs complaint, tobring said children to my home and care for them. As I now remember itcost me about $800 in money to make said trip and settle saidoutstanding debts. While in California at this time I went to theasylum at Napa City, to see the plaintiff who was both sick andinsane, and the authorities would not allow her removal or in anymanner interfered with and I was compelled to return to my homewithout her, and unable to do anything for her.
Sometime in the spring of 1880, I think it was, I again went from myhome in Nevada to the asylum at Napa, California to see plaintiff, andget permission from the physicians to remove her to the home of hermarried daughter at Petaluma thinking the change might help her. Sheseemed to improve and I was again compelled to return to Nevada,leaving her at the home of her daughter, the doctors having orderedthat if she did not improve to have her returned.
In about six months from this time plaintiff sent me word that she wasmuch better, and wanted to come to see and be with her children. Iimmediately sent the money to pay her expenses and she came at once tomy home in said Elko County, Nevada.
That in April 1877, after said separation between me and plaintiff Iwas lawfully and regularly married to one Matilda Stoddard in DavisCounty, Utah Territory, and ever since have been and now am the lawfulhusband of the said Matilda.
That when plaintiff returned to my home after said confinement in theasylum for the insane she seemed much more feeble in mind than everbefore, and was very willful, not wanting my wife to have any controlover plaintiff's children, and my wife, having become attached to thechildren, wished exclusive control of them.
The house was not large enough for us all, and I was extremelyembarrassed by my surroundings. I fully realized that my wife shouldbe mistress of my household, and that plaintiff was the natural motherto the children in controversy, and I wanted to avoid anything thatmight further affect her mind. After carefully considering the matterI sold out my lands and my wife Matilda said if I would buy her a farmin Utah, she would like to return there and live near her children. Iwanted to come to Oregon and she would not come with me. I bought hera farm as she desired and she went to Utah to live where she remaineduntil sometime in the summer of 1888, when she came to Wallowa County,Oregon where she has ever since lived and now lives with me as mywife. That I sent the plaintiff and her children when I sold out inNevada, to Oregon, while I went to Wyoming Territory with a band ofhorses to sell. After selling said band of Horses, I came to Oregon,and sometime in March 1882, I brought plaintiff and her children toWallowa County, Oregon, where plaintiff has continuously resided at myhome in said county, until about July 1888, plaintiff, at her ownrequest, was moved from my house to a house I had built on a quartersection of land adjoining my place, that I had cleared and improved atabout $1000 expense to myself and had deeded to plaintiff.
When my wife wanted to come from Utah to my home in Oregon, I made thefact known to plaintiff and her children, and all of them expressed awillingness to have her come, and at their own insistence were movedonto the farm of plaintiff, a distance of about 300 yards from thehouse I then lived in and still occupy as a home. That I supportedplaintiff and her children at my own expense while they remained onsaid farm of plaintiff and have at all times when permitted so to do,provided for, supported and cared for plaintiff and any of herchildren.
I am possessed of and own certain personal and real property inWallowa County, Oregon of the value of about $11,000, and that l owe,over and above any and all amount due me, between five and sixthousand dollars.
I have about 200 head of cattle, not of a marketable class, and about500 tons of hay which, unless fed by me to steers for the springmarket of 1892 will result in great loss to myself and cause me tolose not less than $4,000, including the loss to me of 140 acres ofgrain. That all of said hay and grain was grown by me with theintention of feeding all the same to beef cattle for the market of1892, and unless allowed to use the same for that purpose, I willsuffer great and irreplaceable loss in both means and credit.
That the restraining order in this suit has so impaired my credit inthe business circles of Wallowa County, Oregon, that I have so farbeen unable to secure money to pay the hired help I was compelled tohave in harvesting my said crop of hay, and grain, and unless saidorder is removed from my property, it will be sacrificed by mycreditors, as I can not then sell it to get the money to pay them, oruse it for a basis for credit.
That Plaintiff owns in her own name and unencumbered the followingdescribed real estate in Wallowa County, state of Oregon to wit: -N.W. 1/4 sec. 6 Tp. 3N., R. 46 E.W.M. and that said track of land inits present state of improvement is worth not less than $800.00 as abasis for business or money credit.
That plaintiff is not obliged to work for her own support, and thatsaid tract of land, properly managed will support plaintiff as wellshe is now supported by her own efforts. That plaintiff left saidtract of land sometime in the spring of 1890, unknown to me, and hasremained absent ever since, and I have simply kept up repairs andcultivation of said land and paid all taxes thereon to keep intact forplaintiff.
That I have at all times used my effort and means at my command toprevent my wife from abusing in any manner the feelings of plaintiffand her children, and that Matilda, my wife, or anyone else, has neverbeen either permitted or allowed by me to, in any manner, abuse,mistreat or insult the feelings of plaintiff and any such conduct onher part was without my knowledge or consent. That I have not now andnever had an unkind feeling for the plaintiff, but always had andalways will render plaintiff and her children any assistance they mayneed that I can.
W. H. Winter
Subscribed and sworn to before me this 29th day of September 1891
D. W. Sheahan
Notary Public for Oregon"
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant. To HelenL. Winter and J. H. Slater & Sons, your attorneys: You and each of youwill please take notice that the defendant W. H. Winter, by hisattorneys, Ivanhoe & Sheahan, will apply to James A. Fee, one of theJudges of the Sixth Judicial Dist. for the State of Oregon, atChambers in the Court House at Pendleton, Umatillia County, Oregon onWednesday, the 21st day of Oct. 1891, at ten o'clock A.M. of said dayfor an order dissolving the injunction heretofore granted herein, thesaid cause to be heard upon the pleadings and affidavits herein.Ivanhoe & Sheahan. Attys for deft.
Father: David WINTER b: 15 JUL 1791 in Wheeling, Ohio, [West] Virginia
Mother: Sarah Elizabeth SPURGEON b: 31 MAR 1803 in Rowan Co., NorthCarolina, USA
Marriage 1 Helen Louisa FREDERICK b: 19 JUN 1839 in Livingston Co.,Michigan, USA
Married: 25 JUL 1857 in Utah Territory 5
Marriage fact: 16 SEP 1892 in Circuit Court, Wallowa Co., Oregon
Event: Alternate marriage date JUN 1858 in Date that was in OrinJefferds journal. 6
Event: Alternate marriage date 18 JUL 1857 in Although William Winterstated in Divorce court that he & Helen were never married, Helentestified that they made a contract between them on 25 July 1857 inUtah Territory. 7
Marriage Beginning Status: Other
Marriage Ending Status: Divorce
Note:
The census below was transcribed in 1988 by Leslie Mikesell Wood frommicrofilmed census. On this same page (156), at top, was Jacob N.Winter & family.
Now on the web at this address:http://www.rootsweb.com/~utgenweb/Census/1860US/frame.html
and on ancestry.com [image #2]
1860 U.S. Census, Utah Territory, Carson Co., Jacks Valley, page 156,Lines 10-15, dwelling #1874 family #1874
Wm. H. Winter; age 30; male; occupation: Stock raiser; born Indiana.
Eliza age 20; female; born Michigan.
Anne Jane age 2; female; born Utah.
M. Snider; age 30; male; born Indiana.
Elias Williams; age 21; male.
Susan Maria; age 25; female; servant; "Piute" Indian, can't read orwrite.
[William's Aunt Jane Spurgeon married Daniel Snider. Perhaps M. Snideris a cousin or other relative. Census image is on this couple'sscrapbook in this Family Tree Maker file.]]
ancestry.com [Images #5 & 6] [Transcribed by Leslie Mikesell Wood]
1970 U.S. Census, Nevada, Douglas County, Post Office: Genoa, Page #5,18 June 1870, Lines 39-40 Dwelling #34, Family #18
Winter, W. H.; age 35; male; white; Farmer; property value: $5000;personal value: $6000; born Ind. [Indiana]; male citizen of age 21 orover.
Winter, E.; age 29; female; white; keeping Hus [house]; born Michigan.
continued on image #6, page #6, Lines 1-8:
Winter, E.G.; age 12; female; white; born Nev. [Nevada]; attendedschool.
Winter, K.; age 8;female; white; born Nev. [Nevada]; attended school.
Winter, Geo.; age 6; male; white; born Nev. [Nevada]; attended school.
Winter, E.; age 4; female; white; born Nev. [Nevada]; attended school.
Winter, J.; age 2; female; white; born Nev. [Nevada].
Winter, [blank]; age 4/12; male; white; born Nev. [Nevada]; born Feb.
Shore, T.; age 55; male; white; Black Smith; born England; parents offoreign birth;
Burges[?], G. W.; age 30; male; white; School Teacher; born Me [?][Maine?]; male citizen of age 21 or over.
[On line 23 is William's brother Jesse Logan Winter with his wife &daughter. Images of these census pages are in this couple's marriagescrapbook in this Family Tree Maker file.]
30 Jan 1877, Humboldt County, Nevada: Separation of William HenryWinters & Helen Louisa Frederick:
Information below is from Annie Conley and is on the followingRootsweb gedcom:
http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=gkwinner&id=I765
Winner Family Descendents- Descendents of George King Winner Contact:Kerry Petersen
"This Indenture made the 30th day of January A.D. 1877 between W. H.Winters, party of the first part and Helen L. Winters, his wife, theparty of the second part, both of Elko County, State of Nevadawitnesseth: Whereas unhappy differences have arisen and do now existbetween said parties, and by reason of the same they have agreed anddo now agree, to live separate and apart from each other during theirnatural lives. Now therefore, the said party of the first part inconsideration of the premises and in pursuance thereof does herebycovenant to and with the said Helen L. Winters, party of the secondpart, his wife that notwithstanding the marriage existing betweenthem, it shall and may be lawful to and for said Helen L. Winters atall times hereafter to live separate and apart from him, the said Wm.H. Winters, and the said W. H. Winters shall not, nor will he compelher to cohabit or live with him and that the said Helen L. Wintersshall be to all intents and purposes freed from the power, will orcontrol of the said W. H. Winters, and that he shall not, nor willnot, at any time hereafter under any pretense whatever sue orprosecute and person that may receive, harbor or protect her. That hewill not claim any of her property, money, clothes or jewelry, thatshe now has or may hereafter so acquire, and the said Helen L. Wintersdoes hereby promise covenant and agree to and with the said W. H.Winters in the same manner and to the same extant that she socovenants with the said first party that she refrains from any and allacts towards him, that he has covenanted above to refrain from asagainst her.
And it is further covenanted and agreed to and between the saidparties that the said first party shall and does, from the datehereof, release and discharge said second party from all obligationsto keep and support George S. Winters aged 15 years and Henry F.Winters aged six years (both of them issue of the marriage of saidparties) but covenants and agrees to raise and educate said childrenwith a parent's care, and the said Helen L. Winters covenants andagrees to and with said W. H. Winters to release and discharge fromall expenses and responsibility with the raising and schooling of thefollowing children the issue of said marriage; Catherine Helen aged 10years, Eliza G. aged eleven years, Josephine M. aged 8 years, Aliceaged two years and Clara their infant daughter. And that she willraise and school all of said last named children at her own expenseand charge, and look to their raising and comfort with a parents care.
And the said second party further covenants and agrees to and withsaid first party, that she will from the date hereof release saidfirst party from all obligation to keep or support her, and will notcontract any debt or bill against said first party. And inconsideration of the premises the said first party agrees to and withthe said second party that upon the signing and executing of thisindenture of agreement and contracts, that he will execute to the saidsecond party his promissory notes as follows: One note for OneThousand Dollars due and payable on the first day of May 1877. Onenote for One Thousand Dollars due and payable on the first day of May1878 and one note for One Thousand Dollars due and payable on thefirst day of May 1879 and that all of said notes shall be payable inUnited States Coin, and the said first party agrees to accept saidnotes in full satisfaction of all her right title and interest in andto all the common and community property now owned by the said partiesconsisting of both real and personal property. Wm. H. Winters. HelenL. Winters. State of Nevada. County of Humboldt.
On this thirtieth (30th) day of January A.D. One thousand eighthundred and seventy seven personally appeared before me, Chas. A.LaGrave, County Recorder in and for the said Humboldt County, Wm. H.Winters and Helen Winters, his wife, whose names are subscribed to theannexed instrument as parties thereto, personally known to me to bethe same persons described in and who executed the said annexedinstrument as parties thereto. Who each of them acknowledged to methat they, each of them respectively, executed the same freely andvoluntarily and for the uses and purposes therein mentioned, and thesaid Helen L. Winters, wife of the said Wm. H. Winters, having been byme first made acquainted with the contents of said instrumentacknowledged to me, on examination apart from and without the hearingof her husband, that she executed the same freely and voluntarilywithout fear or compulsion or undue influence of her husband and thatshe does not wish to retract the execution of the same. In witnesswhereof I have hereunto set my hand and affixed my official seal theday and year in this certificate first above written. Chas. A.LaGrave, County Recorder. Recorded at request of Wm. H. WintersTuesday January 30th A.D. 1877 @ 30 minutes past 1 P.M. Chas. A.LaGrave, County Recorder, by Geo. F. Fell, Dep. No. 195."
[5 June 1880 William Winters is on the census in Good Hope, Elko Co.,Nevada with wife Matilda, his children [all but Annie], & Matilda'stwo children. See their marriage notes.]
5 Sep 1891 Wallowa County, Oregon.
JUDGMENT ROLL. In the Circuit Court, September Term, 1892. JudgmentRenderer. 9-14-1892. Helen L. Winter, Plaintiff vs W. H. Winter,Defendant. Judgment for Plaintiff. Filed Sept. 17, 1892. L. J. Rouse,Clerk. In the Circuit Court of the State of Oregon for the County ofWallowa. Helen L. Winters, Plaintiff vs W. H. Winters, Defendant.Complaint in Equity. Plaintiff for cause of suit against the abovenamed defendant complains and alleges; That plaintiff is now and formore that one year last past has been a resident of the State ofOregon, and that defendant is now a resident of Wallowa County Oregon.That plaintiff and defendant were intermarried on or about the 18thday of July A.D. 1857 in the Territory of Utah and that they eversince have been and still are husband and wife. That there have beenborn the issue of said marriage twelve children, five of whom are nowdead and four of full age and providing for themselves. That one son,Frank Winters aged twenty years, and two daughters, Alice Winters agedseventeen years, and Clara Winters aged fifteen years, live in WallowaCounty Oregon. That on or about the first day of July A.D. 1888, thedefendant commenced against plaintiff a course of cruel and inhumantreatment and personal indignities rendering her life burdensome, bythen and there introducing into his family and house in Wallowa CountyOregon, one Matilda Stoddard or Matilda Duncan, as she was sometimescalled, and by then and there installing and placing said MatildaStoddard in charge of defendant's said home and household as mistressand making and compelling plaintiff to become subservient to her. Thatat said time defendant moved plaintiff out of the house and hometheretofore occupied by plaintiff and defendant and their children andplaced therein the said Matilda Stoddard as his mistress in the placeand stead of plaintiff, and that defendant has continued to and doesnow keep the said Matilda Stoddard in his said house and home as hismistress and is now living with her as such. That defendant has by hissaid acts excluded plaintiff from her place in the family of defendantand compelled plaintiff to live apart and separate from him and toseek another home and place in which to live and provide for herself.That defendant was not in any way morally or legally bound or obligedto support the said Matilda Stoddard, but wrongfully, and unlawfully,and without cause or provocation placed her in his said house andfamily over plaintiff, and to gratify his own desires. That whileplaintiff lived near defendant on her own premises, to which he hadcompelled her to move, defendant allowed and permitted said MatildaStoddard to ill treat and abuse plaintiff by then and there applyingto plaintiff and her children vile and degrading language and epithetsby calling plaintiff a whore and an illegal wife of defendant and herchildren by him illegitimate. That the said Matilda Stoddard boastsand threatens that she will turn plaintiff and her children out of thepremises of defendant and prevent her or them from receiving anybenefit or use of the property of defendant. That defendant persistedin so keeping said Matilda Stoddard in his said house and home againstthe protests of plaintiff and without her consent. That by so doing heexcluded plaintiff from her place in his household as his lawful wifeand from the society of her children to the degradation of herself andchildren. That ever since the said first day of July 1888, defendanthas and now does support and provide for the said Matilda Stoddard ashis mistress to the exclusion of plaintiff; that plaintiff could notlive in the same house with said Matilda Stoddard and defendantcompelled plaintiff to move from their said home in order to give thesaid Matilda Stoddard a place in his house, and that by the said actsof defendant he has compelled plaintiff to live separate and apartfrom him to the shame and scandal of plaintiff and her children. Thatby the said cruel and inhuman treatment of plaintiff by defendant andthe said personal indignities placed upon her by defendant,plaintiff's life was and has been rendered burdensome to her. That thedefendant is not a proper person to care for and educate the twochildren of plaintiff and defendant, Alice Winters and Clara Winters,and that plaintiff can and is willing to support and care for them.That plaintiff was by the said treatment of her by the defendantcompelled to and she does now by her own labor support herself, andthat defendant does not in any way contribute thereto. That she had noproperty or means except one piece of land in Wallowa County, Oregonnow in the possession of defendant and from which plaintiff receivesno income, and that in order for her to prosecute her suit for adissolution of the marriage contract of plaintiff and defendant asherein demanded it is necessary that defendant pay into Court for theuse of plaintiff a reasonable sum for that purpose and to supportplaintiff during the pendency of this suit. And plaintiff alleges thatthe sum of $500.00 for attorney fees, $250.00 for Court expenses andtaking testimony and the sum of $50.00 per month for the support ofplaintiff during the pendency of this suit, are reasonable sums forthose purposes. And plaintiff alleges that she has at all times beento defendant a true and faithful wife and that the said acts ofdefendant in his said treatment of her were done without cause orprovocation on the part of, or from plaintiff. That defendant is theowner and in possession of in Wallowa County, Oregon, the followingdescried lands and personal property, which property was the resultand accumulation of plaintiff's and defendant's joint work duringtheir married life, to wit: All of Section One (1) Township Three (3)South of Range Forty-five (45) East of Willamette Meridian, also theSouth East Quarter of Section Twenty-seven (27); East Half of NorthWest Quarter and South West Quarter of North West Quarter of SectionThirty-four (34) Township Three (3) North of Range Forty-seven (47)East of Willamette Meridian and the South West Quarter of North WestQuarter and West Half of South West Quarter of Section Twenty (20)North West Quarter of North West Quarter of Section Twenty-nine (29)Township One (1) South of Range Forty-six (46) East WillametteMeridian of the aggregate value of about Ten Thousand Dollars. Alsohorses and cattle of the value of about $5,000.00. That it isnecessary, in order to protect the rights of plaintiff, that an orderbe made by this Court restraining defendant from in any mannertransferring or incumbering any of his said property until the finalorders of this court. And plaintiff alleges that she is entitled tothe one half of all the said property of defendant as her portion. Andplaintiff further alleges; That on or about the first day of AprilA.D. 1890, defendant willfully deserted plaintiff in Wallowa County,Oregon, by then and there, taking into his house one Matilda Stoddard,as his mistress and compelling plaintiff to move out of their saidhome theretofore occupied by plaintiff and defendant and therebyexcluding plaintiff from her place as his lawful wife and compellingher to seek other and different places of abode separate and apartfrom defendant. That by the said conduct of defendant plaintiff hasbeen compelled to and does now support herself without any aid orassistance from defendant. That ever since the said first day of AprilA.D. 1890, defendant has and still does wrongfully and unlawfully keepand support the said Matilda Stoddard as his mistress in his home anddwelling house in Wallow County, Oregon. That the said desertion ofplaintiff by defendant was and is without provocation on part ofplaintiff and has continued to the present time. And plaintiff furtheralleges; that on or about the 10th day of Oct. A.D. 1890, defendantcommitted adultery with one Matilda Stoddard, otherwise known asMatilda Duncan, by then and there having sexual intercourse with saidMatilda Stoddard in Wallowa County, Oregon at the residence anddwelling of defendant the more specific time of which is to thisplaintiff unknown. That the said adultery was committed by defendantwithout cause or provocation on the part of plaintiff. That theplaintiff is entitled to a decree of this Court forever dissolving thebonds of Matrimony now existing between plaintiff and defendant, andthat she is the owner of and entitled to the one half of all propertyof defendant. Wherefore plaintiff prays this Court:
First; For and order of this Court restraining the defendant from inany manner transferring and incumbering any of his property, real orpersonal, until the final determination of this suit.
Second; That the defendant be ordered to pay into Court for plaintiffthe sum of $500.00 for attorney fees and the sum of $250.00 for payingexpenses and of taking testimony, and the further sum of $50.00 permonth for the support of plaintiff.
Third; That upon the final hearing of this suit plaintiff have adecree forever dissolving the bonds of Matrimony now existing betweenplaintiff and defendant.
Fourth; That plaintiff be awarded the care and custody of AliceWinters and Clara Winters daughters of plaintiff and defendant.
Fifth; That plaintiff be decreed to be the owner of the one half ofall the property now owned by plaintiff, to wit: All of Section One(1) Township Three (3) South of Range Forty-five (45) East ofWillamette Meridian, also the South East Quarter of SectionTwenty-seven (27); East Half of North West Quarter and South WestQuarter of North West Quarter of Section Thirty-four (34) TownshipThree (3) North of Range Forty-seven (47) East of Willamette Meridianand the South West Quarter of North West Quarter and West Half ofSouth West Quarter of Section Twenty (20) North West Quarter of NorthWest Quarter of Section Twenty-nine (29) Township One (1) South ofRange Forty-six (46) East Willamette Meridian of the aggregate valueof about $15,000.00 and horses and cattle to the value of about$5,000.00 besides other personal property including farming implementsand household effects, and that defendant be decreed to deliver overto plaintiff the one half of said personal property or pay her thevalue thereof.
Sixth; That plaintiff have and recover of defendant her costs anddisbursements of this suit.
Seventh; That plaintiff have such other and further relief as theCourt may seem just in the premises.
J. H. Slater & Son, Attorneys for Plaintiff. State of Oregon, Countyof Union. I, Helen L. Winters, being duly sworn say that I am theplaintiff in the above entitled suit and believe the foregoingcomplaint to be true. Hellen L Winters. Subscribed and sworn to beforeme this 5th day of September A.D. 1891. W. T. Slater. Notary Public in& for Oregon.
11 Sep 1891, Wallowa County, Oregon
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant.Restraining Order. Whereas, the plaintiff in the above entitled suithas asked a decree of said Court dissolving the bonds of matrimony nowexisting between plaintiff and defendant and that plaintiff be decreedto be the owner of one half of all the property of said defendant,and; Whereas the plaintiff has asked an order of this Court directedto said defendant restraining and forbidding defendant from in anymanner transferring his property, real and personal or encumbering thesame until the termination of this suit, and to pay into Court forplaintiff the sum of $500.00 for her attorney's fees and the sum of$250.00 to pay Court expenses and for taking testimony, and the sum of$50.00 per month for the support of plaintiff. Now therefore basedupon the facts alleged and set forth in the complaint of plaintifffiled in said cause, it is hereby ordered that the said defendant beand he is hereby restrained and prohibited from in any mannertransferring or incumbering any property, real or personal, belongingto him until the final termination of this suit, and it is furtherordered that defendant within 30 days after service of this order uponhim pay into Court for the plaintiff the sum of $200.00 for attorneyfees and the sum of $150.00 for Court expenses and expenses of takingtestimony and the further sum of $50.00 per month until thetermination of this suit for the support of plaintiff, or before theexpiration of said time show cause why he should not comply with saidorder. It is further ordered that this order be served upon defendantby delivering to defendant a copy thereof certified to by the Sheriffof Wallowa County, Oregon. Dated at Chambers this 7th day of SeptemberA.D. 1891. James A. Fee. Circuit Judge.
State of Oregon, County of Wallowa. I hereby certify that I served theforegoing restraining order of the Court within Wallowa County, Oregonthis the 11th day of September 1891 on the within named defendant W.H. Winters by delivering to him in person a true copy of said orderprepared and certified to by me as Sheriff of said County. ThomasHumphreys, Sheriff.
11 Sep 1891, Wallowa County, Oregon
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff vs William H. Winters, Defendant. Summons:To W. H. Winters, the above named defendant; IN THE NAME OF THE STATEOF OREGON; You are hereby notified to be and appear in the aboveentitled Court and answer the complaint therein filed against you inthe above entitled cause within ten days from the service of thissummons upon you, if served in Wallowa County, Oregon, but if servedwithin any other County of the State of Oregon then within twenty daysfrom the service of this summons upon you. And defendant will takenotice that if he fail so to appear and answer, the plaintiff will forwant thereof apply to the Court for the relief demanded in thecomplaint. J. H. Slater & Son. Atty. for plaintiff.
State of Oregon, County of Wallowa. I hereby certify that I served thewithin summons within said County this 11th day of September 1891 onthe within named defendant, W. H. Winters, by delivering a true copythereof prepared and certified to by me as Sheriff together with acopy of the complaint prepared and certified to by L. J. Rouse, Clerkof said County, to the said W. H. Winters in person. Thomas Humphreys,Sheriff of Wallowa County, Oregon.
State of Oregon, County of Wallowa. Service of summons and copy ofcomplaint accepted this 14th day if Sept. 1891 in Wallowa Co., Oregon.Chas. F. Hyde, Dist. Atty.
14 Sep 1891, Wallowa County, Oregon
BE IT REMEMBERED, That at a Regular Term of the Circuit Court of theState of Oregon, for the County of Wallowa, began and held at theCourt House in Enterprise, in said County and State, on Monday, the14th day of September, A.D. 1891, the same being the second Monday insaid month, and the time fixed by law for holding a regular term ofsaid Court, when were present: The Hon. James A. Fee, Judge,Presiding, Charles F. Hyde, Dist. Attorney, L. J. Rouse, Clerk, ThomasHumphreys, Sheriff. When, on Wednesday the 16th day of September A.D.1891, or the third Judicial day of said Term, among others, thefollowing proceedings were had, to wit: Helen L. Winter vs William H.Winter. Now at this time this cause being called and J. D. Slaterappearing for plaintiff and it appearing that the time for answeringhas not expired this cause is continued for the Term. Jas. A. Fee.
In the Circuit Court of the State of Oregon for the County of Wallowa.Helen L. Winters, Plaintiff, vs William H. Winters, Defendant. Comesnow the above named defendant and demurs to the first alleged cause ofsuit in plaintiff's complaint on the following ground towit;
1st: That said alleged cause of suit does not state facts sufficientto constitute a cause of suit. Defendant demurs to the second allegedcause of suit in said complaint on the following grounds, towit;
1st: That said second alleged cause of suit does not state factssufficient to constitute a cause of suit.
Defendant demurs to the third alleged cause of suit in said complainton the following grounds, towit;
1st: That said third alleged cause of suit does not state factssufficient to constitute a cause of suit.
Defendant further demurs to the whole of said complaint on thefollowing grounds, towit;
1st: That said complaint does not state facts sufficient to constituteany cause of suit.
2nd: That several causes of suit have been improperly united.
3rd: That the suit has not been commenced within the time limited bythe code of Civil Procedure.
Ivanhoe & Sheahan and R. Eakin. Attorneys for Defendant.
16 Sep 1892, Wallowa County, Oregon
BE IT REMEMBERED. That at a Regular Term of the Circuit Court of theState of Oregon, for the County of Wallowa, began and held at theCourt House in Enterprise, in said County and State, on Monday, the12nd day of September, A.D. 1892, the same being the second Monday insaid month, and the time fixed by law for holding a regular term ofsaid Court, when were present: The Hon. James A. Fee, Judge,Presiding, J. M. Cawall, Acting Dist. Attorney, L. J. Rouse, Clerk,Thomas Humphreys, Sheriff. When, on Wednesday the 12th day ofSeptember A.D. 1892, or the Third Judicial day of said Term, amongothers, the following proceedings were had, to wit: Helen L. Winter vsWilliam H. Winter. This cause coming on to be heard upon the motion ofplaintiff for a decree upon the findings of fact and conclusions ofLaw found by the Court, plaintiff appearing by J. H. Slater attorneyand defendant appearing by Ivanhoe & Sheahan attorneys and therehaving been filed no objections to the said findings of fact andconclusions plaintiff in accordance therewith, it is thereforeordered, adjudged and decreed that the bonds of matrimony now existingbetween plaintiff and defendant be and the same are hereby foreverdissolved and held for naught. And it further appearing to the Courtthat plaintiff and defendant have stipulated as to a division ofproperty, it is therefore ordered, adjudged and decreed that inaccordance with said stipulations the plaintiff is the owner of thefollowing described lands in Wallowa County, Oregon, to wit: SouthEast Quarter of South West Quarter of Section Twenty Seven (27) andEast Half of North West Quarter and South West Quarter of North WestQuarter of Section Thirty Four (34) all in Township Three North RangeForty Seven (47) East of Willamette Meridian also South West Quarterof North West Quarter and West Half of South West Quarter of SectionTwenty (20) and North West Quarter of North West Quarter of SectionTwenty Nine (29) Township One South Range Forty Six (46) EastWillamette Meridian. And that defendant shall convey to plaintiffwithin 30 days a good title in fee to the same by good and sufficientdeed of conveyance, and that in default of such conveyance bydefendant this decree shall stand as such. That defendant shall pay toplaintiff the sum of $525.00 suit money allowed by the Court, one halfto be paid in six months from date of entry of this decree and onehalf thereof to be paid in one year from date of entry of decree, saidsum of $525.00 to bear interest from date at ten per cent per annumuntil paid. That defendant pay upon the entry of this decree the costsand disbursements of this suit together with the sum of $180.00attorney fees heretofore ordered paid by the Court. That the transferby the defendant to the plaintiff of the property herein beforedescribed, as herein provided, shall be in full satisfaction, and inlieu, of all of plaintiff's interest in and to the property ofdefendant. That upon the payment to plaintiff by defendant of the sumof $525.00 as herein provided the plaintiff shall convey to defendantby good and sufficient conveyance the following described lands, towit: South West Quarter of Section Six (6) Township Three South RangeForty Six (46) East Willamette Meridian in Wallow County, Oregon. Andthat in default of such conveyance this decree shall stand in lieuthereof. That plaintiff have execution to enforce the provisions ofthis decree. James A. Fee. Circuit Judge. State of Oregon, County ofWallowa. I, L. J. Rouse, Clerk of the Circuit Court of the State ofOregon, for the County of Wallowa do hereby certify that the foregoingorder of the Court has been by me compared with the original ordermade in the above entitled suit now remaining Record in my office;that it is a correct transcript therefrom, and the whole of suchoriginal. In witness whereof, I have hereunto set my hand and the sealof the said Court, this 16th day of September A.D. 1892. L. J. Rouse,Clerk.
Helen Frederick Winter in 1900:
ancestry.com [image #2] [transcribed by Leslie Mikesell Wood]
1900 U.S. Census, Oregon, Union County, North Powder Precinct,Supervisor's District: 2nd, Enumeration District #118, Sheet #1, 2June 1900, Lines 53-56, Dwelling #16, Family #16
Burns, Thomas; head; white; male; born Apr 1858; age 42; married1year; born Michigan; parents born Ireland; occupation: teamster;months not employed: 6; can read/write & speak English; ownsmortgage-free house.
Burns, Anna W.; wife; white; female; born Mar 1858; age 42; married 1year; 2 children born; 2 children living; born Nevada; father bornIndiana; mother born Michigan; occupation: teacher; attended school 6months; can read/write & speak English.
Lang, Anna L.; step-d; white; female; born May 1890; age 10; single;born Oregon; father born Ohio; mother born Nevada; attebded school 6months; can read/write & speak English.
Winter, Hellen L.; step-mother; white; female; born June 1839; age 60;widow; 12 children born; 7 children living; born Michigan; parentsborn un. [unknown]; can read/write & speak English; owns mortgage-freehouse.
[Living with Tomas Burns is his wife Anna & Anna's daughter, Anna, &her mother Helen Winter. Census image is in William & Helen's marriagescrapbook in this Family Tree Maker file.]
Children
Anna "Annie" Jane WINTERS b: 30 MAR 1859 in Jack's Valley, Douglas,Nevada.
Zerena Elizabeth WINTERS b: 30 AUG 1859 in Jacks Valley, Douglas,Nevada, USA
Catherine "Katie" Helen WINTERS b: 25 AUG 1861 in Jacks Valley,Douglas, Nevada, USA
Sarah "Sally" Belle WINTERS b: 2 DEC 1862 in Jacks Valley, Douglas,Nevada, USA
George Snyder WINTERS b: 17 SEP 1863 in Jacks Valley, Douglas, Nevada,USA
Eliza "Lida" Grant WINTERS b: 25 AUG 1865 in Jack's Valley, Douglas,Nevada.
James William WINTERS b: 30 MAY 1867 in Jacks Valley, Douglas, Nevada,USA
Josephine "Josie" Meralde WINTERS b: 8 JUN 1868 in Jack's Valley,Douglas, Nevada.
Henry "Frank" Franklin WINTERS b: 2 MAR 1870 in Jacks Valley, Douglas,Nevada, USA
Philip Meredith WINTERS b: 11 MAR 1872 in Jacks Valley, Douglas,Nevada, USA
Alice Estelle WINTERS b: 14 FEB 1874 in Jack's Valley, Douglas,Nevada.
Clara Louise WINTERS b: 9 MAY 1876 in Union, Salt Lake, Utah
Marriage 2 Matilda "Tilda" Ann DUNCAN b: 25 APR 1836 in Belleville,St. Clair, Illinois, USA
Married: 9 APR 1877 in Bountiful, Davis, Utah, USA 8
Marriage Ending Status: Divorce
Note:
Certificate of Marriage. Territory of Utah, County of Davis.
Know All Men By These Presents. That the undersigned, a Justice of thePeace within and for the County of Davis, Town of Bountiful, Territoryaforesaid, did on the ninth day of April in the Year of Our Lord OneThousand Eight Hundred and Seventy Seven, Join in Lawful Wedlock.William H. Winter and Matilda Anna Duncan with their mutual consent inpresence of:
John Johnson. Jane Fisher.
Witnesses. Thomas F. Fisher. Justice of the Peace.
1880 U.S. Census transcription, familysearch.org:
Census Place Good Hope, Elko, Nevada
Family History Library Film 1254758
NA Film Number T9-0758
Page Number 64D
Name Relation Marital Status Gender Race Age Birthplace OccupationFather's Birthplace Mother's Birthplace
Wm. WINTERS Self M Male W 48 IL Ranchman VA IN
Matilda WINTERS Wife M Female W 40 MO Keeping House MO MO
Lida WINTERS Dau S Female W 16 UT Keeping Hou
Josie F. WINTERS Dau S Female W 11 NV MO MO
Frank WINTERS Son S Male W 9 NV IL MO
Alice WINTERS Dau S Female W 7 NV IL MO
Clara WINTERS Dau S Female W 5 NV IL MO
George WINTERS Son S Male W 16 NV Herder IL MO
James STODDARD SSon S Male W 18 UT Ranchman NY MO
Susie STODDARD SDau S Female W 17 UT Keeping House NY MO
[The first 6 were children of William & Helen Louisa Frederick. Nexthousehold is William & Helen's daughter Catherine (Kate) & husbandEdward Holmes. The last two children were Matilda's.]
ancestry.com [transcribed by Leslie Mikesell Wood]
1880 U.S. Census, Nevada, Elko Co., Good Hope Twp., District 5, Page#8D, 5 June 1880, Lines 16-25,
Dwelling #6, Family #6:
Winters, Wm; white; male; age 48; married; occupation: Ranchman; bornIllinois; father born Virginia; mother born Indiana.
Winters, Matilda; white; female; age 40; wife; married; keeping house;born Missouri; father born Missouri; mother born Mo..
Winters, Lida; white; female; age 16; daughter; single; keeping house;born Utah; father born: Mo [? on all the Winters children it looksmore like "Mo" than "Ill" but we know it should be Illinois & we knowtheir mother, Helen, was born in Michigan, but on this census it lookslike Mo, the census taker must have thought Matida was their mother];mother born Mo.
Winters, Josie F.; white; female; age 11; daughter; single; bornNevada; father born Mo [?]; mother born Mo.
Winters, Frank; white; male; age 9; son; can not read or write [markshave slash across them]; born Nevada; father born Ill; mother born Mo.
Winters, Alice; white; female; age 7; daughter; can not read or write[marks have slash across them]; born Nevada; father born Ill.; motherborn Mo;
Winters; Clara; white; female; age 5; daughter; born Nevada; fatherborn Ill; mother born Mo.
Winters; George; white; male; age 16; son; single; occupation: Herder;can not read or write; born Nevada; father born Ill; mother born Mo.
Dwelling #6, Family #7:
Stoddard, James; white; male; age 18; S son; single; Ranchman; bornUtah; father born N.Y.; mother born Mo.
Stoddard, Susie; white; female; age 17; S daughter; single; keepinghouse; born Utah, father born N.Y.; mother born Mo.
[Census page image is in this couple's marriage scrapbook in thisFamily Tree Maker file.]
Sources:
Title: Thelma Mikesell Winters & Wayne Winters
Note: Wayne is a son of Frank Albert Winters & Hazel Ruby PageWinters.
Repository:
Media: Interview
Title: Clara Louise Winters Ross
Repository:
Media: Manuscript
Title: Paul B. Scott, family group sheet
Repository:
Media: Other
Text: Sources for FGS: Bertha Booth Scott; Elizabeth Winter Grant;1870 Census Douglas Co., NV; Nancy Lubeck; Lestie Jean Halsey 1983;Michael Lubeck; Death Cert. Lida Winter Campbell; Murray Idaho Cemrec.; 1900 NV Census; Jane Ann Fuller letter 10/28/1890; MarriageCert. for James M. & Jane Ann Winter Fuller; Anc. File, Salt LakeCily, F.H.L.
Title: Clara Winters Ross
Publication: "Clara II. Leaving The Home Nest"
Repository:
Media: Manuscript
Title: Helen L. Winters, sworn testimony, 16 Aug 1892, Wallowa County,Oregon
Note: Common Law marriage. Testimony by Helen L. Winters, 16 Aug 1892:"Question: State whether or not you and defendant at that time wereliving on that farm as husband and wife, and if so how long had youbeen so living? Answer: We were about 12 years on the sly - Frenchfashion."
Repository:
Media: Official Document
Title: Orin Jefferds Journal concerning Helen Louisa Fredrick, June1862
Repository:
Media: Other
Title: Circuit Court records, County of Wallowa, State of Oregon
Repository:
Media: Official Document
Title: Eileen M. Phillips
Publication:http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=emphillips&id=I5259
Repository:
Media: Electronic
Events
| Birth | Abt 1832 | IL or IN | |||
| Marriage | 9 Apr 1877 | Bountiful, Davis Co., UT - Matilda Ann DUNCAN | |||
| Census | 1 Jun 1880 | Good Hope Twp., Elko Co., NV, ED 5 pg 8D; Wm Winters, head, 48 (1831-32), born IL father born VA mother born IN, ranchman. With wife, 6 children and 2 step-children. | |||
| Death | 13 Apr 1895 | Malheur Co., OR | |||
| Reference No | 6404 |
Families
| Spouse | Matilda Ann DUNCAN (1836 - 1932) |