Superior Court, Los Angeles County, California
No. 33158
Divorce
Filed: July 10th, 1889
COMPLAINT
A.E. Whitney, plaintiff
VS
J.H. Whitney, defendant
Plaintiff complains and alleges:
I.
That plaintiff and defendant intermarried at the City of Canton, in the State of Ohio, on the 6th day of February, 1875, and ever since have been and now are husband and wife.
II.
That plaintiff is and has been a resident of the County of Los Angeles for a period of more than six months last past, to-wit 24 years. That plaintiff is and has been a resident of the State of California for a period of more than one year last, to-wit 24 years.
III.
That since the said marriage, the defendant has treated the plaintiff in a cruel and inhuman manner, and in particular as follows:
That on or about the 17th day of February, 1898, at the residence of plaintiff, in the Town of Newhall, in the County of Los Angeles, State of California, defendant became angered at plaintiff and seized plaintiff by the shoulder, and in a violent manner forced her backwards, and attempted to choke her, at the same time used violent and profane language to plaintiff calling her a "damned bitch" and said in the presence of Dr. E. Woods Banghmon [?-hard to read name] "that he would kill the damned bitch and do away with her."
That on or about the 10th day of February, 1899, at the residence of plaintiff in the Town of Newhall, County of Los Angeles, plaintiff was cooking and doing her general duly house work, and a man by the name of J.E. Davis, who was employed as a laborer on the farm, was eating his breakfast in the dinning room, when defendant came in and looked at plaintiff, and with clenched fist walked to where plaintiff was standing and said to plaintiff in the presence of said Davis, "Damn you, if you are going to keep a Pimp, you had better keep one away from here."
That on or about the 15th day of March, 1899, at the residence of plaintiff in the Town of Newhall, in the County of Los Angeles, defendant stated to plaintiff that he wanted her to deed to him her property situated near Newhall to which plaintiff refused, when defendant said to plaintiff, "You get your things on and go with me to a Notary Public, and sign that deed or you Goddamned bitch if you do not, I will kill you."
That on or about the 23rd day of April 1899, at the residence of aforesaid defendant accused plaintiff of being an unchaste woman and used violent and abusive language to plaintiff in the presence of others and said to plaintiff "You damned bitch, I will settle your hash before I am done with you."
That during all of said time mentioned in this complaint plaintiff has lived in constant dread of being killed by defendant.
That on the 7th day of July, 1899, the defendant followed plaintiff on Spring Street in Los Angeles City to the corner of 4th street and Broadway and when plaintiff and defendant reached the Chamber of Commerce building on Broadway defendant walked up to plaintiff and said "I am after you and on your track, and if I see you with a man in this city, I am going to shoot you on the spot."
In addition to the acts alleged as aforesaid of defendant, defendant has habitually, during all the time that they lived in the same dwelling house, observed towards this plaintiff a disrespectful and insulting demeanor, and applied to her, in his common conversation with her, opprobrious [outrageously disgraceful or shameful] and insulting epithets as well in the presence of other persons as at other times; and that the said conduct of the said defendant caused so much mental disturbance and suffering to this plaintiff during all of the said time as to undermine and impair her physical health and to cause her to frequent and alarming and dangerous illnesses.
That during all of the said times this plaintiff demeaned herself towards the defendant in a kind and wifely manner and did nothing to justify the said defendant in any of his improper conduct as aforesaid.
Wherefore, plaintiff prays that the bonds of matrimony between plaintiff and defendant be dissolved and for such other relief as to the court may seem equitable.
Sheridan A. Carlisle & F.W. Allender
Attorneys for plaintiff
J.H. Whitney was served with a summons to appear in court (and a copy of the complaint) on July 12th, 1899.
The case was heard in court on August 9, 1899. Since J.H. Whitney did not answer the complaint nor did he appear in court, the divorce was granted to A.E. Whitney by default. The case was recorded in the Judgement Book 87, Page 9, on August 10.
Los Angeles Times, August 10, 1899.