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Guiding Questions
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Why did 16 year old Nellie
Kinsman secretly marry Frank Lang in St Joseph Co Michigan, get pregnant with his
baby, and move to Hastings, Minnesota? Why did she
seek a divorce so soon afterward? What do we learn
about Nellie's life, and her girls' lives, from her divorce
papers? What were the root causes of Frank's abusive
behaviors?
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Evidence &
Interpretations
These are extraordinary documents,
and they tell a remarkable and tragic story. One of the most
surprising things about them is
that they exist at all. What are the odds that divorce papers
from 1871 Hastings MN would survive into the twenty-first century?
When Tom retrieved them from the bowels of the Minnesota Historical
Society in December 2005, it was probably the first time they had seen the light of day in more
than 130 years.
(Panoramic Map of Hastings, MN, south of
St Paul along the Mississippi River, 1867, University of Michigan Map
Library)
Beyond the
unlikely fact
of their existence
is the light they shed on the lives of Nellie and her young
daughters in the four years
after Nellie left Burr Oak, Michigan,
babe in arms, for Hastings, Minnesota. Recall that by the
early 1860s Nellie
Kinsman had become a marginal figure in her family - the eldest daughter of
Sheldon Kinsman and his first wife,
Eliza Tuthill, who died when Nellie was an infant. (Hastings train depot, ca 1860, google/images/minnesota
history)
Raised mainly by her
grandmother
Mary Eaton Kinsman, and perhaps her
Aunt Selma,
Nellie was around 8 years old when she was compelled to leave her
birthplace in Chemung County, NY, with her father Sheldon, his
second
wife Mary, their daughter Sarah. In 1855 or '56, Sheldon and his family
migrated West through Ohio and Indiana to Michigan, along with
Sheldon's brother Asa E. and his wife and children. By 1860
Sheldon and Mary had carved a farm out of the Michigan wilds, and
Mary had borne three more children.
(Map of tri-county area of
NY-PA, from Tri-Counties
Genealogy and History by Joyce M. Tice,
http://www.rootsweb.com/~srgp/jmtindex.htm)
All the evidence suggests
that Nellie was the family workhorse – washing, cleaning,
preparing food, tending to her small step-brothers and her farm chores,
day after day, season after season, year after year. Since she never learned to
read or write, it is unlikely that she ever attended school, at
least regularly.
(Girl washing, www.medivia.sele.it)
The
evidence also suggests
that by this time Nellie was estranged from her
father and step-mother; that she was desperate to escape St. Joseph
County MI and start a
new life; and that she knew that marriage was her only viable way out.
What evidence?
On top of her illiteracy, she was not listed
with her father's family, or any other family, in the 1860 census;
she secretly married Frank at age 16 and hid the fact for the next 13
months; she became pregnant, as best as we can tell, on the day her
marriage license was filed; she left Michigan for good only weeks after her baby was born;
she never returned to Michigan; and she did not attend her father's
funeral in 1904, after his prolonged illness.
(Man, woman, and two children blocking
and thinning beets in Corunna, MI in 1917. Photo by L.W. Hine.
Library of Congress)
All this
and more suggests she harbored a burning desire to get the hell out of
Burr Oak, that she was willing to do just about anything to make it
happen, and that she never looked back.
Her ticket
out came in August 1861, when the
village became an enlistment center for the Seventh Michigan
Infantry. Several hundred men from throughout St. Joseph
County and beyond came streaming into town to enlist in the Union
Army. Frank Lang was among them. An 18 year-old farm
laborer in Lagrange County, IN, in 1860, Frank had nearly two weeks between his
enlistment date in Burr Oak and his muster-in date in Monroe, MI.
It was during this brief window of time that he must have met 13½
year old Nellie.
(Unsigned sketch by an Ohio
soldier of a Union infantryman after stealing a chicken from a
Confederate farm, and our symbol for Frank Lang. Library of
Congress.)
Frank and Nellie
married
in January 1865, while Frank was still in the army
and Nellie a few months shy of 17, but didn't file the paperwork
with the county and make it official till February 1866.
In
other words, they were secretly married for 13 months. Jennie
was probably conceived on the day the marriage was made public,
because she was born exactly nine months later. The next
month, December 1866, Frank, Nellie, and baby Jennie left Burr Oak for Minnesota.
(Dakota County Courthouse, Hastings, MN, ca 1870, the year Nellie
walked in and demanded a divorce, mnhs.org.)
For Nellie, marrying
Frank and moving to Minnesota was an enormous gamble. She
would be leaving the only world she knew, with a man she'd only
recently married, with a baby to care for, without any social or
family safety net (except perhaps one mysterious uncle, who we'll
get to). If the marriage faltered she
would have nothing to fall back on, no family to turn to, no friends
to take her in. She would be completely on her own. She
did it anyway, suggesting the depths of her desperation to leave.
As it turned out,
the
marriage did falter, and badly. Nellie essentially lost the gamble,
as
Frank turned out to be an absolute louse of a
husband. The portrait these
documents paint is of an utterly failed
marriage, a relationship dominated by
Frank's violently explosive temper, physical and verbal abuse,
abandonment, and neglect -- a
marriage that ended, for Nellie and her girls, in destitution and
desperation. (Images
of handwritten text excerpted
from Nellie's court testimony; full texts appear below.)
Frank not only threatened,
abused, and abandoned his young
and socially isolated wife. He also failed to assume any responsibility for
the material well-being of his daughters. He seems to have been
determined to destroy his marriage and leave Jennie (age 4 in 1870) and
Nellie Lang (age 2) fatherless. For the rest of his life he
refused to acknowledge his daughters as his own.
Frank Lang was
clearly a deeply troubled man,
a man
haunted by inner demons
that would take him years to exorcise, if he ever did
fully expel
them. Only a man under severe emotional distress
would come home from work, find his supper not ready, explode in
rage at his hard-working young wife, kick her out of the house, and
then, when she returns, threaten her with a butcher knife.
Only a man with a deeply troubled spirit would start building a
chicken-coop in the backyard with his wife and suddenly threaten to
knock her over with a hatchet unless she held a board just
right. Only a man bent on severing all
connections
to his family would leave his young wife and baby daughters for
eight months, not write, not make any contact, leave them with no
money and no resources, and then return, behave abusively, and leave
again.
When he was not gone
for months at a time,
Frank was most commonly described as "morose," "cross," "sour,"
"cruel," "inhuman," full of
"contempt" and "hate" toward his wife
–
not only by Nellie but by his neighbors, who witnessed the crumbling
marriage and Nellie's desperate
circumstances. He yelled at
her, called her "vile & improper names,"
threatened her, "frequently
striking and beating her with his fists and hands," while Nellie,
according to her neighbors, was "always
busy and apparently industrious and seemed to be doing the best she
could."
According to Nellie,
one of the main reasons Frank abandoned her was that he wanted to
"work out" in St. Louis, Missouri, and she refused. She does
not explain exactly why she refused, though
his chronically "morose"
and "sour" disposition was probably reason
enough. Had she
relented to his demands and not stood her ground, her subsequent
life would have been vastly different, Jennie would have never met Cornelius, and we would never have been born.
Frank's Abuse & PTSD
The underlying
causes of Frank's abusive and destructive behavior were no
doubt complex, and much deeper than his wife's refusal to move to
St. Louis. It seems clear that his experiences
in the Civil War contributed to his behavior in critically
important ways.
For four full years
before becoming a father
and family man, Frank had served in the Union Army in Company K of
the Fifth Regiment of Michigan Volunteers (Aug 1861-July 1865, ages
19-23). For two-and-a-half of those years he was "employed
continuously" as a nurse in field hospitals (10 Aug 1862 to 12 Jan 1865).
In other words,
for
some 28 months before his marriage, it was Frank's full-time job to patch up the mangled bodies of
his comrades.

(Confederate Dead at Fredericksburg, VA, 1863. Photo by
Matthew Brady. From the U.S. National
Archives digital image collection, www.nara.gov)
The Michigan Seventh
fought in some of the bloodiest battles of the Civil War:
Fredericksburg, Cold Harbor, Antietam, The
Wilderness, and Petersburg, to name only some of the biggest
and bloodiest (see Don Harvey's brief narrative of the Michigan Seventh in
Frank's Civil War Service Record).
It would certainly be possible to identify all the episodes
in which Frank and the other nurses of the Michigan Seventh saw
their hospital beds overflowing with the bodies of the wounded and
dying. The end result of such research would be a catalog of horrors.
Numbers provide one way
to
try to understand what Frank experienced in the Civil War. At the
beginning of the war the Seventh Michigan Infantry counted in its
ranks 1,375 men. At war's end 330 were dead and 344 discharged
because of their wounds – a casualty rate of 50.2 percent. For
well over two years, Frank Lang was literally up to his elbows in
the blood and guts of his comrades, of the Michigan Seventh Infantry
and of dozens of other regiments from many other states.
(Union Army hospital. Photo by Matthew Brady.
US National Archives digital image collection, www.nara.gov).
How many amputations
did he help perform on
his buddies? How often, in subsequent years, did memories of
their contorted faces and anguished screams come back to haunt
his sleeping and waking hours?
It was not until the times of the
Vietnam War that mental health professionals gave a name
to the long-term health-destroying psychological effects of this
kind of intense and intimate violence: post-traumatic stress
disorder, or PTSD (a syndrome often called "shell shock" in World Wars I and II).
(Wounded in Spotsylvania.
Photo by Matthew Brady. U.S. National Archives digital image collection, www.nara.gov)
A recent study of PTSD among thousands of Civil War
veterans makes it clear that Frank
fits all the profiles for high-impact PTSD: he was young when he
enrolled (age 19), and as a field nurse he saw and experienced an extremely high
degree of intimate violence. Reading these divorce papers, and
knowing what we know about Frank's war service, it seems plain that
Frank was in the grip of some kind of PTSD. This is not to excuse
his behavior, but only to try to understand its causes. (See
J. Pizarro, et al.,
The Physical and Mental Health Costs of Traumatic War Experiences
Among Civil War Veterans)
Nellie's divorce complaint
and her neighbors' corroborations reveal a deeply disturbed man who
placed no value in his marriage or family, and a desperate wife
trying to maintain some semblance of a decent life. There is no
suggestion that Frank beat his girls, though it seems very likely
that Jennie (ages 0-4) saw and remembered her father's explosive
temper and the verbal and physical abuse he inflicted on her
mother.
The divorce was finalized
just after Jennie turned four. Thus, in her earliest and most
impressionable years, Jennie
witnessed and experienced a violent, abusive and neglectful father,
after which she never saw him again.
In other words
– and these are our suppositions, based upon these facts – Frank was traumatized by the war, prompting him to destroy his own
family life and nearly destroy the lives of his wife and daughters. In the process
he also traumatized his daughter Jennie, by his explosive temper,
violent outbursts, and prolonged absences – to a degree, and as inflected by
Jennie's own psychological makeup and predispositions.
Such a dynamic
sets one to thinking about how the traumas inflicted by war
can ripple across the generations: a father, traumatized
by war, in turn traumatizes his young daughter. What effect
will her traumatic experiences have on her identity and personality?
On her choice of mate? On her parenting skills? On her
children's capacity to act responsibly? How and to what extent
do such traumas ripple through the generations.
It is not unlikely,
for example, that the traumas Frank experienced in the early 1860s
echoed through the lives of his grandchildren, the Sullivan's, in
the 1910s, 1920s, and after. Why was
Uncle Tim incarcerated
for most of his adult life? Why did
Uncle Ed never marry, fail
to hold down a steady job, and become a lifelong alcoholic?
Why were
Aunt Grace and
Aunt Maime
such lunatics? It would not be surprising to learn that the
violence and abandonment their mother experienced as a
small girl was one of the principal causes of the dysfunctional,
irresponsible behavior of her children.
If this were the case,
then the horrors Frank experienced in the 1860s reverberated through
the decades, influencing the lives of his grandchildren well into
the 1940s and after – a powerful illustration of
how the destructive effects of war can endure generation past
generation.
Skeptics might counter
that Frank was simply mean-spirited and
abusive by nature, and that his destructive behaviors as described in
these divorce papers were rooted not in his Civil War experiences
but in his basic psychological makeup. Maybe Frank Lang was
always a mean-spirited son-of-a-bitch. That is certainly possible, but
other evidence suggests otherwise – most notably, the evidence on
his third marriage (to
Clara Morris Lang) and fourth marriage (to
Henriette Eichendorf).
There is no credible
evidence that in any of his subsequent marriages Frank
engaged in abusive, neglectful, or destructive behaviors, despite
relatively abundant documentation describing these relationships.
By the 1880s, it seems, he had largely overcome the demons that had
haunted him in the immediate postwar years. It was he, after
all, who initiated the divorce proceedings against his third wife
Clara. And it was he, not Clara, to whom the courts granted
custody of seven year-old Frank Jr.
At the same time,
one would be hard-pressed to describe him, at any point in his life,
as a deeply loving or caring man. He may have gotten past the
worst after-effects of his wartime traumas, but the wounds
and scars
inflicted by those traumas apparently endured. Still, in the end we
really don't know the root cause of the behaviors described in these
documents, and probably never will.
More Questions
These divorce papers
pose a number of
other puzzles as well. For one, who was this mysterious "uncle"
mentioned by Nellie, whose shelter and succor she sought when Frank
abandoned her? He was not a
Kinsman, or a Burr, or a Tuthill. Perhaps he was the brother
of Lucinda Powers, the blacksmith's wife in Burr Oak, MI, with whom
"Ellen Jenkins" lived and worked in 1860 (see
Seeking Ella in Burr Oak). Perhaps he was some
other fictive kin. We don't know.
Nor do we know
what illness Nellie battled during the "year of [her] confinement,"
or how sick she became, or just how desperate things were before and
after her divorce. We know that Frank's abandonment left her
and her girls desperately poor, often hungry and cold, with
insufficient clothes to shield themselves from the biting chill of
Minnesota winters, and not enough blankets to keep them warm at night. Were these the darkest
days of Nellie's life? Or did still darker days lay
ahead? We don't know that either.
(Detail of panoramic map, downtown Hastings, 1867. Census
data from 1870 show that Nellie, her girls, and Frank [when he was
home] lived near downtown,
around the corner from one of the town's main hotels, probably in
the small row-houses near the river and railroad tracks.)
Timeline
From these papers
we can construct a rough timeline of the 50 months between
Jennie's birth in November 1866 to the court's granting of
Nellie's divorce in January 1871.
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Timeline of Nellie's Life, Nov
1866 - Jan 1871
Dec 1866.
The family of three leaves
Burr Oak MI for Hastings MN and finds housing in a working-class
district of Hastings near downtown. Jennie is one month
old.
Jan 1867-early 1869. Frank working as a
cooper, Nellie at home raising the two girls (baby Nellie b. 1868).
Early 1869-late 1869. Frank abandons his family for
about eight months. Nellie and the girls suffering extreme
material distress. Probably the year of Nellie's prolonged
illness and "confinement." Probably surprised the
doctors by not dying.
Late 1869-early 1870.
Frank returns.
Early 1870. Frank leaves again.
Nov 25, 1870 (around Thanksgiving).
Frank
returns again. Nellie announces that she is going to get
a divorce.
Nov 26-Dec 2, 1870. Nellie finds finds a
lawyer, who draws up the divorce papers.
Dec 3, 1870. Frank issued a summons.
Dec 4, 1870 - Jan 25, 1871.
Frank does not respond to the complaint, the case proceeds without him, and the divorce is
granted on Jan 25, 1871.
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Documents transcribed as written.
Illegible and partly legible words and phrases in brackets.
Click on thumbnails to view scans of copies of the originals.
Originals housed in the Minnesota State Archives, Minnesota
Historical Society, 124/J/15/4/F. Many thanks to MHS and its
staff for all their help.

Dakota County Courthouse, May 2006
The Documents
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SUMMONS TO FRANK
LANG
RECORDED 2 DECEMBER 1870
SERVED 3 DECEMBER 1870
State of Minnesota, County of Dakota,
District Court, First Judicial District
SUMMONS
Nellie Lang, Plaintiff against Frank
Lang, Defendant
City of Hastings, County of Dakota,
Minn
. . . thirty days after the service
of this summons on you . . . and if you fail to answer the said
complaint within the time aforesaid the plaintiff
will apply to the Court for the relief
demanded in the said complaint.
Gore & Parliman,
Plaintiff's Attorney
Dated Dec 2d
1870, Hastings, Minn.
[ Summons personally served on 3rd
of December 1870 by Stephen Newell Strong of Dakota Co Minn ]
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NELLIE LANG PETITION FOR
DIVORCE
NO DATE INDICATED, CA. 2 DECEMBER
1870
5 PGS.
State of Minnesota, County of Dakota, District Court, First Judicial
District
Nettie
Lang, Plaintiff against Frank Lang, Defendant
Divorce
The complaint of the Plaintiff in the
above entitled action respectfully states and shows to this Court:
That the name of the Plaintiff [here is] Nettie Lang and she is of
the age of 21 years, that the Defendant's name is Frank Lang and he
is of the age of 29 years.
That heretofore [first] on the 13th day of January A.D.
1866 this plaintiff was married to this defendant at the town of
White Pigeon in the County of St. Jo in the State of Michigan.
That from ever since the said 13th day of January A.D.
1866 this plaintiff and this defendant have lived and cohabited
together as husband and wife except such times as this said
defendant has willfully absented himself from said plaintiff until
on or about the 25th day of November 1870.
That ever since sometime in the month of December A.D. 1866, this
plaintiff and defendant have been and now are residents and
inhabitants of this state and county aforesaid.
That during all the time these said [ p. 2 ] parties
have lived together as husband and wife as aforesaid and at all
times since the said 13th day of January A.D. 1866 this
said plaintiff has treated this said defendant kindly and
affectionately and has at all times performed all the marriage vows
by her to be performed.
That she has at all times kept said defendant's house in a neat
cleanly and tidy manner and acted towards him as an economical
prudent kind [and] virtuous and affectionate wife.
That some time after their intermarriage as aforesaid in the year
1866, this defendant cruelly and inhumanly left and deserted this
said plaintiff for the period of eight months, during which time
this said plaintiff was not aware of, or did she have any knowledge
of the whereabouts of this said defendant, neither did this said
defendant write to or did this said plaintiff receive any letter
from said defendant whatever.
This plaintiff further complains and says that during the absence
and desertion by this said defendant as aforesaid this said
defendant cruelly and inhumanly neglected and refused [ p. 3 ]
to provide this plaintiff with any food or clothing whatever or any
house to live in and on account of said neglect and refusal as last
aforesaid this said plaintiff was obliged to and did support and
clothe herself, and was in great distress in mind and body on
account of said desertion as foresaid which said trouble and
distress as last aforesaid did greatly injure the health of this
said Plaintiff.
That ever since the said intermarriage of the parties to this action
as aforesaid this said defendant has most of the time cruelly and
with contempt and hatred and has acted towards her in a sour and
morose manner.
That he has cruelly and inhumanly neglected and refused to furnish
this plaintiff with maintenance and clothing suitable to her
condition in life and in accordance with his means and ability to
support her.
That she has frequently been compelled to work and labor
since the said 13th day of January A.D. 1866 and since
the intermarriage of these said [ p. 4 ]
parties as
aforesaid, by [all] her strength and ability of endurance for the
purpose of obtaining suitable clothing for herself and for her
family which clothing was absolutely necessary for herself and for
her family which said clothing this said defendant has often cruelly
and inhumanly refused to furnish although he was able to do so.
That frequently this said defendant has treated this said plaintiff
cruelly and inhumanly by striking and beating her frequently
with his fists and hands and by failing and neglecting to provide
her with [wood] sufficient for family use and comfort, and this
plaintiff has frequently been compelled to seek refuge and shelter
at her neighbors to avoid such cruel and inhuman treatment from this
said defendant as aforesaid.
That there is no collusion between the parties plaintiff and
defendant in this action nor any [accord] between them as to the
processing of the Bill of Divorce prayed for in this complaint.
That [since] the said marriage of these parties as aforesaid there
has been borne unto the said parties as aforesaid two children [to
wit] Jennie Lang aged four years and Nellie Lang aged two years now
residents of this county of Dakota in the State of Minnesota. [ p. 5 ]
Whereupon this plaintiff [demands] Judgment that the bonds of
matrimony between herself and this defendant be dissolved and that
the said children be awarded to the plaintiff and for the costs
and disbursements of this action.
Gore & Perlimann, Plffs Atty,
Hastings, Minn
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5.
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AFFIDAVIT OF NO ANSWER
10 JANUARY
1871
State of Minnesota, County of Dakota,
District Court, First Judicial District
Nellie Lang, Plff, vs Frank Lang, Deft
Aff
of no answer
E. U. Gore being duly sworn on oath deposes and says that he is one
of the attorneys for plaintiff in the above entitled action.
That on the 3d day of December A.D. 1870 the summons and complaint
in said action were served personally on said defendant by
delivering to him a copy thereof.
That more than thirty days have elapsed since said service and that
no answer, demurrer thereto or notice of [returnian] have been
served on plaintiff's attorneys or either of them up to this date.
Subscribed & sworn on this 10th
day of January A. D. 1871, E. A. Gore
G. S. W. Putnam, Dist Ct
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HEARING IN OPEN COURT
10 JANUARY
1871
State of Minnesota, County of Dakota,
District Court, First Judicial District
Nellie Lang, Plff, vs Frank Lang, Deft
Aff
of no answer
District Court, Dakota County, Lang
vs. Lang, aff of no answer, Filed Jany 24, 1871, G. S. W. Putnam,
Clerk
Gore & Parlemann, Plff Attys
State of Minnesota, County of Dakota,
District Court, First Judicial District
Nellie Lang, Plff v Frank
Lang, Deft
At a general term of the District Court held at the Court House in
the City of Hastings on and for said county this 10th day
of January A.D. 1871
The Hon Chas McClure, Judge Presiding
The above entitled action having been called into regular order on
the calendar of the open court on motion of Gore & Parliman attys
for the Plaintiff this case is reffered to W. N. DeKay to [letter]
and report the testimony to this court.
Dated Jany 10th 1871
Charles McClure, District Judge
COURT REFEREE REPORT
11 JANUARY 1871
District Court,
Dakota County, Nellie Lang vs Frank Lang
Order of Reference
State of Minnesota, County of Dakota,
District Court, First Judicial District
Nellie Lang vs Frank Lang, Dakota
County ss
I Wm. H. DeKay having been appointed
by the Judge of this Court referee to take and report the testimony
in said action do solemnly swear that I will faithfully and fairly
hear and take the testimony in the above entitled action wherein
Nellie Lang is Plaintiff and Frank Lang is Defendant and make a just
and true report thereof according to the best of my understanding
and ability so Help me God.
/s/ W. H. DeKay
Subscribed & sworn this 11th
day of January 1871 before me
/s/ G. S. Whitman, Clerk, Dist Ct
REFEREE REPORT OF TESTIMONY
11
JANUARY 1871
District Court, Dakota County
Nettie
Lang vs Frank Lang
Oath of Referee
Gore & Perlmann, Deffs Atty
State of Minnesota, County of Dakota,
In District Court, First Judicial District
Nettie
Lang against Frank Lang
Referee's Report of Testimony
In the Honorable District Court of the
County of Dakota
Pursuant to an order of this Court
dated January 10th 1871 in which said order the said case
was referred to me to take and report the testimony thence I would
respectfully report the following testimony:
Nellie Lang being first duly sworn
says that her name is Nellie Lang – That her age is 22 – that her
husband's name is Frank Lang – That his age is 29 – We were married
on the 13th day of January 1866 at White Pigeon – County
of St. Joseph, State of Michigan – says that she is the plaintiff in
this action. We have since the 13th day of January
1866 lived and cohabited together as man & wife – Excepting such
times as my husband absented himself [p. 4] up to
the 25th day of November 1870.
We moved to this state in the year
1866 – and have ever since that time been residents of this state.
I have during all this time [ we ]
have lived together as husband & wife and since our marriage treated
my husband kindly and affectionately and have at all times performed
faithfully all the marriage vows by me to be performed and have
endeavored in a clean & tidy manner to place & keep my husband's
house in a and have always acted towards him as a kind –
prudent – virtuous & affectionate wife.
My husband
I have had two children by my husband the defendant viz Nellie Lang
& Jennie Lang ages two & four years, that during the months of
February or March year 1869 my husband absented himself for the
period of 8 months during which time I had no knowledge of his
whereabouts nor did I receive any communication from him during his
absence. [p. 5]
I was not supplied by him during this
time with any money nor did he make any arrangement for my support I
was compelled to support myself by my own labor although my health
was in a very feeble condition being upon the year of my confinement
and of my confinement was with my uncle for whom I worked and paid
my board – nor did he provide any means for me to pay my medical
bills incurred & my uncle paid them & he remains unsatisfied to this
day.
The only reason I know for my
husband's leaving was that he wanted me to go to St Louis with him &
work out. I did not want to do it and he got offended and
left. He was in good health & able to support me and had
plenty of means.
My husband was continually cross &
morose and violent in his disposition – that in the month of January
1870 on a certain instance I went to one of my neighbors & upon my
return he said if I ever went out again and staid [p. 6] so long he would fasten the doors & windows and I should not come in
he then struck me violently with his fist two or three times when I
went into an adjoining room to get clear of him & he followed me &
struck me again two or three times and attempted to put me out of
the house but the door being locked prevented – and he then ordered
me to leave the house & said I should not remain there any longer.
Upon this being afraid of him I went to Mr. Dirkins & stayed there
two nights & days.
That at one other time while helping
him build a pig pen while holding a board for him to nail he said if
I did not hold it still he would knock me over with the hatchet, he
was very angry at this time I dropped the board & ran being in fear
of him. He also at the same time threatened to strike me with
the board & swore at me calling me vile & improper names.
[p. 7]
That on another occasion returning
from his work in the evening and not finding supper ready inquired
of me with anger why supper was not ready. I told him I had
been washing hard all day which was the fact and I told him I would
get it as soon as I could, whereupon he swore at me and ordered me
to leave the house & took hold of me and attempted to [hit / hurt]
me out whereupon I went out & immediately returned as I came in he
was standing by the table which was set for tea, and taking from it
a butcher knife swore I should not come drawing the butcher knife.
That he has frequently during our
marriage threatened to strike me drawing his hand.
He has not supplied me with clothing
suitable to my condition in life nor with clothing sufficient to
make me comfortable. He was able he always earned big wages
had money in the bank – was a cooper by trade & always had work the
year around – and made from $16.00 to $20 dollars per week.
[p. 8]
That I have frequently been compelled
to work & labor since our marriage and beyond my strength to provide
suitable clothing for myself & family which clothing was absolutely
necessary for our comfort and which he refused to supply – and that
there is no collusion or agreement between myself & the defendant as
to the procuring the decree of divorce in this action by me begun.
That he has at all times & continually
been of a cross, morose, and violent disposition during our
marriage, never entered the house in good nature or pleasantly –
that he has said that when spring comes he would sell the house &
lot and everything we had & leave me and the children and not leave
me a chair to sit in. That I was always compelled to resort to
deception to procure any necessary clothing with his consent.
X Her Mark
Nellie Lang
Witness E Perlmann
[p. 9] Peter Harny being sworn says I know
the Plaintiff & defendant I know that the Plaintiff Defendant
is of a cross and morose and unfeeling disposition I know that the
Plaintiff Defendant did not provide for his family did not
furnish his wife with clothing she had no [sheets? shimmie?] nor
blankets the Defendant would not supply his wife with [any]
blankets. Mrs. Lang was a prudent and economical woman &
industrious & [virtuous ---] I have known her [intimately
since her? ] residence in Hastings about 12 months. She had no
blankets or covering for the season suitable to her condition or to
make her comfortable her clothing was very bad and inferior at this
time she was sick & she had not even a change of clothing – my folks
[f--ins] hid her. She on one one occasion she took the
children & left him and came to my house and [s----d] two or 3 Days
– He was continually finding fault if anything was brought for
the children he would grumble and complain with his wife [p.
10] he had means in abundance earned from 16 to 22 dollars per
week works as cooper When his wife was sick he would grumble and
complain for her work not being done even when his wife was not able
to set up in her bed.
X Peter Harny His
Mark
Witness E Patterson
John Durkin being sworn says I know
Plaintiff & Defendant have known them intimately for 1 year. I
know Mrs Lange has been a kind and affectionate wife & always kept
the Defendant's house in a neat and clean condition. I have
frequently heard the Defendant speak cross & unkind to her, & he was
of a cross and morose disposition. I saw him on one occasion
last fall one year ago raise a hatchet for the purpose of striking
his wife I was not near enough to hear what was said but heard loud
& angry talk from him. They were building something in the
yard. I don't exactly know what it was. He had constant
work ever since I knew him he was a cooper by trade, Mrs. Lang kept
the house neat I was frequently there she Mrs Lang was always
[p. 11] busy and apparently industrious and seemed to be doing
the best she could
/s/ John Durkin
Mrs. Lang being recalled says – Mr.
Lang left about the middle of [November] I do not know
where he now is. I have been informed that he is at
Northfield. I am now compelled to rely upon my own resources
to support myself & my children.
X Her Mark
Nellie Lang
Witness E. Pearlman
Maria Dorkin being sworn says [she]
knows Nettie & Frank Lang have known them for 15 months [They live]
in the City of Hastings while I knew them. I have lived in
Hastings for 4 years. I am the wife of John Durkin. I
know [Frank] threaten[ed] to kick her out of doors on one occasion.
I have very frequently seen him ugly and contrary in the house.
He was a surly man cross & morose in his disposition. On a
certain occasion Mrs. Lang came to my house with her children [ ---
] crying from the blows inflicted by her husband. She stayed 2
nights and part of 2 days. I know that this [was] one year
ago. Mrs. Lang lacked the clothing necessary for her comfort.
Mrs. Lang was sick a year ago and because [she sent] to my
house for underclothes belonging to [me] before [ --] could change
[him]. Her underclothing was entirely inadequate for her
comfort she also had not bed clothing to [render] her comfortable
In that money in the Bank received from 10 to 14 dollars per week he
was a cooper [p. 13] by trade. I have frequently
been in their house and he was [ inceasably / incurably ] unpleasant
& fault finding & surly. Mrs. Lang was a prudent & good woman,
a good mother kind to her children & kind to Mr. Lang.
/s/ Maria Durkin
All of which is respectfully
submitted
W. H. DeKay
Fees $5.00
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FINDINGS OF THE COURT
25 JANUARY
1871
District Court, Dakota County
Nellie Lang vs Frank Lang
Evidence
[p. 1]
State of Minnesota, County of Dakota,
In District Court, First Judicial District
Nellie Lang against Frank Lang
The above entitled action having been
reached upon its order on the calendar and having been called in
open court and satisfactory proof having been offered to the court
by an affidavit duly filed with the court that no answer or
[declamation] was interposed to the complaint of the Plaintiff or
sent upon the Plaintiff's attorneys and upon Motion of [Mssrs Gore &
Parkman] Plaintiff's attorneys William H. Deccay having been
appointed referee to take and report the testimony in this action &
the Referee having reported the testimony so taken the Court finds. That the name of the Plaintiff is
Nellie Lang. That she is of the age of 21 years. That
the name of the Defendant is Frank Lang. That he is 29 years
old. That the said Plaintiff and Defendant intermarried on the
13th day of January 1866 at White Pigeon in the County of
[p. 2] Saint Jo and State of Michigan.
That from and since the said 13th
day of January 1866 these said parties Plaintiff and Defendant have
lived & cohabited together as husband and wife until the 25th
day of November 1870 except at such times as the Defendant
[willfully] absented himself from said Plaintiff. That this
Plaintiff and Defendant have been ever since sometime in the month
of December 1866 and up to the time of the beginning of this action
residents of the County and State aforesaid.
That during the times this Plaintiff
and Defendant have lived and cohabited together as husband and wife
this Plaintiff has been a kind and affectionate wife and kept and
performed all her marriage vows by her to be kept and performed.
That sometime after the intermarriage of these Parties aforesaid in
the year 1866 this defendant cruelly and inhumanely left and
deserted this said Plaintiff for the period of eight months.
That during this time Plaintiff had no knowledge of the whereabouts
of this Defendant. That during the said time the said
Defendant cruelly and inhumanely neglected and refused to provide
this [p. 3] Plaintiff with food or clothing or a home
in which to live and that on account of this neglect and refusal the
Plaintiff was obliged to and did support and clothe herself and was
in great distress in mind and body on account of said desertion as
aforesaid and which trouble and distress did greatly injure the
health of this Plaintiff.
That ever since the said intermarriage
of these Parties as aforesaid this Defendant has continually cruelly
and inhumanly treated this Plaintiff with contempt and hatred and
has acted towards her in a sour and morose manner. That this
Defendant has cruelly and inhumanly neglected and refused to furnish
this Plaintiff with maintenance and clothing suitable to her
condition in life and in accordance with his means and ability.
That this Plaintiff has frequently
been compelled to work and labor since the said 13th day
of January 1866 and since the intermarriage of these parties beyond
her strength and ability of endurance for the purpose of obtaining
suitable clothing for herself and family which clothing was
[p. 4] absolutely necessary for herself and her family and
which clothing this defendant has often cruelly and inhumanly
refused to furnish although he was able to do so.
That frequently this said defendant
has treated this Plaintiff cruelly and inhumanly by striking and
beating her with his fists and hands and that this Plaintiff has
been compelled to seek refuge and shelter at her neighbors
frequently to avoid such cruel and inhuman treatment.
That there is no collusion between the
Parties Plaintiff and Defendant in this action nor any agreement
between them as to the procurement of a Decree of divorce.
That since the said Marriage of these
Parties as aforesaid thus has been borne unto those said Parties as
aforesaid two children to wit Jennie Lang age four years and Nellie
Lang age two years which said children are now residents of the
county of Dakota in the State of Minnesota.
That the Plaintiff Nellie is a person
of suitable disposition and morality [p. 5] with the
means and inclination to have the custody and control of the
aforesaid children "to wit" Jennie Lang and Nellie Lang.
The court finds as conclusions of Law.
That a divorce should be decreed in
favor of the Plaintiff Nellie Lang dissolving said marriage for the
acts so committed by the Defendant Frank Lang.
And that the Plaintiff Nellie Lang
have the care and custody of the children issue of the said marriage
to wit Jennie Lang and Nellie Lang.
Dated January 25th 1871.
/s/ Charles McGhee, District Judge
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FINDINGS AND DECREE OF COURT
25
JANUARY 1871
State of Minnesota, County of Dakota,
In District Court
Nellie Lang against Frank Lang
Findings of Court
[ p. 1 ]
State of Minnesota, County of Dakota,
In District Court, First Judicial District
Nettie
Lang against Frank Lang
Decree
The above entitled action having been
reached in its order on the Calendar at the General Term of the
aforesaid Court begun and held on the 10th day of January
1871 and having been called in open court and an affidavit of no
answer having been duly filed and a Referee duly appointed to take
testimony having reported the testimony in the said action and the
findings of the Court in the process being filed with the Case it is
ordered and adjudged:
That the Marriage between the said Plaintiff Nellie Lang and the
Defendant Frank Lang be dissolved, and the same is truly dissolved.
Accordingly, and the said parties are, and each of them is freed,
from the obligations thereof.
And it is further adjudged that Jennie Lang and Nellie Lang children
and issue of said marriage shall be truly are given into the Custody
and placed under the control of the Plaintiff Nellie Lang and to her
awarded.
By the Court [Decreed] this 25th January 1871
/s/ Charles McGhee, District Judge
1765
State of Minnesota, County of Dakota,
In District Court
Nellie Lang against Frank Lang
Decree of Divorce
Filed January 6th 1871
G S Whitman, Clerk
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Conclusion
What a horrific story these
hand-scribbled papers tell.
So now it's is late January 1871,
a few weeks before Nellie's 23rd
birthday. She marches out of the courthouse, papers in
hand, to begin a new life, and she's met by a freezing cold
blast of a bleak Hastings winter. Finally she's booted Frank
out of her life for good.
Now what?
How is she going to survive?
She has nothing. She is illiterate. Domestic labor
is her only marketable skill -- cooking, cleaning, housework.
And if she dies, what about her girls?
She knows that what she
needs most are social
networks -- a set of social relationships into which
she can integrate herself. She doesn't just need a job,
though she does need that. More than anything else she
needs a family and
a set of close friends. Hastings is too
small, its opportunities too limited.
So, desperately needing to
get back on her feet again, Nellie heads down to the depot and
buys three one-way tickets on the twice-daily train that will
take her and her girls straight into the
heart of the burgeoning grain and and transport city of
Minneapolis.
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