Sunday, February 1, 2009

James Dudley Welborn Divorce Papers

Taken from:
James Welborn of Muhlenberg Couty and His Descendants
By Gail Jackson Miller
p 45 & 46

James Dudley and Malinda's rocky marital relationship was revealed
by their divorce suit in Muhlenberg County Circuit Court. The suit was
first brought by James Dudley WELBORN in September 1841 (313) with the
divorce being uncontested, even though Malinda had numerous relatives in Muhlenberg County at the
time. James Dudley's deposition written 18 August 1841, revealed several detains that were accepted
by the court.

" To the honorable the Judge of the Muhlenberg Circuit Court in chancery setting humbly. Complaining shewest unto your honor James D. Welbourn that some years ago he intermarried with Malinda Newman and had by her 8 children. She having 9 children during the time they lived together your mater states & charges that he at all times treated his said wife Malinda kindley that he was more indulgent than any husband in Kentucky too much so for his own good and happiness, never mistreating her in any way or manner that he loved her better probably than any other man ever loved his companion He was therefore doubless too indulgent as the Suit will show, for several occasion left your mater to live in adultery with a certain Lasley, and has been frequently privately with of similar conduct with other--your mater believed such to be the fact, yet as they had a large family of helpless children he concluded to bear with her conduct and live with her & raise their little ones But your mater expresley States that the last child She had was not his Said child is now an infant. She Said Malinda says that Said infant is not your maters but that a certain Hilary Newton is its father, that for the last 12 or 18 months Said Newton has had frequent communications with her carnally that he is the father of her last child, that said Newton admitted that he is its father and as conclusive evidence thereof, said Malinda on the [blank] day of [blank] 1841 left the bed & went with her furnishing her a horse to ride & has ever since living in open and [unreadable] adultery together, that she is a base and whoreish woman, To the end therfore that Justice may be done in the premises, & his grievances addressed and as he has no remedy save in a Court of Chancery, and he believes the laws of his country will release him from all obligations due from husband to his wife he prays that Said Malinda Welborn be made defendant thereto that She answer the obligations hereof...
James D. Welborn"

No divorce was granted to James Dudley WELBORN in March 1842 Court. (314)
Interestingly, the Hilary NEWTON named in the suit, appeared with his wife in the 1850 Logan
County, Kentucky census. Evidently, James went after Malinda and brought her home, but she was
still unhappy. Proceedings were once again brought into court showing Malinda's adultery with more
than one man with James seeking a divorce. Deposition in the case reported that Malinda left the
county in the company of Mathias CAIN and was living with him in Illinois as his wife. A divorce was
granted to James in the September 1845 court. (316)

footnotes on page 44:

"James D. Welbourn again Malinda Welbourn,"
Sept 1841, Muhlenbery Co., KY Circuit Court Orders No. 7, Feb 1837-Sept 1841, 1841 term,n.p.
Muhlenberg County, KY Circuit Court Records Room, MCCH.

"J. D. Welbourn vs. Mrs. Welbourn" March 1842, Loose papers in bundle marked "Judgements March, 1842, R-Z" in drawer marked
"Judgements March term 1842", Muhlenberg Co., KY Circuit Court Record Room, MCCH.

"Welbourn vs Welbourn," 20 Jan 1845, Loose papers, drawer marked "Judgement in March term 1845, Muhlenberg Co., KY Circuit Court
Records Room, MCCH.

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