EARLY HARLAN COUNTY DIVORCE PETITION CONTAINS UNUSUAL LETTER
EARLY HARLAN COUNTY DIVORCE
PETITION CONTAINS UNUSUAL LETTER ©

by Holly Timm
[originally published 25 November 1987
Harlan Daily Enterprise Penny Pincher]

One of the daughters of the John and Nancy Turner Cawood mentioned in a recent column was Joanna, born about 1825. In 1841, she married Thomas M. Harris, born about 1822, the son of Benjamin and Elizabeth Weaver Harris.

Thomas and Joanna had three daughters: Louisa Jane, born about 1843; Nancy Ann, born about 1846; and Emily, born about 1850. In 1866, Joanna filed a petition for divorce in the Harlan County Circuit Court stating that several years ago Thomas had abandoned her and was then living somewhere in the western county.

At this point, Carlo Brittain apparently wrote Thomas Harris in Minnesota. The divorce file contains the following letter written by Harris and sent to Brittain. Headed Dunleith, Illinois, and dated March 20, 1866, it is addressed `Dear Brother & Friends Generaly,' Brittain being a fellow member of the Masonic brotherhood.

"In order to set myself right before the Community I will give you a brief synopsis of things. On the night of the 8th March 1863 near the mouth of Shelvy in Ky., I was surprised in bed & captured by a band of Hell Hounds, who forced me to go with them to a camp near Prestonsburg. Then I was kept closely guarded for 4 days, often grossly insulted, and in one occasion, a bayonet was thrust through my thigh, for being (as they said) too d--d saucy.

"I was then sent by an escort to Louisa, Ky., and kept under Guard 3 days; at the expiration of which time, my case was acted upon by a duly commissioned Officer of the Union Army. This Officer was a high toned, amiable Gentlemen and after hearing my story he said he could find no fault in me and told me to go where I pleased and take care of myself and try to improve my health. But, another officer interfered and said it was not right to suffer a Stranger to roam unrestrained over the Country, to which I replied that I was perfectly willing that any Constitutional restraints should be thrown around me.

"I was then required to raise my hand and take an Oath. The Oath was the ordinary Citizen's Oath of Allegiance with this addition - `That I would remain North of the Ohio River until the close of the War.` On the 18th March I embarked on board a vessel bound for Gallipolis, Ohio."

There, Harris consulted with a group of fellow Masons who "after a spirited debate" agreed that he should make up a plausible story. "As I hailed from Dixie and as the War was raging furiously, many would look upon me with an eye of jealousy. And that those shrewd and inquisitive Yankees would propound impudent interrogatories in regard to my family.

"They held that the fact of my having left my wife and children behind constituted quite a basis for much speculation and that to avoid annoyance they conceived it to be advisable for me to pass myself off as an old Bachelor or Widower. I chose the latter name as being most compatible with the facts in the case. I acted it out in letter but not in spirit and the hoax worked like a machine until I was ready to start Home."

Harris goes on to explain that just before he was to return home, he was informed that the local postmaster was reading all over town a letter supposedly from his wife Joanna. "I walked straight to the Post Office & called for the letter which was promptly placed in my hand. I hastily glanced over its contents recognizing the hand writing of my friend C. B. Brittain.

"I knew that if I should fall on my knees and swear till I was black in the face I never should be able to convince Joanna of my innocence. She always would believe any report on me, no matter from what the source...This is Joanna's natural Temperment and this is her only fault. She is an industrious, economizing, cleanly & virtuous woman. I verily believe her to be as virtuous a woman as the sun ever shone on. But Oh my God! what a tongue! I was forever in hot water when ever I was at home.

"I often told her that I should leave the country as soon as Emma grew up and if you will call upon her for the solemn truth she will acknowledge that she never expected me to return...I told her I never would be satisfied in Harlan again and that if she was willing to come to the west I would come or send for her. This I wrote in good faith intending to abide the issue of her decision. I still intend to do so.

"She wants property sufficient for her support. This she shall have if it takes all there is. I want you to tell her to be so kind as to help herself to all she can find. If there is not enough to make her comfortable I will try to make something for her and send it to her.

"I am now on my way to Nicaragua. I have joined an Expedition and will act as Clerk on splendid wages. If I live I shall be out from one to five years, but if I die I guess I'll hardly be back so soon."

He continues with a few more words for Joanna about his property and then continues with "I understand my Masonic friends think very strange of the course I have pursued. I hope this letter will satisfy them all. I wish you to show this letter to all my friends & tell them all to consider ever write to any one in that Country.

"If I ever return I will come like a Thief in the night at an hour when ye least expect me. It is near Midnight, the Train is coming and I must close, hoping if we meet no more on earth that we all meet in the Grand Lodge Above, Yours Fraternally."

After the divorce was granted, Joanna Cawood Harris married James Culton.

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