State of Illinois, County of Iroquois

Iroquois County Court

Court of the June Term 1845

To the Hon'l Richard M. Young one of the Justices of the Supreme Court of the State of Illinois and Presiding Judge of the Iroquois Circuit Court in Chancery Sitting

Your Petitioner Prudence Pancake would humbly represent to your honor, that in the year 1827, in Ross County in the State of Ohio, she was united in Marriage to one William Pancake, whom your Petitioner prays may be made a defendant to this Bill, and that she has lived with him since that time until in the Spring of 1844, and that Since about the year 1835 She has been living with him in Iroquois County in the State of Illinois, in which County she still resides. And your Petitioner would further represent and allege that during all the period since she has been married to the said William Pancake, She has in all things endeavoured to perform the duties of a kind and an affectionate wife, and she has laboured especially to please her said husband, and make his home comfortable, as far as she was able; but your Petitioner would further represent that notwithstanding all her efforts to please and make happy her said husband, he has for the last eight years more especially, led your Petitioner a most cheerless and wretched life, having been for the whole of the said term of eight years (in the said County of Iroquois) an habitual drunkard, and not only an habitual drunkard, but while so, he has been most abusive and ill tempered to your petitioner, frequently causing your petitioner to have fear for the security of her life, all of which abuse and ill treatment your petitioner endeavoured to endure with all of the patience of which she has command, Until in the Spring of 1844 when she was constrained to abandon her home to save her life, her said husband at that time in a drunken fit threatened to kill your petitioner as also his children, and procured a large stick or clubb with which he made attempts to kill your petitioner and children, and to save her life and the lives of her children, She was compelled to fly with her children to seek protection at the hands of her neighbours, and at that time towit, in the Spring of 1844, She for the Security of her person and the Safety of her children, She called to her aid the arm of the law, and caused him to be required to enter into bond with Security to keep the peace, and during the Most of the period since that time he the said William Pancake has been in imprisonment, on account of his failure to give Security for the keeping of the peace. And your petitioner would further state to your honor that she regrets that she is compelled to say that she has no hope left of ever being able to live with her said husband even in safety to her person, much less in peace and quiet, all hopes having fled of any reformation in the habits of the said William Pancake.

Your petitioner would state to your honor, that since the time when your petitioner was forced to fly from the said husband and had him taken into the custody of the law, she then returned to her house where since that time in the said County of Iroquois She with her six children that she has had by the said William Pancake has been living and that they have been by their exertions alone Striving to make a living and support for themselves, but your petitioner would further state that her husband William Pancake, before the time at which she abandoned him, he had well nigh squandered all the property and means which he had, previously had, and within the last 8 years he has wasted the sum of about $2000 or $2500.00 by drunkeness and other vices, So that your petitioner is left with no means or prospects to support herself and six children except what she can derive from her labour and income from the farm on which she is now living, and your petitioner would further state that her said husband has title to about 400 acres of land lying in Iroquois County. -- but there is due on the same some $75. or $80. -- but your petitioner would further state to your honor that her husband the said William Pancake has been for the last six months making continual exertions to sell all the land which he owns, and if he could have found a purchaser no doubt would have sold the whole, and as your petitioner is informed would have sold for a mere nominal price, & for the avowed purpose as he has said to deprive his family of the use and benefit of the same and to make them beggars and objects of Charity. And your petitioner would further allege that she is informed that he has incumbered the greater part if not the whole of the said land with Mortgages, for the purpose of getting Security for his appearance at Court and to keep the peace, and for attorney's services and all for the purpose as your petitioner believes of having the land all taken to satisfy those liabilities and thereby to divest his family of the same.

Your petitioner therefore in view of her many grievances, and all the foregoing premises (she having lost all hope of ever being able to live with her said husband) Most earnestly prays your honor to make an order and decree declaring a dissolution of the bond of matrimony now existing between your petitioner and the said William Pancake, and that your petitioner may be entirely divorced from any & all connection Whatever with the said William Pancake, and that the said marriage contract heretofore existing between your petitioner and the said William Pancake be declared from hence, for all time to come null and void, and for naught, as if such marriage had never taken place, and such other and further relief in the premises as to your honor may seem according to equity and good conscience.

And your petitioner would further pray your honor that she may be allowed as her alimony such reasonable Just & fit sum annually for the support of her self and six children (all of which said children are almost helpless, the eldest a daughter of about the age of 14 years, able for some house labour and the other 5 able for best litter service, all of whom your petitioner has to provide for and take care of out of the proceeds of the farm and real estate belonging to the said William Pancake as may seem to your honor just and right, reasonable and fit and that the same may be secured to your petitioner by such decree of your honor's Court as may be effectual to secure the same to her use for the purposes aforesaid.

And your petitioner would further pray your honor, to grant an order and decree, giving to her what little remaining personal property has not been squandered or spent by the said defendant consisting only of some house hold & kitchen furniture, a few hogs, a few head of cattle and sheep and farming utensils, for her sole and exclusive benefit - and the said William Pancake may be from hence forever debared of and from any right title or claim to or control over any of the said personal property.

And your petitioner would further pray your honor to make an order and decree giving to your petitioner the exclusive right to have and keep the custody of the six children of your petitioner which she had by the said William Pancake allowing her the entire control over them, and committing to her the entire care custody and raising of the said children as she feels, she trusts that concern and regard for them that a natural parent ought to feel for children, and that the said William Pancake may have no control over either or any one of them, or any care or attention for them, but that he may be utterly and entirely excluded therefrome, he being as your petitioner avers wholly incompetent to raise, control, or provide for said children in a manner to make them respectable or decent --, on account of his habits, and such other and further relief generally is prayed by your petitioner as may be according to the rules of equity, and within the compass of equitable jurisdiction of this Hon'l Court.

And may it please your honor to grant to your petitioner the Spa [subpoena] in Chancery directed to the said William Pancake requiring him to appearing at the next time of the Iroquois Circuit Court and answer this your petitioner's Bill as to the various charges and allegations herein contained;

and as in duty bound your petitioner will ever pray

Prudence Pancake

per J.H. Murphy, her Sol'r

REFERENCE: "Old Court Cases 1833-1860 Iroquois Co. IL"; Iroquois Genealogical Society, 103 Cherry St., Watseka IL 60970-1524

Transcribed from photocopy of original documents by David L. Boucher 1999

DLB613@charter.net