This is a Message Board Post that is gatewayed to this mailing list. Surnames: IRVINE, IRVING, HOCH, SAXTON, SEXTON, CALLENDER, WEAVER, RAMSEY, REED, DUNLAP, HELFENSTINE, Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/JaB.2ACE/2999.2.1.4.1.1.2 Message Board Post: My ggg grandmother SARAH HOCH (mrs MICHAEL SAXTON) was sister to your EVE HOCH who married ARMSTRONG IRVINE. I am confused by the parents of ARMSTRONG IRVINE since you say they are ANDREW ERVIN and AGNESS ARMSTRONG. I have the father as GEN WILLIAM IRVINE and ANN CALLENDER, but I am probably wrong; can you straighten me out on this? There is an interesting reference to your ancestor ARMSTRONG IRVINE in a book on EARLY PENNSYLVANIA DIVORCES by THROOP, mentioning the divorce of my ggg grandmother SARAH HOCH SAXTON from her husband MICHAEL SAXTON. Your ARMSTRONG IRVINE, her brother in law, represented her in court. Here is the reference: Throop: Cumberland County, Pennsylvania Divorces 1789-1860, p. 23. "Nov. 1823 #175 - Oct 11, 1823 - petition of Michael Saxton of East Pennsboro Township, Cumberland Co., Pa. He married in 1810 Sarah (Weaver?) [Sarah's first husband was Weaver, according to the same book, mw] and he accused her of adultery. Nov. 8, 1823 - subpoena to Sarah Saxton for the first Monday of Jan 1824. Jan 10, 1824. Joseph Shields, Sheriff of Cumberland Co. Pa. reported that he served the subpoena on Sarah Saxton. Jan 10, 1824 - subpoena issued to Sarah Saxton for the first Monday of April 1824. ibid., p. 42 April 1828 #207 - Aug 11, 1828 - petition of Sarah Saxton by her brother-in-law and next friend Armstrong Irwin before Archibald Ramsey, Justice of the Peace for a divorce from Michael Saxton. They were married in the month of Dec. 1809. He maliciously deserted her over two years ago. Sarah signed "by mark." Throop: Cumberland Co Pa Divorces 1789-1860, p. 42 cont'd from footnote 145. Aug 11, 1828 - Subpoena issued to Michael Saxton for Nov. 1828 term. March 28, 1829. Subpoena issued to Michael Saxton to appear in court on the second Monday of April 1829 at 10 o'clock in the forenoon. [Note: this subpoena calls Armstrong Irvine Sarah's father in law, rather than her brother in law, as stated in the Aug 11, 1828 petition.] April 20, 1829 - Subpoena issued to Michael Saxton to appear in court the second Monday of August 1829 at ten o'clock in the forenoon. (Note: This subpoena also calls Armstrong Irvine the father in law of Sarah Saxton.) April 13, 1830. John Irwin, deputy Sheriff reported that he served the April 20, 1829 subpoena personally on Michael Saxton June 29, 1829. On this same date the Sheriff of Cumberland Co. Pa. Martin Dunlap Esq. reported that the April 20, 1829 subpoena on Michael Saxton was served but he failed to appear in court on the second Monday of August 1829 as he was supposed to do. The Court therefore appointed William Irvin as commissioner to take testimony to be heard in the case. April 14, 1830. 'In pursuance of the annexed Commision from the Court of Common Pleas of Cumberland County personally appeared Henry Hough a witness on the part of Sarah Saxton the complainant. And being duly sworn according to law doth say that he was personally present at the time of the marriage of Michael Saxton and his sister now Sarah Saxton and that they were marryed [sic] by the Reverent Mr. Helfenstine (?) about twenty years ago or thereabouts. That the said Sarah and Michael Saxton lived together about 16 years perhaps less and that she the said Sarah was turned out of house and home about three years ago and since that time they have lived separate and apart from each other she supporting herself and the family of five children. Said deponent doth further say that said Michael sayed [sic] that he would not do nothing for her and deponent doth say that he has frequently heard said Michael speak very disrespectfully of his wife, and that as far as he knows or belie! ves that said Sarah always conducted herself well towards said Michael and was an industrious and faithful wife to him and knows of no reasonable cause for his separation from her. Said deponent doth say that he has frequently heard said Michael cursing his wife and abusing her so as to tender her life burdensome. Sworn and subscribed before me April 14, 1830.' Signed by William Irvine and Henry Hoch. [note he is referred to as Henry Hough in the beginning of this. I am using the spelling Hoch because that is the way he signed his name, and also because that is the way it is spelled in the census of 1810 when Henry Hoch sr and jr live "next door" (at least next in the census list; I am assuming the census taker went door to door in an orderly fashion) to Michael Saxton in Middleton Twp. mw 5/96] May 8, 1830 - depositon 'in pursuance of the annexed Commission personally came before me the Commissioner therein named being a Justice of the Peace in and for said County, Rebecca Smith who being sworn according to law doth depose that she is the daughter of Sarah Saxton the within named applicant by her first husband John Weaver, now deceased. Deponent resided with her mother the said Sarah Saxton from the time of her marriage with Michael Saxton her present husband till the time of deponent's marriage with her husband Charles Smith in the month of December 1828 since which time deponent's said mother has resided with deponent and her husband. In the month of February 1826 the said Michael Saxton left the house in which he and his said wife had before that time resided. At the time of his departure he told his wife and said in the presence of deponent that he would go and never return and that his said wife might go to Hell and be dammed and go for her self (sic), he then went away and since that time has never returned to reside with his said wife. For several years before he left his said wife as aforesaid he treated her with great cruelty by scolding and calling her approbrious names and frequently threatening to hurt her, thereby rendering her life burdensome as deponent believes that the said Sarah was a duti! ful affectionate and good wife to the said Michael as deponent verily believes and that his rash will and barbarous conduct to her and his family absenting himself (illegible word), was and is without any just cause as deponent believes. Sworn and subscribed before me May 8th 1830." signed by Rebecca Smith and William Irvine. Throop: Cumb. Co. Pa Divorces 1789-1860 p. 43. cont'd May 8, 1830 - deposition 'Also personally came Sarah Ann Saxton who being sworn according to law doth depose that she is a daughter of Michael and Sarah Saxton within named. That deponent was present when her said father left his said wife, and his family upwards of four years since. He said he would go and never return, and that his wife the said Sarah might go to hell and be damned, that he would do for himself and she might do for herself. He then went away and has not since returned to his said wife and family. Deponent has since resided with her said mother ever since and she has not since seen her said father. Before her said father left home as aforesaid for several years he treated his said wife very cruelly by calling her approbrious names and threatening to beat her, and a short time before he went away deponent heard him threaten to burn the house over the heads of his wife and family, if they would not move out of it. That the said Sarah wife of the said Michael ! always behaved and conducted herself towards her said husband as a dutiful wife, as deponent believes and his withdrawing from his said wife and family as aforesaid was without any just cause as deponent verily believes. Sworn and subscribed before me May 8th 1830. Signed by Sarah Ann Saxton and William Irvine. May 11, 1830 - Court Granted a divorce for Sarah Saxton. ========================================== transcript by marcia wilson from a photostat of the actual document sent to mw by jean dawson may 2003: APRIL TERM 1828 No. 207. To the Honournable the Judges of the courts of common pleas of the county of Cumberland, the petition or libel of SARAH SEXTON by ARMSTRONG IRVINE, her Father in Law [her sister Eve HOCH was married to Armstrong Irvine - mw] and next friend Humbly Sheweth: That in the month of December in the year of our Lord one thousand eight hundred and nine your Petitioner or libellane was lawfully joined in the bonds of Matrimony with a certain MICHAEL SEXTON her present husband and from that time until about two and half years since, hath lived and cohabited with him and hath in all respects demeaned herself as a kind and loving wife and although by the laws of God as well as by the mutual vows plighted to each other they were bound to Cherish and assist each other yet the said MICHAEL SEXTON in violation of his marriage vows and of his duty hath wilfully and maliciously and without any reasonable or Justifiable Cause deserted and absented himself from the habitation of your petitioner as libellant for and during the time and space of two years and upwards immediately preceeding the fileing of this [live?] petition or libel and further that the said MICHAEL SEXTON in violation of his duty as aforesaid by his Cruel and barberous trea! tment has rendered her life [burthersom?] and has thereby forced her to withdraw from his house. Your Petitioner or libelant therefore prays your honour to award a subpoena directed to the said MICHAEL SEXTON commanding him to appear at the next term of this Honourable Court or at such other time as your honours may appoint to shew cause if any he has why your petitioner or libellant should not be divorced from the bonds of Matrimony. And your Petitioner or libellant by her said next friend will pray, etc. [signed] ARMSTRONG IRVIN CUMBERLAND COUNTY SS [Since?] the subscriber a Justice of the peace of said County personally came the above named SARAH SEXTON and being sworn accordint to law doth depose that the facts stated in the foregoing petition or libel are true to the best of her knowledge and belief and that the said [deponent?] is not [acting?] out of [levity?] or by [?] between her and the said Michael Sexton and for he purpose of being freed and separated from each other, but in Sincerity and truth for the cause mentioned in her said peition or libel. [signed] SARAH SAXTON her X mark Sworn & Subscribed the 11th August 1828 Before Archibald Ramsey 11th Aug’t 1828 Subp. awarded returnable to November term next by the Court Exit subjs N.E.I. Shff #0”99 Exit alias subpoena Returnable 2nd Monday of Aug’t 1828 Shff#0”99 Served Personally on the 29th June 1829 Shff#1”96 1st April 1830 on Motion of [can’t read] William Irvine Esquire appointed to take the testimony to be heard in this case. By the Court. 1st Ap’l 1830 John Irwin Esquire Deputy Sheriff Va{?} appeared in open court and stated to said court upon oath duly administered that the Supoena Returnable to August term 1829 on the said MICHAEL SAXTON personally the 29th day of June 1829 (see subp for affit). And now to wit 11 May 1830 WILLIAM IRVING esquire the Commissioner appointed by the court on the 15th April last, to take the Testimony in support of the Complaint of the Libellant made report and returned the Depositions and Testimony taken by him which were read and ordered to be filed. whereupon the Court having duly considered the prayer of the said Petitioner or libellant and the evidence taken and Exhibited in support thereof as aforesaid and now filed do order sentence and decree, that SARAH SAXTON the Petitioner or libellant be divorced and seperated from the Nuptial ties or bonds of Matrimony between her and the said MICHAEL SAXTON, that that all and every [tho?] duties rights and claims accruing to either of the said Parties at any time heretofore in pursuace of the said Marriage shall cease and deetermine and the said Parties shall Severally be at Liberty to marry again in the like manner as if they never had been married 11th May 1830. By the Court {signed} JOHN REED Shff Dunlap $2.95 Clk McCoy $1.50 Do Houlke $1.50 DO harper $0.81 [TOTAL] $6.76 ------------------------------------------------