Mariah's Divorce

Waiting on microfilm from Utah can be a timely, but rewarding, matter.

Earlier I had many posts on the 'Scarlett O'Hara' of my family tree, Mariah Booth Winfield Moffett/Maffett Booth. I had found her in Lawrence County, Alabama, where she had filed suit in a Civil action against her second husband and first cousin, Dr. George Washington Boothe. Both Mariah's mother Mary "Polly" Booth and G. W.'s father Harper Booth, were children of Thomas Booth of Mecklenburg County, Virginia. 

The marriage was not a happy one. In the suit, Mariah had accused George of being a drunk, a gambler and a spend thrift, having his way with her slaves left to her by her father, Joel Winfield and grandfather, Lt. Joshua Winfield. She said his actions toward her, and her only daughter, Mary Ann Newland Moffett, were 'cruel' and 'indifferent'. Two years after the marriage, she had filed suit. 

The suit and legal actions in court took place between 1838 and 1840. During this period, Mariah had turned guardianship of her affairs and property over to Robert Kernachan, her uncle by marriage, in neighboring Lauderdale County, Alabama. She had nearly every notable person in 3 or 4 counties to testify as to the misconduct of the good doctor, who promptly took off to Mississippi, after burying his mother Nancy Booth in Franklin County, Alabama, and settling in and around Itwamaba and Lee Counties in Ole Miss with his father, Harper and brothers John Fletcher and Thomas. His father seems to have owned property in 2 counties in Alabama and 4 in Mississippi. 

Just a few years after, in 1842, for unknown reasons, Mariah turned her affairs over to another relative, John Nicholas Malone, after having been defended in court by her couisn, Vinkler Jones. 

The papers had stated that a divorce was sought, but I had not been given a final date on the outcome. 

Then arrived the microfilm. It can not be copied, as the machines are not set up for that at the Mormon Church, which graciously allows researchers to use their library and equipment, but it could be photographed. Through the glass is not the best shot, but there it was, the defining information.

Under the lists of Alabama divorces of that era, a misspelled "Marian Boothe" from  George Washington "Boothe" January 21, 1843 Lawrence County. 

Mariah recieved her divorce. Her freedom from tyranny would be short-lived however, as she would die in Limestone County, with the Malone family, before the decade was up. 

Several ladies of her standing and in her family filed for divorce during that era. I had seen many within the Booth/Jones/Malone family on the divorce list. These independent Scarletts had the resources and gumption to "not take no crap', even in the early years of America. 

John Booth and Lucy are listed just above her. This was probably John who married Lucy Gilliam Malone. 

The story of Mariah does not end here. I will be returning to her shortly, and continuing with the saga of her daughter Mary Ann, and how their noted cousin, the great navigator and blockade runner, John Newland Maffet, Jr. sewed it all together. 

The Booth Saga continues: Thomas Harper Booth, Sr.

Thomas Harper Booth was the brother of Dr. George Washington Booth and the first cousin of Dr. G.W's Booth's wife, Mariah Booth Winfield Moffett Booth. In her chancery suit of 1840, Mariah and her daughter Mary Ann Moffett jointly sue both Washington and Thomas Harper Booth. Mary Ann was just a child at the time, having been born between 1828 and 1830. Apparently, Mariah believed the brothers to be in 'cahoots' when it came to trying to 'rip her off', to put it in modern terms.

Thomas Harper Booth also had his say in the 1838 Civil Suit that resulted in the divorce of Dr. G. W. Booth and Mariah.  I write Thomas Harper Booth's name out completely in order to not have him confused with his father, Harper Booth or his brother-in-law, Thomas Harper. Thomas Harper (sans Booth) was likely a relative of the  Harper Booths mother, Elizabeth Harper Booth. The old landed gentry liked to 'keep it in the family', meaning wealth and property, and there are several instances of seeing several members of the same family intermarry with another family of equal ilk or for cousins or even nieces/uncles to marry.

The above picture is of Thomas Harper Booth and his third wife, Nancy Chilicoat Delaney Booth. Tom had a sizeable family of 18 children in all and three marriages. He was born in Mecklenburg County, Virginia, grew up in Granville County, North Carolina, removed to Lawrence County, Alabama, followed his father in to Franklin County, Alabama, where his mother, Nancy Harriett Jones Booth, would be buried, and then into Itawamba County, Mississippi, just across the state line from where the family resided in Alabama.

While his father and his brother ventured on over to Lee County, Thomas Harper Booth remained in Itawamba, where he would be buried in 1871 at the age of 63.

The following is the statement of Thomas Harper Booth, attached to the divorce papers of Dr. George Washington Booth and Maria(h) Booth Winfield Maffitt Booth.

The State of Alabama Lawrence County to wit }

in the sixth district of the Northern Chancery Division of the state of Alabama. The answer of Thomas H Booth responding to the bill of complaint of Maria B. Booth & Mary Ann Moffett complaining by their next friend Vinkler H Jones against this Respondent George W Booth, Wm A Booth and Wm H. Moffitt. 

This Respondent in answer to the same & to such parts as he is ordered it is important for him to answer unto answers  & says that he had one small negro girl named Louisa in his possession bound to him by the said George W. Booth, he said G. W. Booth retaining the privilege of retaking her at pleasure . This Respondent further states that the said negro girl was taken from his possession & without his knowledge or without his having aided and abetted in the matter in any  way or manner. This Respondent adds that this complainant, Maria B Booth, if  she was heard as set forth in her bill that this Respondent had any agency in the affair as charged in her amended bill was misinformed.
This Respondent alleges further that said complainant Maria B.  seems to possess in a high degree the faculty of believing  anything can deceive to her interest.

This Respondent having fully answered prays to be hence dissmissed with a desire for his costs in this.


Thomas Harper Booth in the U. S. Census

Name:	Thos Booth
Home in 1840 (City, County, State):	Franklin, Alabama
Free White Persons - Males - Under 5:	2
Free White Persons - Males - 30 thru 39:	1
Free White Persons - Females - Under 5:	1
Free White Persons - Females - 20 thru 29:	1
Persons Employed in Agriculture:	1
Free White Persons - Under 20:	3
Free White Persons - 20 thru 49:	2
Total Free White Persons:	5
Total All Persons - Free White, Free Colored, Slaves:	5

ame:	Thomas H Booth
Age:	42
Birth Year:	abt 1808
Birthplace:	Virginia
Home in 1850:	District 5, Haywood, Tennessee
Gender:	Male
Family Number:	1207
Household Members:	Name Age Thomas H Booth 42 Mary Booth 32 Thomas Booth 14 Susan Booth 12 Henry Booth 10 John Booth 8 Wm Booth 6 James Booth 4

Thos H Boothe [Thos H Booth]
Age in 1860:	52
Birth Year:	abt 1808
Birthplace:	Virginia
Home in 1860:	Itawamba, Mississippi
Gender:	Male
Post Office:	Smithville
Value of real estate:	View image
Household Members:	Name Age Thos H Boothe 52 Nancy Boothe 26 Henry Boothe 19 John Boothe 17 Wm Boothe 16 Jas Boothe 14 Jane Boothe 10 Robert Boothe 6 Margaret Boothe 4 Harriet Boothe 2 Caroline Boothe 3 Frances Boothe 1 Thos Boothe 24 Mary Boothe 20 Marth Dulana 9

Name:	Thomas Booth
Age in 1870:	61
Birth Year:	abt 1809
Birthplace:	Virginia
Home in 1870:	Township 8, Itawamba, Mississippi
Race:	White
Gender:	Male
Post Office:	Fulton
Value of real estate:	View image
Household Members:	Name Age Thomas Booth 61 Nancy Booth 36 Jane Booth 18 Margaret Booth 14 Robert Booth 16 Harriet Booth 12 Emiline Booth 8 Alley Booth 6 Ollie Booth 4 Francis Booth 1

Thomas H Booth served as a Sergeant in the Confederate Army.

Name:	Thomas H Booth
Rank at enlistment:	Sergeant
State Served:	Mississippi
Service Record:	Enlisted in Company I, Mississippi 2nd Cavalry Regiment.
Sources:	Index to Compiled Confederate Military Service Records

Following is a Deposition Given by Susan, one of the two daughters Thomas Harper Booth had by his second wife, Mary Ann Farley:

• 1900 Susan Ann Booth Eaves deposition

• Farley - Grimes GrantWritten: 1900Depositions of Susan Ann Eaves taken in cause No 2312 in the District Court ofCoryell County, Texas styled Susan Ann Eaves vs J.W. Letson et al filed 16th dayJany 1900.Said Depositions show that S.A. Eaves is 61 years of age, resides in Johnson County, Texas, is plaintiff in said cause, that she was never personally acquainted with Henry Farley, that he was her grandfather, that he is dead, and do not know when he died, that her grandmother is also dead, that Henry Farley had two children surviving him, Elmira and Mary Ann Jane, that Mary Ann Jane washer mother, Elmira was her aunt, that her mother died in Miss in 1854 was married once only to Thom H. Booth, that her father died in 1874 that her mother had eight children, Thos Harper, Jr, Susan Ann, Henry,John Washington, Willie Archie, James Madison, Elmira Jane and Robert Fletcher. Henry, Elmira Jane,James Madison and Susan Ann are living, the others are dead.Thos Harpers Jr. died in Miss in 1888, John Washington died during the Civil War, William Archer died during the Civil War, after being captured and carried North and do not know exectly when or where. Robert Fletcher died in Johnson County in 1896. Thos Harper Jr. and Robert Fletcher have been married, the other two who are dead were never married and leave no children. Thos Harper,Jr and Robt Fletcher both left children.John W. Booth and William A. Booth were my brothers, they died unmarried. My mother died without a will. I was married Nov 10th 1853 to C.C. Eaves. I have been living with my husband ever since, and am still living with him. The conveyance from Frederick M. Grimes and Elmira S. Grimes to my father was simply to give my mother her part of the land. I have frequently heard my mother referto this as hers.George W. Booth and John F. Booth the parties named, were my Fathers Brother's.They were acquainted with my Mother in her life time. I knew about Thos H. Booth and Nancy Booth making the deed above mentioned, some time after the deed was made I learned they received a negro and some money for it, but I do not know how much. Geo W. Booth and John F. Booth subsequently took this consideration back. The consideration referred to was returned to Geo W. and John F. Booth because Thos H. Booth could not make title to the land. The intentions in returning it was to call the trade off. I do not know that Geo W and John F.Booth agreed to do in order to procure the return of the consideration. The land referred to was the separate property of my mother. This conveyance inquired about was by my father and his second wife, Nancy. After making the deed my father wanted me and my brother, Thos H. Jr to ratify the conveyance and offerme a small tract of land for so doing. My brother and myself refused to do this and thereupon the consideration was returned and the trade was declared off because of this defect in the Title attempted to be conveyed by my Father and Nancy Booth.My Father claimed no interest in the land. The conveyance from Frederic M.Grimes and Elmira S. Grimes to my father was simply to give my Mother her par tof the land. I have frequently heard my father refer to this land as my mothers and never heard him claim it as his own and the land was always represented and understood to be the separate property of my mother.

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  The following is from an 1899 with mention of Thomas Harper Booth:
  
  
  

  • Booth-Farley 1899 deed

  • Farley - Grimes GrantWritten: 1899Affidavit of Jane B. WiggleDated March 13th, 1890Filed for record June 23, 1899Recorded in Vol 23 page 267 in office of the County Clerk Coryell County, TexasState of MississippiCounty of ItawambaPersonally appeared before the undersigned authority Mrs. Jane B. Wiggle whobeing duly sworn on oath says: I am the daughter of Mary J. Booth and my motherwas a daughter of Henry Farley to whom was granted a survey of land in CoryellCounty, Texas, Mary J. Booth who was the wife of T.H. Booth.Mary J. Booth died without leaving a will about the 1st day of Feby 1854 inCounty of Itawamba State of Mississippi, T.H. Booth her hsuband died withoutleaving any will about the 29th day of Jany 1874, in the county of ItawambaState of Mississippi, affiant further says that Mary J. and T.H. Booth had onlyeight children who are as follows to wit:1st Susan Ann Booth who married C.C. Eaves and who now resides in the County ofJohnson, State of Texas2nd T.H. Booth who died about the ---- day of Dec 1888 in the County of Lee,State of Miss and left surviving 4 children.3rd Henry Farley Booth now living in Itawamba Co MIS4th John W. Booth who died in the Civil War in 1863-4 and who was never married.5th Wm. P. Booth who died in 1863 in the Civil War and was never married.6th James M. Booth who now resides in Johnson Co, Texas7th Jane B. Booth this affiant who married C.C. Wiggle and resides in ItawambaCounty, MS8th Robert F. Booth who died 5 or 6 years ago and who left surviving children. Affiant says tht the above named children are the sole and only heirs of Mary J.Booth.Jane B. WiggleSworn to and subscribed before me this the 13th day of March A.D. 1899.J.S. Davis, clerkAdditional Comments:Henry Farley was father of Mary Ann Jane Farley who married Thomas Harper Booth around 1833 (probably in Lawrence Co. AL) and Elmira Susan who married F.M. Grimes (Washington Co TX). Henry and wife, Nancy White, and daughter, Elmira Susan Farley left for Texas in 1831.Henry applied for a Texas Land Grant, but died in 1834 before he could receive the title.Daughter, Elmira S. married Frederick M. Grimes. He was administrator on Henry Farley estate and applied for the title to one league and one labor of land Henry Farley had been granted. This application was approved Aug 2, 1828 in San Felipe de Austin.Nancy Ellen White Farley remarried in 1834 to Henry Hudson. She died in 1838.This deed is confusing because Thomas Harper Booth whose 3rd wife was named Nancy, also had a son, Thomas Harper Booth, Jr. . However, Thomas H. Booth, Jr. married Dec 12, 1854 (after this deed of Sept 1854) to Mary Virginia Priddy.The land was located on the Leon River in what is now Coryell County, Texas. These deeds are recorded in Coryell County.Thomas H. and Mary Booth has these children as proven by deeds in Itawaba County and Coryell County pertaining to this inherited Farley Land GrantThomas H. Booth, Jr.Henry Farley BoothJohn W. Booth (deceased by 1867 deeds - may have died in Civil War)William Archie Booth (deceased by 1867 deeds - died in Civil War)Pvt Co H 1st M Inf captured Feb 16, 1862 Ft. Donelson. Died Mar 4, 1862 CampMorton IN. Remived to lot 285 section 32 Crown Hill Cem Confed reintered on Oct27, 1931.James Madison BoothJohn F. BoothGeorge W. Booth

    
    

    
    

    The following is an account of the Booths in Texas, how Thomas eloped with his second wife and how she became depressed in Texas. 

    • THOMAS HARPER BOOTH AND MARY ANN JANE FARLEY "ELOPED"

    • Charlotte-Mecklenburg County Virginia USGenWeb Archives Biographies.....Farley, Henry   F. 1790 - 1834File contributed for use in USGenWeb Archives by:Virginia Crilley http://www.rootsweb.com/~archreg/vols/00003.html#0000642 September 21, 2007, 11:56 amAuthor: Virginia Crilley

      Mary Ann Jane Farley  "eloped" with  Thomas Harper Booth around 1833 (probablyin Lawrence Co. AL). Thomas had previously been married to This couple moved around quite a bit, living in Itawamba County, MS (about 60miles west of Lawrence, AL), and even in Texas, Austin Co. for short periods oftime.Family story, "Mary Ann cried for a whole year because they had no slaves to dothe work in Texas."Mary Ann and Thomas Harper had six sons and  two daughters.Elmira Susan married Frederick Miller Grimes of Washington Co. Tx on Jan 29,1838, probably at the home of her mother, Nancy living in nearby Austin County.They settled on their farm on the county line of Washington/Austin.Nancy Ellen White Farley, remarried around 1838 to Henry ? /Obadiah?/JoshHudson.  The court records show that Nancy appointed Isaac M. Pennington topursue her husband's Texas Land Grant.  The courts ruled in favor of thedaughters, and Frederick M. Grimes proceeded with the land claim.Family story: When Nancy Ellen died (aft 1838) her daughter Elmira Susancouldn't attend the funeral because of the high creeks due to heavy rains.As "heirs of Henry Farley" the daughters received land in what is now CoryellCounty  In 1850 when Fort Gates (later Gatesville) was set-up with soldiers toprotect the settlers, Elmira and Frederick moved there.In 1852 they sold this land to their son, Samuel, and moved to land in thesoutheast corner of Coryell County.Several deeds are made with the joint signatures of Elmira and Mary Jane andtheir respective husbands.http://www.usgwarchives.net/tx/austin/austoc.htm

      
      

      
      

      
      

      
      

A Closer Look at George Washington Booth: The Players Part 7

A Concise History of Itawamba County, Mississippi from the Itawamba County Historical Society.


By 1850 Fulton had developed to become the center of commerce in Itawamba County. Fulton boasted several businesses during 1850 including: Francis Jones Carriage Maker, Abel Warren Merchantile, B.J. Morris Saddlemaker, Zachariah Phillips Blacksmith Shop, Tannahill Merchantile, Garrett Christopher Grocery, Joseph & Andrew Brown Grocery, James C. Wright Tailor, John G. Kohlheim Merchantile, Joshua Barnard Brick Mason, James Basham Shoemaker, Mayburn Allen Carpentry, Josiah Harrison Merchantile, Thomas Rhea Merchant and Gaither Merchantile, James Duggar Shoemaker, and The Fulton Hearald Newspaper owned by John Massinger. The bustling village also included five attorneys: Arthur B. Bullard, Jeptha Robins, Robert O. Maupin, John W. Downs, and Benjamin Owen. The village was served by four physicians inlcuding John Fletcher Booth, Samuel Vernon, John Moore, and George W. Booth. Fulton boasted two private schools, the Fulton Female Academy run by Louisa Maupin (located at present-day corner of Beene and North Cummings St.) and the Fulton Male Academy (located on the present-day Fulton Cemetery lot). Fulton was served by two inns run by Reubin Wiygul (present-day corner of Wiygul and Clifton streets) and Albert James. The mayor of Fulton during 1850 was William Beachum who served the village's 200 citizens. 

The above excerpt from an Itawamba County Historical Society Journal menitons that Dr. George Washington Booth and his brother, Dr. John Fletcher Booth, had practiced medicine in the young village of Fulton in Itawamba County, Mississippi. 

In the 19 page Chancery Suit of Lawrence County, Alabama, Mariah Booth, wife and cousin of Dr. G. W. Booth accuses him of having 'ran off', to avoid being served a summons in the suit. Some of the pages are written in a blurred scrawl with certain words hard to read, however, enough words can be pulled out of it to gather what Mariah was accusing her husband of. 

"inter???? Ardent Spirits from time to time his cruelty towards your Orator Maria increased and ?????
 proportion increase his love for liquor til at ????? became sottish.......your Orator with savage cruelty laying violent hands.......and threatening to kill her often and your orator......(several lines smeared)..ought to have children......further upon......humiliation.....Orator Mary Ann with great unkindness.....further states that they have left the home of said defendant, George W Booth......believes that he will be as good as his word for he seems to be restrained  l???  P????ly of religion or morality....of that property which she  ??? of former husband and father provided per this???....times exhibit...original deed...to South Carolina for...."



After pulling some damaging words from this document, I wanted to see if I could find out more about Dr. George Washington Booth. It was clear where he had "ran off" to...Mississippi. I discovered the below information on his brother Dr. John Fletcher Booth, and the family of Harper Booth in a book with the arduous title "Biographical and Historical Memoirs of Mississippi Volume One: Embracing and Authentic and Comprehensive account of the Chief events in the History of the State and a record of the lives of many of the most Worthy and Illustrious Families and Indivduals".

The above pages from the book give a brief account of the Booth family. A fortunate piece of information was the fact that Dr. George Washington Booth was a graduate of the University of Pennsylvania School of Medicine and that he had a strong influence on his younger brother.  Dr. G. W. Booth was 17 years older than his baby brother Fletcher. He must have taken the young man under his wing. He also must have been a beloved brother, as Fletcher Booth named his oldest son "George Washington", undoubtedly for his uncle. 

So who was the real Dr. George Washington Booth? The besotted, abusive, drunken husband of Mariah? The educated, influential, and beloved brother of Dr. John Fletcher Booth? Or the country doctor, who made his way around in the vitual wilderness of mid-nineteenth century Mississippi, helping and aiding the folks of Lee, Itawamba, Tishamungo and Pontotoc  counties?

Dr. Booth was a man who got around and left some footprints in the dirt. I'm sure I will be able to discover more information on him as the records arrive. 

Shocking Revelations

I recently the 19 page document that is the 1838-1840 Civil Suit that Mariah Booth Winfield Moffat Booth brought against her husband and others. While the ancient script is hard to make out in places and full of "legalese", it's meaning is clear and there are enough words that are deciperable to transfer meaning. 

It is actally a grouping of documents and Miss Mariah aka 'Scarlett' is suing er'body. 

She is not happy and what has befallen her is not to her liking. When Mariah married the first time in 1826 to Dr. James Moffatt or Moffett of Fayetteville, NC and Chester County, SC, she rather naively put her sizable estate under the control of her brother-in-law, Dr. William H Moffett of Fayetteville during the marriage contract. Why her brother-in-law and not her husband, I have not yet determined. When she married her first cousin, Dr. George Washington Booth, in 1836,  she declared him trustee and a document transferring trusteeship was issued wherein Dr. Moffett found Dr. G. W. Booth to be an able recipient of the trust. 

Mariah and James Moffat/Moffett had one child, Mary Ann, who is shown in the 1830 census of Marlboro County in South Carolina as being a female under the age of 5, so she was born circa 1827-1830, as her parents wed in 1826. By 1836, when Mariah wed Dr. Booth at her home at Level Green in Marlboro County, her father Joel Winfield's plantation, Dr. James Maffett was declared deceased and Mariah and her child relocated to Lawrence County, Alabama, where her Uncle Harper Booth had removed from Mecklenburg County, Virginia with a stop in Halifax County, North Carolina. 

The first page of the 1838 documents is titled "Maria Booth & Mary Ann Moffitt vs George Booth & William Moffitt. Circuit Court 1838 Chancery sitting. 

In this document, several members of the Booth family are called to testify. Those served are from various counties in Alabama. This second to the side states that Maria Booth and Mary Ann Moffet "by their next friend Vinkler Jones Complnt. "

vs Geo. W. Booth + Thos. H. Booth + others  Depfts. 

The defendants Geo W Booth and Thomas H Booth will take notice that on the 27th day of the present month at Bonds Farm house at Leighton in Lawrence County, Alabama, the complaintants will take the deposition John L Townes, Alexander G. Booth, Sherrod Anderson, Amos Jarman, Lunsford A Sledge, Charles Ottaway, John J Morrow + Samuel Scott. And on the next day, the Complaintants will take the Deposition of  Sarah Noel, Reuben Booth, Minerva R Jones, Maria S Booth, Charles G Young, William W Harper and Thomas B Jones. (The name of Robert Kernachan has been marked out.) at the dwelling house of Mrs. Judith Jones in Lawrence County, Alabama to b?*** t as in d**n* in said cause pending in the Chancery Court at Moulton in the County aforesaid. 

May 12 1840                              Signature of   Irvine


And in the same can the complts will take the deposition of  of Robert Kernachan  at the office  of Joseph in the town of Florence in Lauderdale County State of Alabama on the 21 st day of  May instant to be read as evidence in Compts behalf on the trial of said cause. 

May 12 1840               J. L.  Irvine  Sol.  for Compts.  











This document will take a considerable amount of time to interpret and decipher. May of the pages are smeared and the handwriting difficult to read. There are juicy details in the middle that give way to the personalities and lifestyles of the Booth family and of Mariah and G. W. in particular.

The meat of the entire document can be summed up in its last paragraph, however.

And it is further decreed that the bonds of matrimony heretofore existing  between the said Maria B Booth and George W Booth be desolved and  that the said Maria B  be hereforeto divorced  from the said George W Booth and that the said George W Booth pay the costs of this said ----. 

A Bowie, Chancelor


As I had guessed, Mariah and George were divorced, the proceedings beginning only two years after their marriage.

The accusations within and the persons mentioned in the suit were major players in the early history of Alabama, most of them having strong Virginia and Carolina ties, and most of them interelated. My next step is to interpret page by page, to find out  Mariah's accusations against her husband, Dr. George Washington Booth and his brothers and then to the mystery following, Where does she go from here? and What happened to her daughter, Mary Ann Moffet?