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Note: 1/8/2002 John and Sarah Odom Matheny separated in 1838 after "thirteen or fourteen" years of marriage. Sarah was "childless" and did not get along with John's two children by a previous marriage. Source: Barnwell chancery court papers.
1/3/2003 This is Sarah Odom Matheny's petition against her husband, John Matheny:
"To the Honorable the Chancellors of the said state Humble complaining shews unto you honors your Oratrix Sarah Matheny and her next friend John Read [her brother-in-law, married sister Emelia Odom] that your Oratrix is the wife of john Matheny of the state and district aforesaid, that the said John Matheny has at various times mistreated and abused your Oratrix with words and blows and has utterly failed to treat your Oratrix with the kindness and respect which was due to her as his wife as aforesaid. Your Oratrix further sheweth unto your Honors that the said John Matheny so she has heard and believes threatened and intends to carry a portion of his property and to remove himself beyond the limits of this state and the jurisdiction of the court thereby leaving your Oratrix in a destitute and helpless condition.
"Wherefore your Oratrix prays this Honorable court that a Writ of Subpoena do issue from this court requiring the said John Matheny to be and appear before this Honorable court true full and perfect answer to make to all and singular the premises.
That your Honors would issue a Writ in the nature of a Writ of --------- forbidding the said John Matheny from departing beyond the jurisdiction of this Court and preventing him from removing his property beyond the limits of the said state. And your Oratrix further prays this Honorable court to make a decree in her favor of Alimony and separate maintenance against the said John Matheny and to grant such other and further relief as to your Honors shall seem meet and as may be agreeable to Equity and good conscience."
Here is John Matheny's response:
"To the Honorable the Chancellor of the said State.
The answer of John Matheny defendant to this bill of complaint of Sarah Matheny by her next friend John Reed. This defendant reserving to himself all right of exception to the said bill of complaint, for answer thereto, or to so much as he is advised, is material to answer, answering ----, that he admits as alleged in said bill of complaint, that the said Sarah Matheny is the wife of this defendant, to whom he has been married about thirteen or fourteen years, and this defendant positively affirms that during all that time he has endeavored to treat his said wife Sarah with all Kindness and affection and provided her comfort and maintenance as well his limited means would allow. This defendant is free to acknowledge that difficulties of a painful kind have arisen between himself and his said wife Sarah on account of his two children by a former marriage but in all these difficulties he has nothing to reproach himself with as a husband, on the contrary with an earnest desire to preserve peace at his fire side, he has borne much which grieved him as a father so much was he disposed to purchase peace with his said wife Sarah, that he was ultimately under the said necessity of turning away from his own door and protection ---- of his said children. This defendant solemnly avers that this harsh and grievous step was taken by him to quiet the murmurs and evident ill humour of his said wife Sarah toward defendants said children and this defendant cannot account for her dislike to them upon any other reasonable grounds than that the said Sarah being childless was apprehensive that the small property which invested in this defendant by his intermarriage with her would be given by him to his said two children, she in fact expressed her desire that a portion of the said property should be secured to her own friends and relations.
"This defendant further answering saith that he admits having on one instance only, in July last, after a serious of undeserved provocation and abuse and charges against his fidelity as a husband with the lowest caste of our species, in an unfortunate moment of excitement and irritation, inflicted blows upon his said wife Sarah, and although he cannot, nor will attempt to justify such an act, he can only plead in extenuation, that his reason and Judgement were, for the moment, controlled by passion. This defendant regrets and deplores, and must always, deplore this unfortunate act, not so much because it exposes him to the action of this honorable Court, but because it was upon his wife, and he has endeavored by all possible concession to atone for this fault, and his said wife Sarah, on two occasions since this unfortunate difficulty has expressed her forgiveness and in pursuance of such expressed forgiveness, returned to this defendants residence, to all appearances fully satisfied and reconciled, whereafter remaining for some considerable time on each of those occasions in harmony and apparent good will, but for the third time left his domicile and as this defendant avers, on the two last occasions without the slightest cause from him; he had hoped and believed her reconciliation was sincere and mutual, and was himself disposed in all good faith to maintain such relations towards her and this defendant does verily believe that the estrangement which took place between himself and wife Sarah would have been long ago healed and permanent peace and union established between them but for the unnatural and injurious influence of Charles Matheny and his wife Lavincy, the one the brother of this defendant and the other the sister of the said Sarah. This defendant further answering saith, that under the most humiliating feeling he has endeavored to repair the wrongs which he committed; he has from time to time expressed to his said wife Sarah, his -------- and sorrow and repentance and proposed to her under the most solemn sanction again to return to his affection and home and the said Sarah on one occasion sent for this defendant and was so fully satisfied upon the interview which occurred between them that she fully and freely acknowledged herself reconciled and accompanied this defendant home. This defendant further says that he proposed to the said Sarah if she was determined to reject all his efforts for reconciliation and union and to live separate and apart from him, he would settle upon her, in any way she might direct one third of his whole estate. In fact this defendant, has exhausted every effort to heal the breach made between himself and his said wife Sarah, which he hopes to establish by her own admission and other testimony.
"This defendant does admit that smarting under the pain and grief of his recent unhappy difficulties with his said wife Sarah he did avow it as his intention to sell off his property and leave this State, that design is now abandoned�all which matters and things this defendant is ready and willing to aver, maintain and approve as the Honorable Court may direct, and humbly prays to be hence dismissed with his writs and charges in this behalf most wrongfully sustained."
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