Heimberger divorce 1843
State of Illinois, St. Clair County } In the St. Clair Circuit Court of the April Term AD 1843
Marie Heimberger vs. Gustavus Heimberger } In chancery for a Divorce.
To the Honorable Sidney Brease associate Justice of the Supreme Court of the State of Illinois aforesaid to hold Circuit Court in the second Judicial Circuit of which St. Clair forms a part.
Humbly complaining showeth unto your Honor your Oratrix Marie Heimberger, a resident of St. Clair County aforesaid, in which county she has resided more than one whole year previous to filing her bill or petition that she was in, or about the twenty-fifth day of March in the year of our Lord, one thousand eight hundred and thirty eight joined in the bonds of matrimony to Gustavus Heimberger of St. Clair County aforesaid, and that she an the said Gustavus. Lived together as man and wife till on or about the second day of November, AD eighteen hundred and forty, when the said Gustavus without any reasonable cause having been given for so doing, willfully deserted and absented himself from your oratrix and his since continued absent, it being for the space of two years and upwards, that he has willfully deserted and absented himself from your oratrix.
And your oratrix further showeth that she is the mother by the said Gustavus of two children, both boys, the one three and the other four years old, which he (?) abandoned and left fatherless at a time when they required his protection, which children have remained with your oratrix ever since she and they were abandoned by the said Gustavus.That when she was married to the said Gustavus she had about three hundred Dollars worth of property, all of which the said Gustavus squandered before he left your oratrix, and left her entirely destitute and without any means of supporting herself and his and her children, and has ever since entirely neglected and refused to provide any thing for her & his and her children’s support.
Your oratrix further showeth that she never gave the said Gustavus any cause thus to desert her & her children, that she always treated him kindly and as became a wife, that she has used every effort to induce him to return and live with her and assist in bringing up their offspring and she knows not why he refuses so to do.In consideration of the premises and to the end that your oratrix upon proof of the above allegations may be divorced from the said Gustavus, and the bonds of matrimony heretofore existing between them may be dissolved, that your oratrix may be permitted to return the custody of her children and that she may have such further relief in the premises as to your Honor shall seem meet and the nature of her case may require.May it please your Honor to grant unto your oratrix the People’s writ of subpoena requiring the said Gustavus to appear and answer the allegations in this bill contained.And your oratrix in duty bound will ever pray – Marie Heimberger by L. G. Trumbull, her Solicitors.
Submitter notes : Gustavus Heimberger married Marie LaFontaine in St. Clair County, Illinois, 25 May 1838, lic#319. Children - Rudolph, born 29 December 1838, Mascoutah, St. Clair Count, Illinois; Gustavus (jr), born 1840, Mascoutah, St. Clair County, Illinois.Gustavus (sr) was born in Germany, fled to America c. 1833, was in Mexican War (1846-48), 3rd Regt Louisiana Foot as Lieutenant, lost arm at Tampico.Rudolph Heimberger, Color Sergeant, Co F, 9th Regt Illinois Infantry, served 3 years (1861-1864), 63 battles, never wounded.Please send comments - [email protected]