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It
is 3 p.m. on Aug. 2, 1905. Anna Carol sits on the witness stand,
ready to testify at the divorce trial of Lide and John Zintheo.
The Zintheos have employed 40-year-old Carol as their maid/nanny
for the past 10 years to watch over daughters Irene, 12, and Lillian,
10.
Did
Mr. Zintheo ever call his wife names or curse? the lawyer
asks.
He called her a chippy,
an ignorant fool and a god dam whore," replies Carol. "He
once told his daughter Irene he wold break her god dam neck
if she wouldn't shut up.
She went on to answer question
after question about how Mr. Zintheo frequently cursed in front
of the whole family. She said Zintheo called his wife defiling
names called because he thought she was intimate with one Mr.
Biggs, even though she denied the affair.
Carol never witnessed any physical
abuse but said once Irene, Zintheo's daughter, had a scratched
and swollen face. Irene told Carol her father had done it because
she was late going to school. Carol also told of how Mrs. Zintheo
once sold an oven and then had to promise to return the money
because her husband threatened to strike her.
The Zintheo marriage that began
on Dec. 24, 1889 was now coming to an end. The judge ruled that
Mrs. Zintheo had, in fact, committed adultery at Merchant's
Hotel in Kerkhaven, Minn., on Jan. 23, 1905 with Mr. Biggs.
The judge also found that there
was no evidence of cruel and inhuman manner toward Mrs. Zintheo
or the children. Mr. Zintheo received custody of the children,
and his wife was not entitled to any alimony, suit money or
interest in property. Her husband was required to pay for her
lawyer fees, which added up to $250.
Soon after the ruling on Sept.
12, 1905, the children were placed at Sacred Heart Academy,
so Mrs. Zintheo couldn't interfere with them. |
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Lide
and John Zintheo |
When
people look back on the divorce rate around 1900, the rate doesn't
seem nearly as high as it is today. However, divorce was much more
common than people may think. An unknown North Dakota poet wrote
about how marriage isn't what people may think it is.
If
you think that Marriage is love and kisses
And
being forever Mr. and Mrs....
According to court records, on Sept.
24, 1882, Frances and John Goldthorp were granted a divorce because
he had left his wife. Similarly, Chester and Mary Groskreutz were
married in Germany on April 6, 1922. Soon after, Mary packed up
her belongings and the couple's five-year-old son. She went to be
with another man.
At age 60, Benjamin Balch married
his 25-year-old wife Sarah in Arkansas. Three years later they received
a divorce because Sarah had left and her whereabouts were entirely
unknown.
In the divorce of Emma and Louis Yorke,
she testified that on Oct. 22, 1891, she accidentally saw
in a New York newspaper certain notices announcing that Louis A
Yorke, her husband, had obtained a divorce from her, Emma M. Yorke,
by alleged default. This was the first information she had
of these proceedings.
While Louis was out to sea, he claimed
his wife had an affair. Louis testified, No sir, they didn't
deny it, but said if I would say nothing about it, but keep still,
they would give me $60,000.
With
wedding bells and bridal chime
And
organ music all the time,
With
compliments throughout the day,
Ida and Melvin Hildreth didn't have
the perfect marriage, either. Ida wrote a letter to her husband
stating: It seems to me that I have told you times enough,
so it ought not to be necessary to say again that you cannot come
here again. I have no desire to see you and nothing more to say.
She wrote another letter on May 28,
1886, saying: Your action Sunday night decided me that I would
have nothing more to do with you. I have packed your things and
sent them. This is my own uninfluenced decision and is unalterable.
As
pleasant as your bride's bouquet,
With
honey for breakfast and nectar at noon
And
years and years of a honeymoon...
One of the most interesting cases
John Bye, archivist for North Dakota State University, found was
a Chicago woman divorcing her husband for having an affair.
In the file were a series of
letters she wrote to her husband shortly before leaving to Fargo
for the divorce. The physical item [in the file we got] was two
glass bottles of Santal Midy from Paris, France. One
bottle is still sealed shut, full of brown-colored pills. According
the testimony of a physician in the depositions this is for the
treatment of gonorrhea in women at the time, Bye said.
Not only did the average town folk
come to Fargo for their 90-day divorce. Many famous people would
come to the area, take up residency and end their matrimonial state.
Sadie Corbett filed for divorce from
her husband James J. Corbett, 1892 heavyweight champion boxer, on
June 27, 1895. Maude Ganger, a Broadway theatrical star, was said
to be here, but her files are now missing. The same situation happened
with Cora Tanner, another Broadway star best known for the lead
in Sporting Life. Her record is now blank.
Senator R.N. Ink and his wife got
a divorce on the grounds of cruel and inhuman treatment. Ink had
served two terms in the North Dakota Legislature in 1891.
Evidence was of such rich and
racy nature that Judge Pollock excluded spectators from the courtroom,
The Forum reported.
Bye receives many files on divorces that have taken place in North
Dakota. The actual divorce files were originally housed in the Cass
County District Court offices. Which administers divorce law. Early
last year, the Fargo fire inspectors told the clerk of court office
they could no longer store their case files in the attic due to
the air handling system machinery. It was at that time that NDSU
archives accepted all the civil case files for Cass County, from
the first cases in the 1870s to 1942. These files include the divorce
files, Bye said.
We are now in the process of
re-foldering and re-boxing some 350 linear feet of records. I might
add that, by law, the divorce cases can be thrown after 100 years
of completion of the case. We, in consultation with the state Archives,
felt it important to preserve the early divorce cases from the 1890s,
when North Dakota had only a 90-day residency requirement for obtaining
a divorce, he said.
Well,
I'm sorry to have to tell you this,
But
Marriage is no way this much bliss.
Fargo was once the world's quick divorce center for two decades.
There was only a 90-day waiting period required to receive a decree.
On June 4, 1950, Fred W. Compton wrote a story for the Fargo Diamond
Jubilee Edition of the Fargo Forum about how Fargo was the divorce
capitol of North Dakota.

Fargo,
North Dakota |
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Because
of the 90-day residence law, pretenders dropped a suitcase
in a hotel room, paid rent in advance and, three months later,
returned to begin legal action as a resident, he wrote.
Prior to 1899, only 90 days residency
was necessary to receive a divorce. From 1866 to 1877, applicants
for divorce could come to Dakota Territory and begin action
on the morning of the petitioner's arrival, the article said.
Lawmakers amended the code in 1877 and made the 90-day law.
Divorcees coming to Fargo often
resided in boarding houses at Eighth Street South and First
Avenue to Third Avenue. The Old Swart House at 109 9th St. N.
was a rendezvous for many. Those locations are all within three
blocks of what today is known as Island Park.
Back in those years, irreconcilable
differences weren't a choice for divorce, as it is today. There
were only seven grounds for divorce. They were adultery, extreme
cruelty, desertion, willful neglect, habitual intemperance,
conviction of felony and insanity. |
Today,
married couples often try counseling before they divorce. But back
in the 1900s, counseling wasn't that easy or accepted. The Rev.
Jim Levitt from Bethel Evangelical Free Church in Fargo said divorce
was looked upon as a sign of complete failure. The basic response
wasn't to go for help because there was such a stigma against divorce.
Thus, the marrying verse, till
death do us part didn't seem to hold up in the 1900s, either.
Affairs and desertion seem to be the most common themes for separating
the husbands and wives who once made that pledge to one another.
Unfortunately, married couples didn't feel open enough to be able
to get the help most seek in the 2000s. Yet with all the help available
to couples, the divorce rate continues to climb.
Photo
of the Zintheo family courtesy of the Cass County District Court
Records, Institute for Regional Studies, NDSU, Fargo, North Dakota
Photo of the Divorce Mill courtesy of the Clay County Historical
Society, Moorhead, Minnesota
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