Allegany County MD Archives Divorce..... Ross, Joanna Wilson - Ross, Elkanah Grafton 1881
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File contributed for use in USGenWeb Archives by:
Shawn McGreevy [shawnmcgreevy@geatz.com]


Petition for divorce of Joanna Wilson Ross from her husband, Elkanah Grafton Ross 
from 1881 when Joanna petitioned the court for divorce in the grounds of desertion. 
Apparently, Elkanah Grafton Ross deserted her and their two children in August of 
1874 when she refused to sign over her property to him. He stole her horse and then 
went to Barton and sold it. Joanna filed for divorce 14 Jan 1881. The depositions 
of her mother, Sophia Wilson Ross, and her uncle, David McElfish follows:
 
My name is Sophia Ross. I was forty-eight last June. I live on Murley's Branch in Allegany County.
Q. Do you know the parties to this suit, if so, state how long you have known them and where they 
   now reside?
A. I know the parties to this suit. I am the mother of Joanna Ross. Joanna I have known since birth. 
   Grafton Ross married my daughter, Joanna. I have known him about fifteen years. My daughter is now 
   living with me. I don't know where he is but I know he is not living in the state of Maryland.
Q. State when and by whom Grafton Ross and Joanna Ross were married and where they lived after their 
   marriage so far as you know.
A. They were married about the 26th of December 1870 by the Rev. John McElfish at his house on 
   Murley's Branch. After their marriage they went away and stayed about a week and then came to our 
   house in Allegany County and remained there until the next spring then they moved in a house on the 
   place where we lived on Town Creek. they lived there some time. We then moved back to Murley's 
   Branch and then a short time after they came to live with us. They remained with us until he left 
   her in August 1874.
Q. State whether or not they have been living together since August 1874 and if not why and state all 
   the circumstances within your knowledge fully.
A. They have not been living together since August 1874. I do not know what reason he had for leaving 
   her unless it was because she would not give him the balance of her property. He had spent all of 
   her money except a small interest om a farm and fifty acres of land on Murley's Branch. I heard him 
   say one night to his wife that if she did not make over this property to him he would make a blood 
   pillow of her before morning and take the child and leave. This was a short time before he left in 
   August 1874.
Q. Please state if you can where he went and if he ever returned after August 1874. If so, when and 
   state the circumstances fully.
A. I don't know where he went. Some time in the fall of 1874 he came back one night about two o'clock 
   in the morning and had some man with him. He wanted to get in the house but I would not let him in. 
   He then threatened to break open the door. I then went for my brother Lawrence Wilson and when he 
   came I let him in. Both Ross and the other man were drunk and after he got in he just sat there 
   staring as if in a drunken stupor. At this time he stated he had been to Grafton, West Virginia. 
   These men stayed then until about ten o'clock that morning when he went off and I have never seen 
   him since although my daughter has been living with me ever since.
Q. State what the conduct of Joanna Ross was towards her husband while they lived together and what 
   cause if any she ever gave him for leaving her.
A. As far as I know she acted towards him as a kind and good wife should and to the best of my knowledge 
   she never gave him any cause for leaving her and I don't think she ever used a cross word to him.
Q. Please state whether of not in your opinion there is any reasonable expectation of reconciliation 
   between them and give your reasons for such opinion.
A. I don't think there is any expectation of a reconciliation between then and I don't think they will 
   ever live together again owing to his treatment towards her. Whenever he could get liquor he drank to 
   such extent as to make him cross, abusive and quarrelsome.
Q. Please state whether or not your daughter had any children by Grafton Ross, if so, how many, what are 
   their ages and where are they living.
A. She had two children by him. One was nine years old last September. The other will be seven next August. 
   They are living with me. I have kept the family ever since he left. The oldest is named Allie Maria, 
   and the other Cora Bell Ross.
Q. State whether or not either the said Grafton Ross or Joanna Ross have any property of any kind, if so, 
   what and where is it.
A. He has no property of any kind that I know of and has never except this small interest that I have 
   spoken of on Murley's Branch. He sold all the personal property they had before he left except two 
   horses and these he took whit him. One of these horses was her own horse as I gave it to her. The 
   interest of Mr. Ross in the property on Murley's Branch is a one third interest in one hundred and 
   fifty acres of land which she inherited from her father.
 
The deposition of David McElfish:
Q. Please state your name, age, and residence and occupation
A. My name is David McElfish. I am sixty-eight-years old. I live on Murley's Branch in Allegany County. 
   I am a farmer.
Q. Do you know the parties to this suit, if so, how long have you known them and where they now reside.
A. I have known Grafton Ross about fifteen years and Mrs. Joanna Ross ever since she was born. Mrs. Ross 
   resides on Murley's Branch and for my part I don't know where Grafton Ross is.
Q. State when and by whom they were married and where they lived after they were married so far as you know.
A. I did not see them married but I know they were married by the Rev. John McElfish at his residence on 
   Murley's Branch about three years ago and after they were married they went to live on Town Creek. They 
   lived there about two years or such and then they moved to Murley's Branch and lived with Mrs. Sophia 
   Ross until he left-some time in August 1874.
Q. State whether or not they have been living together since August 1874 and if not, why, and state all the 
   circumstances within your knowledge fully.
A. They have not been living together since August 1974. I don't know any reason he had for leaving her. I 
   don't think he had any cause for doing so. I don't know anything about his wanting to get his wife's 
   interest in one hundred and fifty acres of land on Murley's Branch but I do know that he wanted to sell 
   it to me and I told him I would buy it if she wanted to sell and at the same time he told me that if he 
   could sell out he was going to leave. My opinion is that the reason...(?) reasons of this trouble between 
   Ross and his wife was because she would not convey his interest in the above property to him. I know he 
   had spent everything he owned himself and had also spent all his wife's personal property and was trying 
   to get hold of her interest in this land.



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