The Jordan Story

James and Margaret Jordan Chapters

Separation and Divorce

by Dave Jordan

When I began my genealogy research in the mid-1970s, my father thought that either his grandparents James and Margaret Jordan and/or his g-grandparents James and Elizabeth Jordan were divorced. As a result a request for information on a possible divorce of James and Margaret Jordan was sent to the Clerk of the Circuit Court of Cook County, Chancery and Divorce Division on September 3, 1976. The Circuit Court responded on December 15, 1976, that they had on record a case being filed for James and Margaret Jordan, but that it was dismissed on February 3, 1915. The reason for the dismissal was that time has passed and nothing was done about formalizing the divorce so the Judge dismissed the case. The case file number was 309740.

Subsequently, copies of the following documents were obtained from their file and later transcribed to provide convenient reading for interested parties.

In November 1911, Margaret left the Jordan home at 7237 South Vincennes with her five children. In her complaint, she was seeking to keep her husband James from taking away her children and her furniture. It is unknown where she went but in 1914 she lived at 6633 Wentworth in Chicago. The address listings provide other listings for this time period, and they were generally in the same area of Chicago.

The complaint is rather lengthy but provides interesting insights into life in the Jordan household in the early 1900s.

 

Bill of Complaint

Perley H. Bishop
100 Washington St. Chicago

TO THE HONORABLE THE JUDGES
OF THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS, IN THE STATE OF ILLINOIS,
IN CHANCERY SITTING:

The complainant, Margaret J. Jordan, exhibits this her Bill of Complaint against James O. Jordan, whom she hereby makes party defendant to this Bill of Complaint and complaining states:

That she now is, and for more than one year next proceeding the filing of this Bill of Complaint has been an actual bona fide resident of the State of Illinois.

That on the 30th day of December, 1896, she was married to said defendant at Chicago, Illinois, and thereafter, except as hereinafter stated, lived with him as his wife, and during all of said period said Complainant conducted herself toward her said husband as a true and faithful wife.

That five children were born of said marriage; that their names and ages are as follows: Herbert, aged thirteen years, Frances F., aged eleven years, Edward A., aged nine years, Charles J., aged eight years, and Arthur S., aged seven years.

That since said marriage between said Complainant and said defendant said defendant has been guilty of extreme and repeated cruelty toward said Complainant; that in August, 1911, the said defendant, without any cause, became angry at this Complainant, and struck her violently with his fist; that again, on or about September 25, 1911, the said defendant, without any just cause, became angry at said Complainant and struck her violently with his fist; that on the 25th day of October, 1911, the said defendant became angry at complainant without any just cause and struck her upon the head with a chair; that as a result of said last mentioned assault the said Complainant was severely injured upon and about her head and body and her eye was blackened and remained so for some time thereafter; that at [divers] other times since their said marriage the said defendant, without any just cause, has beaten, struck, kicked and otherwise treated Complainant with cruelty and violence; that at all times when said defendant struck Complainant as aforesaid, and at other times, he used toward her profane, insulting and abusive language.

That for several months last past the said defendant has neglected and refused to furnish Complainant and her children with sufficient food for their nourishment and sustenance; that he is capable of earning, and has earned and received, during the greater part of their married life, wages amounting to about Eighty Dollars per month, and has been, and is now, well able to properly care for and support his family.

That all of said children have been attending the public schools in Chicago; that during the last term of school the said defendant neglected and refused to buy books for some of said children and as a result thereof they were not permitted to attend school and were sent home by their teachers several times; that by reason of said defendant's failure to properly support and maintain Complainant and her said children Complainant has been compelled to seek employment and for several months last past she has been engaged in playing a piano at nickel theaters; that her employment take her away from home during the evening and at such times she has left said children at home with said defendant; that on several occasions during the months of August, September and October, 1911, while Complainant was away from home and at work, the said defendant has gone to bed early in the evening and left said children alone and permitted them to run at large and play upon the public streets until late at night without any care or protection whatever, until the neighbors took charge of them.

That said defendant has also refused and neglected to pay the rent for the premises where the family has been residing, and as a result thereof the landlord has caused a five days notice to be served upon him to the effect that if said rent was not paid within five days their tenancy would terminate and they would be compelled to move elsewhere.

That a part of the furniture in their home was purchased upon the installment plan and the deferred payments were secured by chattel mortgage thereon and the defendant has neglected and refused to pay such installments and several of them are now due and unpaid, and the mortgagee threatens to foreclose said mortgage if such payments are not made.

That for several months last past the said defendant has been greatly interested in Spiritualism; that he frequently mutters and talks to himself and pretends to be in constant communication with the shade of a departed Indian through the medium of which he communicates with the spirits of departed friends; that he has endeavored to teach his children the mysteries of Spiritualism and to make them so called mediums and has told them that each one of them was being followed, controlled and guided by the shade of a departed Indian, and as a result thereof said children have become frightened, nervous and excitable.

That several times during the past few months said Complainant has remonstrated with defendant for his failure to provide for his family and has protested against the spiritualistic doctrine which said defendant has endeavored to teach the children as aforesaid, and has told him that if he did not act differently she would be compelled to leave him and take the children with her; that said defendant has several times informed Complainant that if she attempted to do anything of that kind he would take the children away form her and place them where she would never see them again.

That after defendant assaulted Complainant on the 25th day of October, 1911, as aforesaid, and by reason of the conduct of said defendant as hereinbefore alleged, Complainant endeavored to find a place where she could go with her children so that she and the children would be removed from the improper influences and conduct of said defendant, and on the 7th day of November, 1911, Complainant took her furniture from the premises where she had been living with defendant as aforesaid, and she and the said children are now living in another part of the city in a house rented by Complainant where she can properly care for, nourish and educate said children.

That Complainant has no money or property, except the household furniture as hereinbefore alleged, and the her only income is derived from her employment as a piano player as aforesaid, and that her income therefrom does not exceed Ten Dollars per week; that said amount is insufficient to properly care for, maintain and support herself and her children.

That said defendant is a strong, healthy man, and earns about Eighty Dollars per month as aforesaid, and is well able to care for and support his said family.

That Complainant fears that as soon as said defendant learns her whereabouts he will take said children away from Complainant as he has many times threatened he would do, as hereinbefore alleged, and she also fears that he will assault and beat Complainant and take said household furniture away from her unless he is restrained from so doing by the order and injunction of this Honorable Court.

WHEREFORE Complainant prays that the said defendant may by required to make full, true and direct answer to this Bill of Complaint, but not under oath, his oath to such answer being hereby waived.

That pending the hearing of this cause the said defendant may be restrained by the order and injunction of this Honorable Court from taking, or attempting to take, any of said children from the custody of said Complainant and from in any manner interfering with the said children or with Complainant, and form interfering with, or attempting to interfere, with Complainant's, possession of the household furniture hereinbefore mentioned.

That during the pendency of this suit said defendant may be ordered and directed to pay said Complainant a reasonable sum as alimony for the support and maintenance of herself and her said children, and also a reasonable sum for Complainant's solicitors fees in and about said cause.

That upon the final hearing hereof said Complainant may be divorced and forever freed form the bonds of matrimony now existing between herself and said defendant, and that said defendant may be required to pay to Complainant, as permanent alimony, a reasonable sum for the support and maintenance of herself and said children, and also a reasonable sum for her solicitors fees in and about the prosecution of this cause.

Complainant further prays that a writ of summons may be issued directed to the Sheriff of said County of Cook commanding him that he summon said defendant, James O. Jordan, to appear before the said court upon the first day of the November, 1911, term thereof to be held at the courthouse in Chicago, in said County of Cook, then and there to answer this Bill, etc., and that a writ of injunction may be issued without bond, directed to said defendant, restraining him from taking, or attempting to take, any of said children from the custody of said Complainant and from in any manner interfering with the said children or with Complainant, and from interfering with, or attempting to interfere, with Complainant's possession of the household furniture hereinbefore mentioned, until the further order of the court herein; and for such other, further, or different relief in the premises as equity may require and to your Honors may seem meet and proper.

Margaret J. Jordan
Complainant

P.H. Bishop
Solicitor for Complainant

 

Sworn Statement for Bill of Complaint

STATE OF ILLINOIS
COUNTY OF COOK

Margaret J. Jordan being first duly sworn, upon her oath deposes and says that she is the Complainant in the above entitled cause; that she has read the foregoing Bill of Complaint by her subscribed and knows the contents thereof; that the statements therein made are true of her own knowledge.

Affiant further says that by reason of the violent temper and threats of said defendant, as alleged in said Bill of Complaint, said Complainant fears that if said defendant is notified of the application of Complainant for a divorce and for an injunction before the same is issued, he will attempt to take her children from her possession and will endeavor to take said furniture from her and will assault and abuse her.

WHEREFORE affiant says that the rights of affiant as Complainant in said Bill will be unduly prejudiced if said injunction is not issued immediately and without notice to said defendant.

Affiant further says that she has no money or income, other than as alleged in said Bill of Complaint, and has no friends or acquaintances who are the owners of property whom she can ask to sign her bond herein as surety, and for those reasons affiant is unable to furnish an injunction bond.

Margaret J. Jordan
Subscribed and sworn to before me this 8th day of November, 1911.

E. C. Keopf
Notary Public

 

Authorization for Injunction

MARGARET J. JORDAN
vs
JAMES O. JORDAN

309740

Upon reading the Bill of Complaint and accompanying affidavit, heretofore filed herein, it is ordered that a writ of injunction issue in the above entitled cause as prayed in said Bill of Complaint, without notice to said defendant and without bond.

Charles M. Walker
Judge

 

Writ of Injunction

INJUNCTION WRIT-Circuit Court
STATE OF ILLINOIS
COOK COUNTY

The People of the State of Illinois:

To: JAMES O. JORDAN

and your Attorneys, Solicitors, Agents and Servants, and to each and every of them, GREETING:

WHEREAS, IT hath been represented to the Honorable the Judges of the Circuit Court of Cook County, in the State aforesaid, on the part of

MARGARET J. JORDAN

Complainant in HER certain bill of Complaint, exhibited before said Judges, and filed in said Court against you, the said

JAMES O. JORDAN

among other things, that you are combining and confederating with others to injure the complainant, touching the matter set forth in said bill, and that your actings and doings in the premises are contrary to equity and good conscience. And Honorable CHARLES M. WALKER one of said Judges, having entered an order that a Writ of Injunction issue out of said Court, according to the prayer of said Bill: We, therefore, in consideration thereof, and of the particular matters in said bill set forth, DO STRICTLY COMMAND YOU, the said

JAMES O. JORDAN

and the persons before mentioned, and each and every of you do absolutely DESIST AND REFRAIN FROM taking, or attempting to take, any of said children from the custody of said Complainant and from in any manner interfering with the said children or with Complainant, and from interfering with, or attempting to interfere with Complainant's possession of the household furniture now in her possession, until the further order of the court herein until this Honorable Court, in Chancery sitting, shall make order to the contrary. Hereof fail not, under penalty of what the law directs.

To the Sheriff of said County, to execute and return in due form of law.

Witness, JOSEPH E. BIDWILL, JR., Clerk of said Court, and the Seal thereof, at Chicago, aforesaid, this 9th day of NOVEMBER A.D. 1911

Joseph E. Bidwill Jr. Clerk

 

Chancery Summons

CHANCERY SUMMONS-Circuit Court
STATE OF ILLINOIS
COOK COUNTY

The People of the State of Illinois,
To the Sheriff of said County, GREETING:

WE COMMAND YOU THAT YOU SUMMON

James O. Jordan

if he be found in your County, personally to be and appear before the Circuit Court of Cook County, on the first day of the term thereof, to be holden at the Court House in the City of Chicago in said Cook County, on the third Monday of November A. D. 1911 to answer unto

Margaret J. Jordan in her certain Bill of Complaint filed in said Court, on the Chancery side thereof.

And have you then and there this writ with and endorsement thereon, in what manner you shall have executed the same.

WITNESS: JOSEPH E. BIDWILL, Jr., Clerk of our said Court, and the seal thereof, at Chicago, in said County, this 9th day of November A. D. 1911

Joseph E. Bidwill Jr. Clerk

 

Summons for James Oscar Jordan
As a result of the complaint and summons, James Oscar Jordan was to appear in court on the third Monday of November to respond to the complaint and to begin divorce proceedings. However, James apparently decided to avoid the summons and the complaint.

On November 20, 1911, Sheriff Zimmer reported that James could not be found within the County. From a note on the file, it appears that around December 8, 1911, the sheriff had evidence that James was living with his mother at 2049 W. 12 St.

A second summons went out for James Oscar Jordan on January 26 to appear in court the third Monday of February 1912. Notes on the file indicate: that James could be found in the evenings at the rear of 2049 W. 12th Street, that he was possibly using an alias, and that he was living with his father. It is now known that his father had died when he was about 7 years old. A copy of the summons was delivered to James' mother, Elizabeth Jordan on February 2, 1912, as follows:

"Served this writ on the within named defendant James O. Jordan by leaving a copy for him at his usual place of abode with Elizabeth Jordan a member of his family, a person of the age of 10 years and upwards at the same time informing her of contents thereof, this 2nd day of February 1912, MICHAEL ZIMMER, Sheriff, By James Sedlak, Deputy."

No other records of an appearance or summons were found and it appears that James just ignored the summonses. The case, 309740, was eventually dismissed on February 3, 1915 by the Judge because there was no additional activity.

Margaret after 1911
After the November 1911 Complaint, Margaret and the five kids began to live on their own. According to Harold Jordan, my Grandfather Herbert was the oldest at age 13 and had to get a job and drop out of school to help support his mom and the other four kids. Grandfather Herbert Jordan taught himself to play the drums and accompanied his mom, Margaret on the piano at the silent movie theaters. According to family tradition, Margaret became the first licensed organist in the city of Chicago.

The Divorce
In his November 1977 letter, Chuck Jordan, son of James and Margaret Jordan wrote that his parents, James and Margaret were divorced in 1919. A request was then made in January 1978 for another search by the Clerk of the Circuit Court of Cook County to find the divorce record for James and Margaret Jordan. With this new information the Circuit Court sent copies of the Divorce File 309740.

The documents obtained are as follows:

 

Placita

PLACITA-CIRCUIT COURT OF COOK COUNTY, ILLINOIS
UNITED STATES OF AMERICA

STATE OF ILLINOIS
COOK COUNTY

PLEAS, before the Honorable Anton T. Zeman one of the Judges of the Circuit Court of Cook County, in the State of Illinois, holding a branch Court of said Court, at the Court House, in the City of Chicago, in said County, and State, on June 19, in the year of our Lord, one thousand nine hundred and 19 and of the Independence of the United States of America, the one hundred and 43.

PRESENT:
The Honorable Anton T. Zeman
Judge of the Circuit Court of Cook County

Maclay Hoyne State's Attorney
Charles W. Peters Sheriff
Attest: A. W. Miller Clerk

BE IT REMEMBERED, that heretofore, to-wit: On the 19th day of June A. D. 1919, the following among other proceedings were had and entered of record in said Court to-wit:

 

Divorce Decree

DECREE FOR DIVORCE
STATE OF ILLINOIS
COOK COUNTY

CIRCUIT COURT OF COOK COUNTY
May Term, A. D. 1919

MARGARET J. JORDAN
vs.
JAMES O. JORDAN )

NO. B-50449

This day came again the said Complaint by BUELL, BISHOP & OGDEN her Solicitors and it appearing to the Court that said Defendant has had due notice of the pendency of this suit by publication of notice once each week for four successive weeks, and that thirty days intervened between the first publication and the first day of the term at which the defendant's default was taken according to the Statute in such case made and provided, that the default of said Defendant was taken and the Complainant's Bill of Complaint herein taken as confessed by said Defendant.

And the Court having heard testimony taken in open Court, in support of said Bill of Complaint (a certificate of which evidence is filed here in), and now being fully advised in the premises, doth find that it has jurisdiction of the parties hereto and the subject matter hereof; that the Complainant is and since prior to the filing of said Bill of Complaint has been an actual resident of Cook County, and has been a resident of the State of Illinois for over one whole year next before the filing of the Bill of Complaint herein; that the parties hereto were lawfully joined in marriage at Chicago, Illinois, on December 30, 1896;

that subsequent to their intermarriage the Defendant James O. Jordan, in August 1911, pushed the complainant from the porch into the kitchen thereby bruising the complainant; and in September or October, 1911, he again twisted the complainant's wrists and pushed her up against the wall and thereby her wrist were made lame and sore; and in the latter part of October, 1911, he again struck complainant in the face with a chair thereby causing black and blue marks upon her face; and has been guilty of extreme and repeated cruelty as charged in the Complainant's Bill of Complaint.

On motion of said Solicitor of the Complainant, it is therefore Ordered, Adjudged and Decreed, and this Court by virtue of the power and authority therein vested, and the Statute in such case made and provided, doth order, Adjudge and Decree, the bonds of matrimony heretofore existing between the Complainant MARGARET J. JORDAN and the Defendant JAMES O. JORDAN be and the same are hereby dissolved, and the same are dissolved accordingly.

The Court further finds that five children were born of said marriage; that three of said children named respectively Edward A. Jordan, Charles J. Jordan and Arthur S. Jordan are minors and that they are all living with complainant; that complainant is a suitable and proper person to have the custody of said children.

IT IS THEREFORE FURTHER ORDERED by the Court that said complainant do have the exclusive care, custody, control and education of said minor children.

Anton T. Zeman
Judge
June 19, 1919

 

Attached to the Decree was the following:

Statute on Remarriage

Section 1a--Chapter 40--Revised Statutes of Illinois

Remarriage within one year forbidden.

1a. That in every case in which a divorce has been granted for any of the several causes contained in section 1 of said act, neither party shall marry again within one year from the time the decree was granted; provided, when the cause for such divorce is adultery, the person decreed guilty of adultery shall not marry for a term of two years from the time the decree was granted; Provided, however, that nothing in this section shall prevent the persons divorced from remarrying each other; and every person marrying contrary to the provision of this section shall be punished by IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE YEAR, NOR MORE THAN THREE YEARS, and said marriage shall be held ABSOLUTELY VOID.

 

Margaret's Divorce
 With this decree, Margaret became officially divorced on June 19, 1919. As part of the divorce, Margaret was given custody of her younger children Edward about age 17, Charles about age 15, and Arthur S. about age 14. Her oldest child, Herbert was almost 21 and had married my Grandmother in 1918. Margaret's oldest daughter, Frances was about 20 years old and continued to live in Margaret's household.

One year after the divorce, on June 24, 1920, at age 42, Margaret married Robert Aaron Graham, age 45. R. Keene Ryan, a Presbyterian Clergyman was the minister. It is interesting to note that the marriage was just a few days more than the one year decreed by the divorce statute of the times, suggesting that the dormant divorce paperwork was prompted by a desire by Margaret to marry Robert Graham.

Robert was no stranger to Margaret as he was living in the Jordan household at 7237 Vincennes in the 1910 census as a boarder. This is the same location where the troubles with James Oscar took place as testified in her November 1911 Bill of Complaint. Robert was born between 1874 and 1880 and was thus about the same age as Margaret who was born in 1878. Whether Robert was a provocateur is not known but it is guessed as unlikely given the long time between 1911 and their marriage in June 1920 and the dormancy of the complaint for years. More likely Robert was a friend that knew her troubles and they kept in touch or lived nearby for years as she raised her children and supported herself. In the January 1920 census, shortly before their marriage, Robert is again shown as a roomer in Margaret's household now at 7007 Normal. Throughout this period Robert worked as a motorman for a streetcar company. Robert and Margaret went on to a long marriage and moved to California in the 1930s.

 

Notes
  1. Initial Web Publication Date: 8/24/2002
  2. Modified:
  3. Desktop Master file: Stories_Jordan