Craven-Carteret-Jones County NcArchives Court.....Thomas D. Foy, Harriett J. Foy Vs 1851 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 April 25, 2011, 8:13 pm Source: Nc Archives Written: 1851 #6535 HARRIETT J. FOY vs THOMAS D. FOY Craven and Carteret Co. Dec 1851 NOTE: Although this case started in Craven Co. and was then moved to Carteret Co., the Foys lived in Jones County. Letters copied Superior Court Craven Co Sept 1850 Harriett J. Foy by her attorneys William H. Washington and Richard S. Donnell on 9 Jan. 1844 Harriett J. Smith had the misfortune to marry the def, Thomas D. Foy she was very young at the time and had little acquaintance with the def but from his connections and friends she thought him a gentleman from the beginning he was not kind but she expected things to improve after a year things changed in his treatment of her and he was cold and negligent and left home for days and nights at the time and was guilty of adultery with women of vile and abandoned character the said Harriett then learned he was guilty of forging the name of John E. Foscue in June 1844 to a note he deposited to the Bank of New Bern sd Harriett stated that upon being discovered the sd Thomas deserted her and she moved in with her mother in New Bern sd Thomas was living in Jones Co. in hiding sd Thomas had an adulterous relationship with slaves especially one Hannah the property of Sarah E. Burguyn of Jones Co. and also with a slave, name unknown, the property of John E. Fortiscue (sic) of Jones Co., and also with Milly the property of George E. Pitchett and Olivia Pitchett Sd Thomas often visits in Wilmington where once he contracted a foul disease he told sd Harriett he married her not for affection but for her property Harriett wants a divorce Answer of Thomas D. Foy he admits the marriage was a misfortunate occurrence - he stated the sd Harriett was 16 when they married and they had an intimate acquaintance and friendship between them and their families for many years the sister of sd Harriett had married the brother of sd Thomas sd Thomas stated he made a voluntary settlement at the time of marriage to a large part of her property which she still has he admits to a loss of temper but denies the few months they lived together that he was guilty of any wrongs and she appeared happy he denies being unfaithful the John E. Foscue mentioned was a man of intemperate habits, of a capricious disposition and often drunk and he often signed his name to documents Thomas does not admit guilt to forgery he stated Harriett abandoned him and refused to live with him he admits Harriett lived with her mother for a number of years and she listened to all the things said about him since she refused to live with him his interest was destroyed he does not admit to a relationship with any slave or commit adultery with anyone and he did not contract a disease and he is shocked by Harriett's statements he denies he hides in Jones Co and never goes to New Bern where she lives Thomas requested the trial be moved to Carteret County and it was so ordered. He submitted several letters Harriett had written him and those letters were part of the case. During the trial it was determined they were married in Jan. 1844 and in July 1844 they went to Beaufort to live. Mr. Fuller, a witness, stated the sd Harriett and her husband had been at his mother's house in Beaufort a few days when C. H. Foy, a brother of the def., came to the house and he and the def. took a walk early in the morning then came back and requested an early breakfast and took the stage to New Bern. Mr. Thorpe, the stage driver confirmed the couple took his stage after 13 miles the def. got out and took his brother's sulky and left the road going to New Bern and took a road to Jones Co where C. H. Foy resided - the sd C. H. got in the stage and went on to Harriett's mother's house. Mrs. Smith, the mother of Harriett, testified sd C. H. took her daughter to her house because sd Thomas had been told he was charged with forgery Harriett then went to sd C. H.'s house in Jones Co. the next day where she met with her husband and they decided it was best for Thomas to leave the State so he went to Alabama where he had a brother Harriett went to New Bern to live with her mother after 3 months, sd Thomas returned to Jones Co. but did not go to New Bern Harriett visited him at sd C. H.'s house and sd Thomas' step mother's house and remained with him for most of 1844 then she went back to New Bern Mrs. Smith testified she told Thomas he was welcome to come and live in her house and he did come one night on horseback and left the next night not seeing his wife who was in bad health sd Smith stated Harriett did write several letters to Thomas expressing her warmest affection Thomas had an attack of fever in Aug 1845 and Harriett visited him and that was the last time they were together. C. H. Foy stated he rented a plantation from his step mother for Thomas in 1846 there was a nice house on the plantation but Thomas did not live in it Thomas got a carriage and horses in the Spring of 1846 and said he was going to New Bern to see Harriett which it appears he did go to New Bern but did not see Harriett. Mrs. Smith stated Thomas made no plans for housekeeping and did not invite Harriett to live with him in Jones Co. Thomas proved that Harriett went to Jones Co. with 2 other ladies to see Dr. Curtis in 1846 but she was cool to him Dr. Curtis did not know she was Thomas's wife (NOTE: This may have been a social visit the way this is stated) Dr. Curtis followed them and got in the carriage with them at the Trent Bridge Thomas stated he did go to Wilmington from the fall of 1846 to 1847 then returned to Jones Co. and stayed with a Pritchett while in Wilmington Thomas met with a Wallace at the house of Malinda Blake who ran a brothel and Wallace stated he saw Thomas have an affair One George Miller was examined he stated he lived with Thomas at Pritchards and they went out with Negro girls including Milley and Thomas had an affair with her sd Miller also stated Thomas had an affair with the slave Hannah One Neal White testified that the character of George Miller, a wit for Harriett, was not good and he would swear a lie for 50 cents several people then testified George Miller was of good character Several witnesses testified the slave Hannah was the property of John Burgwin but wit for the plf said she was the property of Miss Emily Burgwin it was proven that sd John did own Hannah but he became insolvent and sd Emily now owned her The jury in Carteret found he did live with the slave Milly and Hannah among others and they did find he had a disease the Court approved the divorce the def asked for a new trial State of NC, Carteret Co. We Thomas D. Foy, Christopher D. Foy, Charles H. Foy are indebted to Harriett Foy for $1,000 14 Nov. 1851 -------- NC Supreme Court Case #6535 LETTERS Found at the NC Archives No 1 June 5th 1845 Dear Honey, I am well but the baby is not as well as she has been she has got a little fever it is not so about Mrs. Allen. Ma and Mrs. Allen is as good friends as ever they was. I have never been to ride since I saw you I have never been to walk but once and then Jane Hatch came to see me and I returned her visit, and I will do it again if any of my old acquaintances comes from a far distance and calls on me I will return their visits, but as to go a flanting about I don't do it, and you know I never did. You are so unsettled in your opinion until I don't know what to do. when I find that you are settled in your mind what you will do then I can do something suppose I go up the country well perhaps you may be to Charleston if I go to Charleston you may be up the country. I thought if you wait up the court ??? I would try and come up. I possibly could and Henry would carry me. I thought Miles would not come down here no how in the world. if Penn Custis has seen you you had better leave there. He told Henry that I said he was a courting Betsy Howard and that is as great a lie as ever the rascal told. He was the very one that told me. And I told him I did not believe it. If I did not try to keep my temper in I should do mischief. I never got the letter that you sent down by Mrs. Foy until Saturday. I have but few minutes to rite now as Henry is about to start. Dinah has been at the point of death with the bilious colic the same thing Ed died with. I have come to this conclusion that it would be best for us to sell every one and put the money out on interest you must excuse all mistakes and bad riting you blame me for not riting to you and I never get your letters until the ones you send them by is either gone or only give me 5 or 10 minutes to rite. Honey you must not be a showing my letter to every body you must burn them or destroy them some way I pay that we may live once more togeth Ma has been very sick indeed she has had another fit Honey Hear I am a riting to Greensborough and you up there Honey there is no two ways in it you have not treated me rite you rote me words to rite to Greensborough the middle of last week. So I don't intend writing to you any more until you get there and rite me word that you are there and then I will rite. If there is any nuse that I have not told you about perhaps Henry knows. Please don't let any one see this riting for it is outrageous. I remain your ever dear and affectionate wife until death H. J. Foy to Thomas her husband Puss rites a line to you with my help P.S. Ma give my love to pa. I gave her a sweet kiss for you. Sarah E. Foy State of North Carolina, Carteret County I Brian Hellen Clerk of the Superior Court of Carteret County do certify that the foregoing is a true copy of the letter No 1 which was produced in evidence in the trial of the case of Harriet J. Foy vs Thomas D. Foy 22 Dec 1851, Brian Hellen, Clerk No. 2 Newbern 16th 1845 Dear Honey I received your last night with much pleasure and bonnet Honey I think that if I was in your place I would not go through Raleigh. Isaac Guion is dead and was buried Monday. Jacob Kincy has run away with old Mr. Friereo daughter and is married. Henry and William Foy went up to Miss Wilsons last night and so ends all of my nuse. Honey Penn ?? says that he is a cumming up some time this week to see Rebecca but don't you see him he is a sneaking villion. I shall have nothing to do with those folks that you named and several others. Honey you must do the best you can and I will come if I can Sugar Honey you must make haste and go away and be a good Honey Sug. Honey I haven't not time to rite much Puss is almost well send her love to you and so does your Honey. I shall ever remain your Loving and true Wife until death H. J. Foy and Sally your Daughter State of North Carolina Carteret County I Brian Hellen Clerk of the Superior Court of Law for Carteret County do certify that the foregoing is a true Copy of the letter No 2 which was produced in evidence on the trial of the case of Harriet J. Foy vs Thomas D. Foy - 22 Dec 1851, Brian Hellen, Clerk No. 3 Dear Sir, From this you will understand that it is out of my power to go. I wish you to tell him that perhaps I will come up in May or June that he must be satisfied untile then I will try to get Henry to carry me as he will go up about that time do persuade him never to come here to this place that I will come if he will yet a place for me if he will not be persuaded to stay you must try and force him tell him to stay up there in one place an get a place to and I will come tell him that he is as Dear to me as ever I shall never be satisfied untile I get to him. Please to tell Henry to make haste and come down Yours truly H. J. Foy This letter is directed on the back to Miles Foy Newbern, NC State of North Carolina Carteret County I Brian Hellen Clerk of the Superior Court of Law for Carteret County do certify that the foregoing is a true Copy of the letter No 3 which was produced in evidence on the trial of the case of Harriet J. Foy vs Thomas D. Foy - 22 Dec 1851, Brian Hellen, Clerk No 4th Dear Sugar plum April 11, 1845 It is with much difficulty that I attempt to rite you those few lines I am compelled to say to you that it is out of my power to come at this time for there has been such a dust kicker up untill there is no sense in it but my Dear Tommy keep a good heart I only come if I live long enough but as you and our babes character depends upon me and you so keep away my Dear go up the County and do what you can And perhaps before very long I can come the Lord will provide Henry onle tell you how it is with me Honeyy keep away don't do pray don't disgrace your poor little babe now asleeping in its cradle you know that it is not my will that we should be separated but oh live together Ma wouldn't read your letter. She say that when you have something for me to go on then I can come but if you intend to take me just so she will file a bill of rejectment and keep me for life. So Honey I think that if you will be easy awhile that I can get away. She has forbid W. H. Tearc ??? giving me the letter that you rite me. Please to Direct them to Charles H. Foy and then I can get there. Excuse me if I have ever done or said any thing to hurt your feelings. Ma is quite mad my Dear sugar plus please don't come for my Dear babys sake if not for mine please rite me and direct them to the one that I asked you. Honey you know my will and desire is to be with you. you asked Henry to relate to you what turned of last Monday evening what a fisced I was in if there is any more that I should say to you. You will have it to make up. I remain your affectionate Loving and true wife Harriet J. Foy And her little baby Sarah Elizabeth Tell Henry to come down soon for he is all that I have to comfort me at this time. Burn this as soon as you read it yours State of North Carolina Carteret County I Brian Hellen Clerk of the Superior Court of Law for Carteret County do certify that the foregoing is a true Copy of the letter No 4 which was produced in evidence on the trial of the case of Harriet J. Foy vs Thomas D. Foy - 22 Dec 1851, Brian Hellen, Clerk No 5 Dear Husband July the 19th 1845 On Honey nothing would of please me better than to of come up to see you but I was kept back by Ma saying that I would get the bilious fever. Honey I just creep and breath the air and that is the highth that I do. Honey I would not go to the camp meeting. There will be several there from this place to I expect those books that you wish me to send Goldsmiths & Grays poems I could not find I cant think that I ever saw them those other time I have but I was not done reading them but if you wish to take them away let me know and you can have them I expect to come up when the meeting is at leas. You say you don't expect to right me in two you Ah unfeeling man my mind is torn up from the bottom and if it don't get no better I fear I shall be as bad as poor Mrs. Allen you must rite me and take care of self and if we are even to live together we shall. Oh Lord hasten the time when we shall live together there is no muse we had another alarm of fire the other night but our fireman was soon to the point and was out in about ten or fifteen minutes. Oh Lord grant that is all our troubles We may put our whole trust and confidence in they mercy. And evermore serve thee in holiness and presence of living. O If we can both hold out faithful to the end and enter that glorious and happy place then will be rejoicing beyond all measure. Honey don't you never think of that meeting. Yes I do and you to I expect. You most humble and faithful Harriet to her dear husband Harriet J. Foy This letter is directed on the back Dr. Thomas D. Foy Dentist Jones County N Carolina By Col Foy's Witness State of North Carolina Carteret County I Brian Hellen Clerk of the Superior Court of Law for Carteret County do certify that the foregoing is a true Copy of the letter No 5 which was produced in evidence on the trial of the case of Harriet J. Foy vs Thomas D. Foy - 22 Dec 1851, Brian Hellen, Clerk This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 16.8 Kb