The Judge's decisions about the case, 24 October 1862:

 

Sworn on this 24th day of October A.D. 1862 at this october ? of this court. This case coming ? to be heard on the report of John Brown esq. refer? appointed to take the testimony.
And the court having duly considered the premises find the following facts.
1st. The plaintiff is the wife of defendant
2nd The plaintiff is has been a resident of this State for six month immediately before the commencement of this action.
3rd. The defendant is guilty of adultery with Maria Mize
4th The defendant is not a suitable or proper person to have the care and custody of Children
Whereupon the Court find or
? of her as follows:
1st That the Plaintiff is entitled to a decree divorcing her from Defendant and here
? she have the care, custody and control of her children Francis Barnes and Richard Barnes.
Wherefore it is now
? and decreed by the Court now her ?
that the marriage contract existing between The Plaintiff and defendant be annulled set aside and declared void and it is further ordered
? and declared? that the Plaintiff be and ? hereby divorced from the Defendant and it is further order and ? that the Plaintiff have and retain the care, custody and control of her two? children Frances Barnes and Richard Barnes.
<Signed> E. W. McKindley?
District Judge

 

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