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Wilmington, New Castle County, Delaware
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In New York on Oct. 4, 1889, Robert Ray Hamilton files for annulment of his marriage to Eva Hamilton, citing fraud: she lied about pregnancy, foisted a false child on him, and had a living husband. Eva awaits prison for assaulting a nurse.
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Robert Ray Hamilton Will Sunder the Legal Ties
That Bind Him to His Wife Eva.
The Proceedings Have Already Been Commenced for the Annulment of the Marriage Upon the Ground of Fraud.
The Plaintiff's Complaint.
New York, Oct. 4. - Robert Ray Hamilton has begun an action for divorce from his wife, Eva Hamilton, who is now at May's Landing awaiting transportation to the state prison at Trenton, N. J., for the crime of assaulting Nurse Mary Donnelly.
The complaint in the suit was handed to Judge Patterson upon an application for an order for the service of the summons by publication. This order was granted.
Mr. Hamilton's Complaint.
Mr. Hamilton, in referring to his marriage, says that his wife's maiden name was Evangeline L. Steele, and that they were married on Jan. 7, 1889. His consent to the marriage was obtained through the defendant's representations in March, 1889, that she was about to become a mother. In the same year, between Dec. 17 and Jan. 16, he received letters from Elmira representing that she had been delivered of a child. On Jan. 6, the day before the marriage, a female child was presented to plaintiff as his own.
The relations existing between plaintiff and the woman prior to the marriage were such that her representations might have been true. But for these representations plaintiff would not have married her.
She Had a Husband Living.
Hamilton says he now has good reasons to believe that the woman's representations were false, and that the child was foisted upon him. It was in August of this year that he first became convinced of the deception practiced upon him, and since that time he has not waived any of his rights by cohabiting with her.
By way of complaint the plaintiff says that at the time of his marriage and prior thereto the defendant had a husband living.
Judge Patterson ordered that the summons be published in three papers in this city, and that a copy be mailed to defendant at May's Landing, and another addressed to her at the state prison.
The Ground of the Action.
The suit is brought for the annulment of the action on the ground of fraud.
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Location
New York
Event Date
Oct. 4, 1889
Story Details
Robert Ray Hamilton sues for annulment of his January 7, 1889 marriage to Eva Hamilton (nee Evangeline L. Steele) on grounds of fraud: she falsely claimed pregnancy and presented a non-biological child as his, and had a living husband at the time. He discovered the deception in August 1889. Eva awaits prison in May's Landing for assaulting Nurse Mary Donnelly.