Just less than eleven months before their first anniversary, Bertha Harris filed for divorce with the following complaint presented by her attorney, George H. Kellogg:
In the District Court of the Third Judicial
District of Washington Territory holding
Terms at the City of Whatcom for the
County of Whatcom.
Bertha L. Harris Plaintiff
vs
Daniel J. Harris Defendant
The Plaintiff comes
by her Attornies [sic] Geo A. Kellogg and
Jacobs & Jenner and for cause of Com-
plaint against Defendant alleges
1st
That Plaintiff and Defendant were
married in the County of Whatcom and
Territory of Washington on the 17th
of October A.D. 1885
2ly
Plaintiff has been an actual resident
of this Territory for over one year
last past and now is such resident.
3ly
Plaintiff has always since her said
Marriage with Defendant conducted
herself towards him in a kind and
loving manner and has discharged
all of her duties as a good and faith-
ful wife.
4ly
Plaintiff avers that Defendant has
treated her in such a cruel manner
during their marriage as to render
her life with him as his wife burden-
some. In this to-wit: He has repeat-
edly threatened and tried to strike
her with his fist - He has called her
vulger [sic] and obscene names too
gross to mention - He has repeatedly
told her to go back to her tribe - he
has repeatedly cursed her and told
her to go to hell. Plaintiff avers that
such treatment has greatly injured her
health which at best is delicate and
not vigorous.
5ly
Plaintiff avers that she is without
property and that Defendant has
a large amount of property, To wit
about $10,000 Dollars in cash
and real estate in the County of
Whatcom in said Territory worth
$10,000 Dollars.
6ly
Plaintiff asks that the Bonds of
Matrimony now subsisting between
Plaintiff and Defendant be dissolved
and that she be granted such Alimony
or such division or share of Defend-
ant's property as may be just and
equitable and that she recover her
costs and disbursements herein includ-
ing an Attorneys fee of $500.00 Dollars.
While the complaint is undated, it is accompanied by the sworn statement of Bertha L. Harris attesting to the truthfulness of the complaint. This statement was taken by H.J. Jacobs, Notary Public for King County, on October 5, 1886, indicating that the complaint was prepared before October 5th and submitted to the court thereafter. The next document in the file, also undated, is a request by attorney Kellogg that a summons be delivered to Dan Harris along with a copy of the complaint. A summons was prepared on October 21st, given to Sheriff F. W. deLorimier on October 23rd and delivered to Dan Harris the same day. The Sheriff's return was filed on October 27th.
On October 25th, Attorney Harry A. Fairchild notified the court that he was representing Dan Harris in this case. On November 8th the following response was submitted to the court:
In District Court of the Third Judicial
District of Washington Territory holding
terms at Whatcom Whatcom County
Bertha L. Harris Plaintiff
vs
Daniel J. Harris Defendant
Comes now the above named Defendant
Daniel J. Harris by Harry A. Fairchild
his Attorney and Demurres to the Com-
plaint of the Plaintiff herein on the
following grounds:
I
That said Complaint does not on its face
state facts sufficient to constitute a
cause of action.
II
That it appears upon the face of said
Complaint that said Plaintiff has no legal
capacity to sue. Wherefore Defendant
asks to be hence dismissed with Judgment
for his costs herein.
No further action in the case is recorded in the file until March 15, 1887, when Attorney Kellogg delivered a sworn statement to the court reiterating the substance of the complaint. Kellogg's statement also asserted his belief that the $20,000 value of Dan Harris' wealth contained in the complaint was a low estimate. Kellogg's statement also included a claim that no fees had been received for his services. Kellogg's statement closed with the following sentence: "That affiant is informed that said parties are now living together in the State of California."
On March 16th, George Kellogg appeared in court and filed a motion requesting an allowance for attorney's fees. This motion was granted and an order generated for Dan Harris to pay $75 to the Clerk of the Court for such an allowance. The file contains no indication as to whether on not this money was paid or the suit was withdrawn.
< The Harris-Wasmer Marriage
- Table of Contents -
The Move to California >
