Lydia Halstead’s Deposition
The following is the deposition of Lydia Halstead Barrett in the George Barrett case. Lydia’s testimony was taken October 8, 1881, in Smith Centre, Kansas. She was the stepdaughter and wife of George Barrett. George had been arrested in August, a couple months prior for adultery. Lydia’s mother and George’s previous wife had died in June of 1881. The local preacher had accused George of murdering his wife by throwing her down a well.
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The State of Kansas
Versus
George Barrett
Before A. F. Lane a justice of the Peace of Centre Township in Smith County Kansas
Deposition of witness taken this 8th day of October 1881 to be used in the above entitled action in pursuance to the notice hereto attached and at the time and place herein stated. The said George Barrett defended by R. M. Pickler his attorney and the State of Kansas defended by A. M. Corn County Attorney and therefore said defendant produced witnesses in the following order in said action to writ:
J. What is your name?
A. Lydia Barrett
J. What was your name before you were married?
A. Lydia Halstead
J. When were you married?
A. 6th day of August 1881
J. Where do you reside?
A. Smith County Kansas
J. How long have you resided in Smith County Kansas?
A. Seven years last May
J. How old are you?
A. Twenty years old the 9th day of last March
J. Previous to your marriage had you had sexual intercourse with George Barrett your husband.
A. No sir
J. State whether or not about the 1st day of May 1881 you had sexual connection with George Barrett.
A. No sir
J. State whether or not at any time previous to your marriage you had sexual connection with George Barrett.
A. No Sir
J. State whether or not you were pregnant at the time you were married.
A. Yes, sir
J. State if you ever had connection before your marriage with any other person beside your husband.
A. Yes Sir
J. Have you ever told any one that you had connection with this other party?
A. Yes sir
J. Who was it you told?
A. My mother
J. Did you tell any one else about it?
A. Yes sir
J. Who was it?
A. Mr. and Mrs. Houer
J. When was it?
A. During my sickness in the evening of September 29th, 1881 the night I was delivered of the child.
J. Why did you tell them? Counsel for the State objected to the question.
A. Because I thought I was dying
J. Did your husband know of your condition at the time of your marriage?
A. Yes sir
J. From where did you move here?
A. From Mercer County Illinois
J. Did you move direct from there to Kansas?
A. No sir
J. To where did you go when you first left Mercer County Illinois.
A. To Nebraska, I lived in Nebraska a year and from November to April, then came direct to Pawnee Township Kansas, have not lived in the same neighborhood all the time lived in neighborhood 4 miles N.E. of here, was called the Wilson neighborhood, came to Kansas in 1874 in May moved on the claim the 5th day of May, was thirteen on the 9th day of March before we came to Kansas, was twelve the 9th day of March before we left Illinois in November, was born in Mercer County Illinois was born in 1861, left Illinois in 1873 when we came to Smith County Kansas, Our family consisted of my mother and myself, my father was dead, he died in September but don’t remember the year, we were living in Mercer County Illinois when father died, don’t remember how long before we left, he died, two or three years, am not certain which, don’t remember how old I was where father died, about nine or ten years old, we lived in the country in Illinois, Our family increased to three in Nebraska my mother was a widow lady when we moved to Nebraska,
J. Did your mother marry again while living in Nebraska, to which counsel for Defendant objects.
A. Yes, I was going on thirteen when my mother married again. She was married in December, and I was thirteen the next March, lived in Nebraska till the next April before coming to Kansas we lived in Nebraska from November till December before mother married the second time. My mother is dead.
J. What was your mother’s name before she died, to which counsel for Defendant objects?
A. Rachel Barrett
J. State whether or not she was the wife of the Defendant, to which counsel for Defendant objects?
A. Yes, I was twenty years old the 9th day of last March.
J. State whether or not at the time your mother died the Defendant was your stepfather, to which counsel for Defendant objects?
A. Yes
J. State when your mother died, to which counsel for Defendant objects?
A. Last June
J. How old were you when your mother died, to which counsel for defendant objects.
A. Twenty the March before.
J. State whether you, your mother and your stepfather lived together and kept house from the time your mother was married till she died, to which counsel for the Defendant objects.
A. Yes, sir
J. After your mother died where did you go to, to which counsel for Defendant objects.
A. Did not go any place stayed at the same place. My stepfather stayed there and we kept house, some one stayed with us, no certain one, sometimes one and sometimes another Annie Barrett stayed with us a part of the time, part of the her sister Lizzie stayed with us. My step father and I did not stay alone any night. I do not know how old my mother was when I was born. I knew how old I was when I left Mercer County Illinois by my mother saying so, don’t remember the first time my mother told me my age she told me so often, that is not the only way I know my age, I have heard the Doctors say how old I was, It was Doctor Morrison, he lived in Mercer County Illinois when we left there, don’t know where he lives now, we were talking and he said he knew my age better than I did, he claimed to be the attending physician when I was born, my mother did not keep any record of my name and birth, I was married to the defendant in the case in August, we were engaged to be married about a month before we were married, was twenty the March before I was married, was engaged to be married about a month before the defendant was arrested, was engaged to be married about a month after my mother died, It was about a month after mother died before we commenced talking about getting married, we were engaged the first time he ever spoke about us getting married, we did not set the time when we were first engaged, there was no one by when we made the agreement to get married, don’t’ remember any of the conversation.
J. At the time you made the marriage contract what language did he use?
A. I don’t know
J. What language did you use when you promised to marry him?
A. I don’t remember what it was. We did not set the time to get married when we first entered into the contract, we talked about our marriage after we made the contract, talked of it two or three times. I don’t remember any conversation between myself and defendant after our contract of marriage so as to repeat it, at one of those conversations I told him my condition that is that I was in the family way, he said that did not make any difference, don’t remember whether he seemed surprised or acted as though he knew it before we had that conversation, I don’t remember that we ever talked of it before, don’t remember of him ever asking me about it before. I think this conversation took place about one week after our engagement to married I suppose he knew of my condition at the time we made the marriage contract. I was showing it at that time so any one would notice it, de did not say anything about it at the time we made the marriage contract, he never asked me who was the father of my unborn child. I have told him who was the father of the unborn child before our marriage, don’t remember just how long it was after our marriage contract, we were talking and I thought it was right that I should tell him. It was at the time I told him I was in the family way, we never fixed any definite time when we should get married, we were married at smith Centre that was after the defendant was arrested, I went to Smith Centre on purpose to marry him, Because I thought if we got married they would not bother him any more. He sent word to me if I wanted to get married to come to Smith Centre and we would get married, I had a guardian appointed to get my license at my own request. I was not by when my guardian got my license. Mr. Hauer was appointed my guardian to get my license, Mr. Hauer my guardian asked me my age. I told Mr. Hauer I was twenty, as a matter of fact, I did not tell Mr. Hauer I was seventeen. I did not see my license, I don’t remember of telling Mr. Hauer that I was seventeen. I am not willing to swear that I told Mr. Hauer that I was twenty years old. I am willing to swear that I am over eighteen years old. Preacher Smith is the father of my child is married, was married at the time I had intercourse with him. It was the first week in January that I had connection with him between our house and Mr. Johnsons on level ground in day time in the road, on a road that there is not much travel on.
Signed,
Lydia Barrett
Thank you for reading.
Jenny R. Findsen
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