Among the miscellaneous indexes shelved in the Office of the Prothonotary is a volume labeled General Index to Habitual Drunkards, No. 1, Crawford County. Sobriety was the subject of 1819 state legislation, which established procedures for examining the competence of any Pennsylvania resident who “by reason of habitual drunkenness, has become incapable of managing his or her estate, and is wasting and destroying the same.”1 Any relation by blood or marriage2 could petition the county court of common pleas to appoint a “commissioner” (usually an attorney)3 who would summon six or more jurors to hear the testimony of witnesses at an “inquisition.”4
If the jury unanimously found the accused to be habitually drunk, the court would appoint a one or two-person “committee” to act as guardian and trustee of his person and property.5 The habitual drunkard could later petition the court to terminate or "supersede" the proceedings by alleging reformation and habitual sobriety.
The General Index contains only nine entries, and was evidently started about 1877, as additional cases can be found among earlier common pleas and orphans court papers. Abstracted below, inalphabetical order, are all twenty-four known cases of habitual drunkenness commenced during the nineteenth century.6 The following four twentieth century cases are listed in the General Index, but not included here:
Name | Case Number | Date of decree |
Hudson C. Carroll | #117 Nov. Term 1904 | 25 Nov. 1904 |
Edgar M. Hannah | #23 May Term 1901 | 15 April 1901 |
Robert McTier | #15 Nov. Term 1908 | 12 Oct. 1908 |
Laban A. Smith | #112 Feb. Term 1906 | [discontinued] |
Sobriety cases, like lunacy proceedings, are an easily overlooked source of family history.7 The reader should remember that not all of the accused were guilty, or afflicted: some were found to be competent, and others later recovered. Some suits may have been motivated by a desire to seize a relative's property, or other considerations. Christiana Mackay, for instance, petitioned to have her husband declared habitually drunk at about the same time that she filed for a divorce--but it was Mr. Mackay who was later awarded a divorce from Christiana.
"Deed W.A. Ford to James Ford -- Book M, No 3. p 244 Made 15 Sept. 1866 in trust for family."
Amandus Fraumouth [signed (in German script) Amaund[?] Freimuth]: "I lived with Hanes about 3 years after Hanes was appointed [committee], last year I worked for William Flaugh, about eight or nine months; John G. Hanes collected my wages since the committee was appointed; I have worked on the farm all the time in West Fairfield Twp.; This year I worked for William Heath since a few days before the 4th of July. I have not drank ... since I left Meadville, between four and five years ago; I am just as well physically as I ever have been since I came to this country, over twenty years ago; When I first came to this country I went to my brothers and from there I went to Mathias Flaughs, from there I went to John Lupers and staid there a little over nine months; From there I went to Rev H H Thompson's and staid about ten years, from there I went into the Army and was there three years; From the Army I came to Meadville and was there until John G. Hanes was appointed committee; When I came to this country I had nothing but my clothes, my brother sent me the money to come from New York; I have no property except such as I have earned by my own labour; I own a house and lot on Poplar Street in Meadville, I paid $3,000.00 for it; That is where I kept house while I was in Meadville; I own a store building on Chestnut St in Meadville, now occupied by Henry Ernst; My house was well furnished; I married a daughter of John G. Hanes, about ten years ago, I don't exactly remember the date; I now have two children; I kept house with by wife and family until Hanes was appointed, and I went home with him; Hanes refused to give me money to buy tobacco with; He said he had quit and I must too; If it was not for my teeth I would not want it either; I went over to the Hanes house and asked my wife to come and live with me; Hanes said I should not have my wife or any of my property." [John G. Hanes, committee, objects to the testimony.] William Heath [signed Wm D Heath]: I resides in East Fairfield Twp., have lived there 52 years, was born there, about a mile from Cochranton; have known Amandus over 20 years, since he could speak scarcely any English; the longest he has been away from me was when he was in the Army; while he was working for Flaugh I saw him about every Sunday at church; he is working for me now. Sarah Fraumuth [signed Sarah E Freyermuth]: I am a sister-in-law of Amandus, has known him ever since he came to this country; he came to our house when he first came to this country; he was with my husband a year ago last March; My husband was butchering; Amandus kept his accounts and everything was correct and right. John Peterson: I reside in Fairfield Twp., about ¼ mile from John G. Hanes; I own a farm and live there; have lived there all my life, 43 years; have known Amandus about 9 years; passed Hanes' home when they were quarreling; his wife said she would never live with him [extended account]; when I first got acquainted with him he was keeping a restaurant in Meadville. Hiram Smock: am 47 years of age; live in West Fairfield Twp., joining farms with John G Hanes; have known Amandus 8 or 9 years; he attends church regularly. William Flaugh: Live in East Fairfield Twp.; have known Amandus since he first came to this county; he worked for me seven months and a half from the middle of March 1876; I was just a boy when he came to this country, we were both boys, he a few years oldest; I was 16 or 17, he was 19; He worked for my father. Mathias Flaugh: Am an Elder in the German Reform Church; Amandus is a member and attends church regularly; I have known him ever since he came from the old country; I am the father of William Flaugh; I live on the same farm with my son. Aaron Flaugh: Have known him ever since he came to this country; I am past 35 years of age; my observation of him has been since he came to work for my brother. Silas Powell [signed Silas W. Powell]: Know him 3 or 4 years; I live about half a mile from Hanes; "Am 24 years old 25 in Oct." Jacob Fraumuth [signed Jacob Freyermuth]: I am a nephew of his; I have known him ever since he came to this country; he worked in our neighborhood last summer and I saw him every other Sunday during the summer at Church. David Waters corroborates the testimony of Aaron Flaugh. A. T. Harvey and Reuben Doutt corroborate the testimony of Aaron Flaugh. [Testimony continued 5 September 1877:] James Adams [signed Jas. M. Adams]: I reside in Cochranton; know him 20 years; for 10 or 12 years he worked on the farm joining the one where I live; regard him as a sharp, shrewd businessman. Robert Patton: Have known him for about 20 years; can corroborate testimony of James Adams; reside in Cochranton; saw him there in my store. Alexander Patton [signed Alx Patton] corroborates testimony of James Adams; I have been at his place of business in Meadville frequently; saws him at my store; guess he called at the store every time he came to Cochranton. Robert Pegan: I have known him some 17 or 18 years; I was frequently in his place of business while he was in Meadville; this summer he was in my place of business; I keep an Eating House in Cochranton; in former times I only knew him as a saloon keeper, I saw him behind the bar, at his saloon. James Martin: Know him for about 20 years; I live in Cochranton. Robert Heath: Know him for about 20 years; he has been at my house frequently some years ago; I live 3 miles south east of Cochranton. John Bell: Have known him for about 20 years; he lived near me with Rev. Thompson for a number of years; have known John G Hanes since 1845 and I now consider Amandus Fraumuth much the smartest business man of the two. George Hardy [signed with his mark]: I have known him for about 20 years, worked all harvest with him this summer. J. H. Peterman [signed John H. Peterman]: Am J.P. of Fairfield Twp.; know him for about 20 years; have worked with him; he and I were in the Army together. William Heath [signed Wm D. Heath] (recalled): is acquainted with John G Hanes and have heard him say several times since these proceedings commenced that Fraumuth could have his property back and he was perfectly willing he should have it if he would pay him back what money he had advanced.
T. J. Smiley: I am a member of the Board of Trustees for the State Hospital for the Insane at Warren Pa.; have known him for a number of years; have seen him as often as once a week for the last six months; can see nothing wrong with him at the present time mentally; has been strictly temperate for the past three or four weeks; [cross:] he was committed upon certificate of two physicians from Meadville, think the primary cause of it was intemperance; confined because his mind seemed to be deranged from the excessive use of intoxicating drinks; he left the asylum last Saturday I think; he was not allowed intoxicating drinks there; cannot say whether his habits of intemperance have been cured; he was discharged last summer, he had been there about three months; he came to Titusville in August or September and became so badly intoxicated that it was necessary to return him to the Asylum. M. R. Rouse: I live in the City of Titusville, have known him a number of years; talked with him last evening ate supper with him; he talks as rational and sensible as he ever did as far as I can see. Dr. C. P. Woodring: I am a practicing physician; have been acquainted with D. R.. Herron about five years, have seen him frequently in that time, have treated him professionally, have recently examined him as to his sanity, consider him sane; he is in fair health. O. H. Hollister: I have known him seven or eight years, he seems to be all right at present, think he is temperate at present. P. F. Hallock: I am acquainted with him and have been for some years, have seen him several times within the last ten days and have had frequent conversations with him; have observed him critically for the reason that I was present when testimony was taken about ten days ago in this case; in my judgment he is as sane as any person and from all appearances his habits are good.S.G. Herron, committee, recommends at Meadville 29 Nov. 1886 that the proceedings be superseded, "as I consider the said D.R. Herron fully recovered and competent to manage his own affairs." Proceedings superseded 29 Nov. 1886.
Mrs. Mary O'Daniels: I know him for many years; he is old. John King: Know him 12 years, been a tenant of his; when he gets tenants he abuses them and they can not stay; the property is well situated for renting; since I have gone it is little occupied; he could not have shot at the man in self defense because the man was across the street. Peter Miller: I am his oldest son; he "has got seven children viz: Peter thirty seven years old, John thirty three years, Michael twenty nine, Charles twenty three, Barbara intermarried Wm Haines, aged thirty five years, Mary intermarried with Fred Rice aged thirtyMichael Gartner appointed committee 21 Feb. 1877 on petition of Peter Miller and John Miller, both of Meadville, the two oldest sons. Peter Miller appointed committee 23 Sept. 1878 in place of Michael Gartner, who resignedthreeone years, Rosa Miller aged eighteen years, George Miller twenty two years, Mrs. Miller my mother is death [sic] my father Seb. Miller is sixty five years old"; he has very little personal property. Charles Wilkes: Know him for 10 years; I saw him shoot at a little girl across the street, he calls every passer by the most outrageous names; Everybody is affeared of him that is the reason he can get no tenant. John Gable: I know him for many years, for the last three lived near him. Isaac Moyer: I know him 25 years, lived in same neighborhood for the last 6 years; he abuses everybody; If he gets the money from his property into his hands he would either kill himself drinking or nothing would be left in a short time. Frank Shaedley: Known him for last 10 years, want to have nothing to do with him. Frank Striffler: He has trouble with his tenants. Michael Gardner. Geo. P. Barns: Know him for two three years; He is the closest man I ever dealt with. David Boyd: Know him 10 years; have arrested him for drunkenness and disorderly conduct, get frequent complaints. John Miller: I am a son of his; I left home 9 years ago, his drinking habit is very bad the last 15 years; when he is drunk he is very abusive no one can get along with him, he uses weapons then; he pawned my son's violin that was left with him to fix it; a week ago Saturday I was called for, found him drunk badly, found my sister in bed bleeding; the property would rent well but cannot obtain any renters. Ignaz Michel: I know him for the last 9 years. Wm Quay: I live on the same street, known him for 9 years. Henry Hemler: Known him for 9 years; I sold him the property he owns. Mrs. Barb. Haines: I am his oldest daughter; I live in one of his houses; I was beaten by him about three weeks ago in one of his drunken fits; he advertised his party for sale. Peter Leinen[?]: I know him 7 years. Witnesses for the accused: Louis Michel: He is a close man in some things. Michael Hauk: I live near him. John Mahrhoeffer.
3 Nov. 1881: James R Porter. Frank A. Striffler. Joseph T. Martin. John King: "he moved out of the 4th ward, into the 3rd ward where he now lives with his son Charles." P Alex Affantranger. Frederick Rice. John Marhoffer [/s John Marhöfer]. George Shreck. Jacob Shoemaker. Frank Hanoway. 7 Dec. 1881: Balser Schisler [signed B Schissler]. Michael Frantzman: "I am 77 years old next April ... I live with my daughter." 2 Dec. 1881: Fred. Moessner. 10 Jan. 1882: Levan Staley,"am 54 years old."Petition of Peter Miller, committee, for a private sale of the real estate to Charles A. Miller, the youngest son, granted 15 June 1889.
Frank Moon: I was 23 years old last December; Orris Moon has the following children: Helen, wife of Geo Wallace, her age 29; Charles Moon, age about 28; Maria, wife of John Sheldon, age 27; Frank Moon, age 23; Henry Moon, age 16; my father had a farm 100 acres in Pine Township, which he sold to Mr Sheldon, with well improved frame house 24 x 32, painted, a good farm house insured for $1000, three barns one 24 x 34, horse barn, cow barn 40 x 50, hay barn 20 x 20, orchard of five acres, farm worth $8 or $9000; he said he was going to sell his property, get that girl and go to New York State; [cross examination:] for the last 4 or 5 years have lived 2 years with Mr Wallace, have seen my father almost every day; am a wagon maker, have been at his house once a week for the past year. C. P. Straw: I live at Linesville, have known him 8 or 10 years. Doct Tyler: I live in Linesville, physician for 30 years; was called to see him some weeks ago, [he] had taken an overdose of ars[e]nic. S. E. Bunday: Have known him 12 years; it was at Crossingville where I referred to his having the tremens. Wm. Wallace: Known him 12 years, live 50 rods from him. Mrs Wallace: Am his daughter; he said he would sell his farm run through with his money & go to the Poor House; he seemed to be out of his head when he poisoned himself. Mrs Maria Sheldon: Am his daughter; I have not seen my Father often the last year, [he has] not been at my house for a year. Jno Gaugh: Known him 10 or 11 years. J. D. Irons: Known him 10 or 12 years, live in Pine Twp., a little over a mile [from him]; am a Justice of the Peace. Jno Bunnell: Known him 10 or 12 years, live in Linesville, he has frequently been in my Billiard Room. Jas H Garner: Known him 12 years some; am in Linesville often. Mrs. McFadden: Live on Moons place for a year & a half, tenants of his; he lived & boarded with us. Cullender McFadden: I am his tenant; he tries to skin me alive. -- Barrachman: Brakeman on M & L RR, known [him] 13 or 14 years, [he] occasionally goes out home on train. Hiram Sheakley: Known him 11 or 12 years, see him once or twice a week. Henry Moon: Am his son, have not seen him over five or six times the last year, been away from home for a year. Henry Thompson: Known him 12 years, live in Linesville, he is there almost every day; he has a farm; don't think he works. Z B Farr: Known him 3 years. George Graham: Known him 15 years. Chas Moon: Have been living with my father for the last four months; gets so that he rolls around the gutter. Levi Kissell: I am turnkey at Jail. Geo Wallace: Am his son-in-law; I forbid him bringing women to the house. M. S. Cotton: Live in Linesville, on a farm adjoining Moon farm; for the last two years he has been letting out his farm. M A Arnold: Live in Linesville, keep a Hotel. S A Miller: Live in Linesville & do business there; sold him goods; bought his cattle. Wm Van Winkle: Known him number of years; live ½ mile from Linesville. Anthony Garwood: Had business transactions with him. Jno Sheldon: Am his son-in-law; have seen him 6 to 10 times in last year; before that he worked for me; worked his place with him 3 years ago; bought his farm. H. C. Espy: Met him occasionally at Meadville and Linesville and at my place on business transactions. Saml Sheldon. A Bates. Orris Moon: I am 55 years old; can read print can't read writing, can't write; have rheumatism in my knee & it sometimes makes me stagger; have business transactions such as farmers do; sold my farm; I told my son that I would go East and live with my sister who is a widow. Jno O McClintock: Known him 2 or 3 years, saw him in Meadville frequently.[Note on cover, dated 6 June 1883:] "It does not appear that there was probable cause for this application." A motion to have the petitioners pay the court costs was granted 31 March 1884.
Samuel B. Long [signed S B Long]: I have known Joseph B. Myers for 30 years; I live about 1¼ miles from him; I keep hotel, have for 2 years past. Andrew Ryan, Esq. [signed A. Ryan]; I have known him for over 30 years, live in his neighborhood; he worked for me some through the summer, 8 or 10 days. W. P. Bradshaw: Live within half a mile of him; known him ever since I have known anybody--25 years anyhow. Wm M. Wilson [signed Wm Wilson]: I live in sight & hearing of Mr. Myers & have for over 30 years; I have understood that his wife left once or twice on account of his drink. A. B. Floyd: I have known him ever since 1833.Proceedings suspended 25 Nov. 1864, subject to future order or directions of the Court.
31 Aug. 1867: Andrew Ryan, Esq. [signed A. Ryan]: Am 42 years old; reside on Woodcock Creek; joined farms with him; he boards with the man who bought his farm. George Ryan [signed George P. Ryan]: Am 23 years old; reside in Woodcock Twp.; have known him since my infancy; don't live more than a half mile from him. Saml B Long [signed S B Long]: Am 61 years old; reside in Woodcock Twp.; I keep a public house. William Wilson: Am 52 years old; reside in Woodcock Twp., about a half mile from him. William M Long [signed W M Long]: Am 47 years old; reside in Woodcock Twp., about a mile & a quarter from him. J. B. Stull: Am 44 years old; reside in Woodcock Twp.; am a farmer; am acquainted with him and have been for about 35 years; live about a mile from him. 5 Oct. 1867: Wm Dickson [signed William S(?} Dickson]: Am 63 years old; reside in Woodcock Twp.; am acquainted with him, have been for 30 or 40 years; live about a half mile from him; join farms. 23 May 1868: S B Long: Am 62 years of age; he now boards with Mr Swartz; I kept a public house until last April; I live on the public road leading from Saegertown to Blooming Valley. Wm M Long [signed W M Long]. Jas A Hurd: I have known him over 30 years. John B Myers [signed John G Myers]: I am a son of his; from the 10th of Oct. to the last of Jan. he boarded with me, since that time at Mr. Swartz. Sarah Swartz [signed with her mark]: He has boarded nearly 4 months at our house. John Wykoff [signed John Wikoff]: I have known him 40 years. "It is agreed that Jacob Stull, Geo Ryan, Samuel Schwartz, Henry Lilly, Permelia Ryan would if sworn testify to the same facts ...."By consent of the parties in interest, committee discharged 25 May 1868.
2 The 1819 act prohibited a wife or child from initiating proceedings, but was amended in 1836 to permit application by any relative, as well as a person interested in the estate. 1836 Pa. Laws 589 (No. 171, approved 13 June 1836). BACK
3 Commissions de Inebritate Inquirendo were in the nature of, handled identically to, and often confused with writs de lunatico inquirendo (lunacy cases). BACK
4 Or, in cases of economic hardship, as where the accused inebriate had little or no property, the inquest could conducted by the judge using anyone called for regular jury duty. See, e.g, the case of James Clark. BACK
5 In some instances, separate committees were appointed of the person and of the estate, such as the Tarr case involving considerable wealth. BACK
6 The more genealogically significant testimony has been paraphrased, and most of the evidence concerning inebriation omitted. BACK
7 See also "Crawford County Lunacy Petition Abstracts," Crawford County Genealogy 9(1986):40-48. The writer has compiled a
listing of all nineteenth century lunacy actions. BACK