• I was looking at the book on baptisms for the St. Mary’s church in Underhill, Vermont, and I noticed that my gggrandfather, Patrick Giblin, was the godfather to Elizabeth O’Brien. Her baptism date (might be birth date) is recorded as 3 Oct 1832. The Godmother was recorded as Mary McGrath. Patrick Giblin was married to Margaret O’Brien. She was born 1806 in Ireland and immigrated in 1830. She is probably too young to be Miles O’Brien’s sister and she isn’t his daughter, unless he had a marriage before Mary Curry.
2055• Baptized on same day as Margaret Giblin.
2037• When they moved to Illinois, they had a good farm - the children all went to school. The counties held spelling bees and Aunt Lib was the best one in two counties - at one she spelled all down - old and young with the exception of her own teacher. She refused to spell “against my teacher.”
36, p 4, lines 159-162• When Civil War broke out, Lib's husband, Johnathan, who taught school, went as General Grant's private secretary. Aunt Lib taught at her husband's school and cared for her two little girls, Ada and Lilly.
36, p 2, lines 49-56• Lena, Illinois, September 23rd, 1864
Provost Marshal
Dear Sir, I have just received a letter from my brother Miles O’Brien and enclosed I found a letter enclosed to my brother James, which I took the liberty to read, from its perusal? I find he is in some serious trouble the cause non-particulated? I cannot understand, as in his letter to me he said nothing about his trouble.
Will you have the kindness to tell me what crime he is guilty of, as I do not know to whom else I can apply. Oh! I feel so wretched and anxious and hardly know what to do.
Poor misguided boy: left an orphan at the age of 7 years without none to care, or watch over him and when I think of the training he must have received from those people that had him I cannot wonder that his habits are not what they should be.
It is ten years since he came to see me, and bade me goodbye and said, “I am going to Kansas, and when I am well? I am coming to see you.”
I have never heard from him since till last fall, he wrote me a few lines, I was so glad for and then thought, I could write to him and try to influence him in the right path, by my letter never reached him, and when I again heard from him, it was from the Guard House, and it is too bad! I do sincerely hope his crime is not so serious as I fear it is.
I have one brother who has been in the service ever since the war broke out, and another came home to die last summer and we laid him by the side of his parents.
My husband is in Vicksburg Miss. in the Provost Marshall’s office so you see I am alone, and do not know what to do. I fear you will think me troublesome, but I cannot help it I must ask from some one’s help.
Do please write to me immediately, and help my brother if you can, poor erring fellow.
Hoping to hear from you very soon, I remain yours truly,
Elizabeth B. Hay
2052• Bankruptcy Items.
In the matter of Jonathan Hay, Elizabeth Hay, wife of the bankrupt, filed a petition setting out that she owns a sewing machine, two horses, a harness, and a cow, which are in possession of the Assignee, and he has refused to give them up. She therefore asks that he may be compelled to do so. A rule on the Assignee to show cause was made returnable after five days’ service.
2060• Mrs. Hay’s examination showed that she was a very active practical manager, running a large and lucrative business of her own in the musical and sewing-machine line, and probably was the shrewder of the two.
2061• 886 Alta M. Hulett, for Mrs. and Miss Hay.
John M. Bailey represented the bankrupt's assignee.
Held by BLODGETT, District Judge:
That it appears clearly and conclusively from the evidence that Elizabeth Hay had been doing business separate and apart from the business of her husband for several years; that that business depended for its success upon Mrs. Hay's individual skill and energy, and consisted principally in the sale of sewing machines and musical instruments; that she had been remarkably successful in business, and by her energy, enterprise, and business tact, acquired credit in her business; that it was notorious that she was carrying on an independent business, and that she had supported not only herself and children, but her husband also, her husband having shown no remarkable ability in any direction except in the way of contracting debts. Mrs. Hay had also been for several years the owner of the homestead occupied by her family, and the title stood in her name. In the beginning of the year 1869 Jonathan Hay was indebted in large amounts, and all of Mrs. Hay's private property, acquired by her individual skill and labor, was sold to satisfy the claims of her husband's creditors, as prior to the year 1869 the earnings of the wife belonged absolutely to the husband.
In 1869 the law was passed giving to married women their earnings absolutely. And Mrs. Hay again went to work. Her husband had no property whatever, and had made a failure of every business which he had undertaken. In the fall of 1871 Mr. Hay desired to open a music store, and to enable him to do so Mrs. Hay furnished him $1,000-money which she had borrowed, giving a trust deed on her house to secure its payment. When Mr. Hay went into business, Mrs. Hay acted as his agent in the sale of sewing machines and musical instruments; and there was an express understanding and agreement that she should receive a specified commission on each sale made by her. The court remarked that this understanding was unnecessary, as the law gave her earnings with or without the husband's consent, and that the transactions must be regarded as if made by Jonathan Hay with a third party. The court also held that the proviso to the act of 1869, ‘This act shall not be construed to give the wife any right to compensation for any labor performed for her husband *887 or minor children,’ did not affect the questions in this case, but was only applicable to cases where there was no special agreement between a husband and wife as to her compensation, but that she having the right to her earnings could agree to work for her husband about his business as well as for a stranger. In July, 1873, Mrs. Hay purchased of her husband ten sewing machines, paying him therefor $500 in cash, the money paid being borrowed on Mrs. Hay's individual credit, of a relative. The court said that, as there was not fraud alleged, none could be presumed, and that the purchase was fair and open, made in the usual course of business, and must be so regarded. He, therefore, was of opinion that the property belonged to Mrs. Hay, and an order was entered directing the assignee to return it to her. This decision is important, as the question whether a married woman was entitled to compensation for services performed for her husband as agent has never before been judicially passed upon.
2062, pp. 3-4• In 1871, when Hay wished to start anew in business, his wife raised $1,000 by a mortgage on her homestead, and gave it to him. there was an explicit understanding that her earnings should be her own.
2063• Chicago, April 27.–An important decision was rendered in the U S District Court to-day by Judge Blodgett in a case involving the right of the wife or daughter of a bankrupt to hold against the assignee personal property given them by said bankrupt in payment of services rendered as his clerk or agent. In the case the assignee of Jonathan Hay, a dealer in sewing machines in Freeport, Ill., who having absconded was thrown into bankruptcy, seized upon a piano belonging to Hay’s daughter and several sewing machines in possession of Mrs. Hay, which they claimed were turned over to them by the husband and father in payment of their services in his store. Judge Blodgett to-day decided that the plaintiffs were legally entitled to the goods in question, and ordered the assignee to return them to their possession. The case possesses additional interest from the fact that it has been conducted throughout on the part of the plaintiffs by Miss Alta M. Hulett, the lady lawyer of this city.
2062, p 2,2064• Also found a news article in the Freeport newspaper from 1883, stating that Elizabeth Hay, now living in Seville, Ohio, is visiting Freeport. This places Elizabeth in Seville, Ohio, earlier than I thought.
2056• Letter from Elizabeth Hay to Amy Estelle Walter Eckart, 2509 Scott St., San Francisco [after 1900]:
My dear niece,
Your good letter just rec[eived]. I am so glad your husband goes home each evening. Something for you to look forward to. Mr. Redington leaves today for Sacramento to meet his wife and daughter who are expected to arrive there tomorrow. We have a fine Chinese cook. He is a “Christian” – wears his hair short. He is very nice and respectful. Has a wife and three children in this city. He lived with one family for fifteen years so you see he is not very young. He surprises us each day with his fine meals.
I think it is fine for your husband to have something to take up his time during vacation and earn a little money while his salary goes on just the same. I think father Eckart [William Roberts Eckart, b 1841] is a generous man to do so much for his children. I hope he may live many years as such men are scarce. He is generous and kind to his children. I hope Ada will let me go home by the first of June. Even if I leave here then it will be July before I reach Seville as I intend to stay a short time in Kansas and I may take in the Fair and then a short time in Chicago.
Alice left Cleveland last Thursday for home. Will stop in St. Louis on her way home where her father will meet her and show her the sights for a day of two and then home – and on her return she intends stopping off again to visit the Fair in earnest – and it may be she will find Walter there to meet her. Walter is now in Allegheny, Pa. where he went to superintend a plant to be built for the great pickle man. I think his name is Heinz or some such name. His factory covers acres of ground. Allegheny is just across the river from Pittsburgh. Is that the place Mr. Eckart is? We’ll never mind my dear girl if you cannot go to this fair. You may be able to attend the next one. You are so happy anyway and you have the faculty of making others happy too, which is a great blessing. If you should come up here before I leave (which I hope you may) be sure and come and see me. Angele has the house in fine order, ready for the strangers and you should see their mail. Well, with love to yourself and husband. I am your loving aunt.
Elizabeth Hay
36, pp. 7 & 8, lines 311-334• 19 Aug 1890; date of Declaration for Widow’s Pension. Husband Jonathan Hay “has never been heard of or from by applicant since September 15, 1873. [She] believes him dead.”
2058, p 2• Elizabeth Hay must have been an amazing woman. She bought several parcels of land in and around Freeport, Ill. always in her name. Remember that in 1890, she is shown living with son Walter Hay in Chicago. However, three years prior, she started buying property and swapping property in Seville, Ohio. She bought the Seville Town Hall for $2500 from a bank in Cleveland, subject to the right of the Village of Seville to use the second floor for its business. My cousins in Chagrin Falls, Ohio report that when they were growing up in Seville, all of their school plays and dances were held there, but they never knew great-granny had owned the property. Downstairs, the property was used by a bank and three other businesses. I assume that she bought the property for its value in rental income.
The other Seville, Ohio property consisted of a number of lots near the train tracks on Washington Street. She built 2 houses. In one house, a tiny cottage, she built for her mother-in-law, Sarah Newton, (Jonathan's mother) and also Sarah Loomis, who I think was Jonathan's grandmother. Elizabeth lived next door, in the house where my father was born. Maybe Elizabeth figured that when Jonathan came sniffing around for his inheritance, E.H. would be there with open arms to greet him. When I parsed out the deeds I recalled my father saying something about Elizabeth having her mother-in-law next door.
Elizabeth died of heart disease.
As for the house in Chicago, in the Englewood section, it is within 3 blocks of the University of Chicago, which opened its doors in 1890. It's also within a few blocks of the Illinois Institute of Technology, and several other universities. I suspect that Elizabeth set up housekeeping here so that Walter could be educated. This is just a hunch. I drove around the neighborhood. Looked like mostly new houses in 1880-1890--no commercial section, just lots of colleges.
2026• Elizabeth sold her property in Freeport in 1885. She attempted to file the deed as from Elizabeth and Jonathan (late husband) and when that didn't fly, Oscar Taylor, local bigwig lawyer, who had married her when he was a justice of the peace, made a notation in the margin of the deed that he had, that day, witnessed the signing of a power of attorney from Jonathan to Oscar, and then Oscar signed the deed as attorney in fact for Jonathan. Ha! Love that "home cookin.”
2026• There was no estate record for Elizabeth Hay or Sarah Newton in Medina County, Ohio.
2026• Seville, Ohio is a tiny town, population fewer than 500, south of Cleveland, Ohio, on the Wayne County and Medina County border. Jonathan Hay was born in the Seville area in 1830. Elizabeth Hay, born in Berkshire, Vermont, December 2, 1831, removed to Stephenson County, Illinois, circa 1840, first buys property in Seville (her husband’s home-town) from her mother-in-law, Sarah Newton, on July 14, 1887. On November 18, 1899, Elizabeth conveys one of her lots to Sarah A. Loomis for $500. My father once told me that his grandmother, Elizabeth Hay, built a cottage next to Elizabeth’s home on Washington Street, Seville, for her mother-in-law, and her husband’s grandmother, where she tended to them in their old age. My father was born in Elizabeth Hay’s house on Washington Street. (It is the last house on the block, next to the railroad tracks.) It was conveyed, on December 6, 1907, to Alice Leaton Hay, but not to Walter, by Ada Hay Redington after the death of Elizabeth Hay.
539, p 2; footnote 1