Wednesday, January 30, 2013

Mystery Solved?


Mary Ann Wateridge (1828 - 1886): Henry Puzey's First Wife

Ann Selina Earney (1841-1920): Henry Puzey's Second Wife

How could Henry Puzey leave his wife and children (8 living) behind when he emigrated to the United States?  Well, according to Henry in a court of law, it was the other way around - his wife left him.

The answer was shared in the account of a case put against him on the charge of polygamy.

In 1890, during an election, several hundred men were called up on charges that they were ineligible to vote.  The Deseret Weekly newspaper called this a "Liberal plot" and another action in the attempt to "rob the people" in the upcoming election by swelling the voter list with fraudulent registrations while at the same time trying to remove others  who would vote against them.

The men were accused by David Webb, who never appeared in the court to stand against the men and give them a chance to confront their accuser.  What these men did have to do was answer to the charges in a court of law in order to keep their names on the registration list.  The charges included questions of residency, naturalization or polygamous marriage.  Many of the men failed to appear (some because of difficulties finding the location of the hearing) and their names were duly stricken from the lists, making them ineligible to vote in the election. Henry Puzey did appear and his case was specifically reported in the press.

Here is the excerpt from the Deseret Weekly in February 1890 which refers to Henry Puzey.

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The next case that came up, however, takes the premium.  It was that of Henry Puzey, of the Twentieth Ward.

Mr. Puzey testified, in effect – I am not a polygamist (the ground of challenge); have never been a practical polygamist, though I have had two wives. My first left me, and afterward, in 1868, without getting a divorce.  I married again. In a few years the first wife died, and learning my status under the law, I made the second wife my legal wife by marrying again.  I have never been convicted of polygamy, and never lived with two wives; have never been amnestied.

Registrar Winters – I may as well decide this and al’other like cases right now.  Mr. Puzey is objected to on the ground that he is a polygamist. The law of 1862 says:

“That every person having a husband or wife living, who shall marry any other person, whether married or single, in a Territory of the United States, or other place over which the United States have exclusive jurisdiction, shall *** be adjudged guilty of polygamy.*** Provided, nevertheless, that this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years without being known to such person within that time to be living; nor to any person by reason of any former marriage which shall have been dissolved  by the decree of a competent court; nor to any person by reason of any former marriage which shall have been annulled or pronounced void by the sentence or decree of a competent court on the ground of the nullity of the marriage contract.”

Mr. Puzey, you do not need to be convicted of polygamy. The law has adjudged you guilty. You are a polygamist, not having been pardoned or amnestied.  Section 6 of the law of 1882 says:

“That the President is hereby authorized to grant amnesty to such classes of offenders guilty of bigamy, polygamy or unlawful cohabitation before the passage of this act, on such conditions and under such limitations as he shall think proper; but no such amnesty shall have effect unless the conditions thereof shall be complied with.”

Mr. Puzey, you will not be allowed to vote.  Your name will be stricken from the list on the ground that you are a polygamist.  The challenge is sustained.  This ruling will govern all cases like this.

B.W. Driggs, Jr. (who appeared for the People before Registrar Winters) – Mr. Registrar, you have overruled Judge Zane!

The registrar only smiled.

Mr. Driggs – And the Supreme Court of the United States, too!

Another smile. That was all.

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The Deseret Weekly, February 9, 1890

Court case aside, if this is a true statement, Henry was no longer living with Mary Ann and the children when he left for the United States. Did she leave him because of his conversion to the gospel? Did she leave him when he started making plans to join other saints as they journeyed across the plains to settle in the Salt Lake Valley?

Questions still remain but this is another piece of information found.

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