D: James Cleaver (1826-1884)

D:        James Cleaver McCUTCHEON (4) (Robert McCutcheon-3; John McCutcheon-2; Samuel McCutcheon-1) was born on the 10th May 1826 in Erin Township, Wellington County, ON and he died on the 6th December 1884 in Ashland, WI.  He married Mary Ann HUGHES on the 28th February 1851 in Arthur, Ontario.  Mary Ann was born on the 1st May 1834 in Girvin, Scotland and she died on the 29th June 1916 in Ashland, WI.  Mary Ann was the daughter of William HUGHES and Abigail PATTERSON .   ♥

~CHILDREN OF JAMES McCUTCHEON AND MARY ANN HUGHES WERE~

  • Agnes Beck McCUTCHEON (5).                  See i following.
  • William McCUTCHEON (5) was born on the 26th September 1853 in Arthur Township, Wellington County, ON. and he died on the 27th September 1854 aged 1 year.
  • Abigail McCUTCHEON (5).                        See ii following.
  • Catherine Anne McCUTCHEON (5) was born on the 23rd September 1857 in Arthur Township, Wellington County, ON. and died on the 6th January 1864 aged 6 years.  She is buried at Kenilworth Cemetery.
  • Robert John McCUTCHEON (5) was born on the 1st February 1860 in Arthur Township, Wellington County, ON.  He died on the 25 March 1935 at Grand Rapids, MI.  He married Charlotte Smith in 1911.  This couple produced no heirs.
  • William Hugh McCUTCHEON (5) was born on the 31st May 1862 and he died of scarlet fever on the 20th February 1871 in Maryborough, Wellington County, ON.  He is buried with his grandfather, Robert at Kenilworth Cemetery.
  • James Henry McCUTCHEON (5) was born on the 8th September 1864 and he died of scarlet fever on the 7th February 1871 in Maryborough, Wellington County, ON.  He is buried with his grandfather, Robert at Kenilworth Cemetery.
  • Thomas Maxwell McCUTCHEON (5) was born on the 18th April 1867 and he died of scarlet fever on the 2nd February 1871 in Maryborough, Wellington County, ON.  He is buried with his grandfather, Robert at Kenilworth Cemetery.
  • Mary Emma Ann Theresa McCUTCHEON (5) was born on the 8th October 1870 and she died of scarlet fever on the 13th February 1871 in Maryborough, Wellington County, ON.  She is buried with her grandfather, Robert at Kenilworth Cemetery.
  • Lavina Jane McCUTCHEON (5.)                See iii following.
  • Alpheus Clayton McCUTCHEON (5) was born on the 1st November 1875 in Maryborough Township, Wellington County, ON and he died on the 30th April 1924 in Pendleton, OR.  No information on him.
  • Infant McCUTCHEON (5) was born in 1880 Maryborough, Wellington County, ON. and died a few days later.
  • Flosie Melissa McCUTCHEON (5).               See iv following.

JAMES CLEAVER McCUTCHEON

MARY ANN HUGHES

♥ Siblings Married Siblings:  in this case, two brothers, Robert and James McCutcheon married two sisters, Abigail and Mary Ann Hughes.

NOTE:   This family produced 13 children of whom 7 died either in infancy or as young children.  The agony shows in Mary Ann’s face in her picture.

Soon after the death of their last baby in 1880, this family immigrated to Ashland, WI. in 1881.

The McCUTCHEON family name possibly died out with this family.  4 girls of their 13 children produced grandchildren, under married names.  Two of their sons married, but no children have been found for them.

AGNES BECK McCUTCHEON (1851-1936

i. Agnes Beck McCUTCHEON (5) (James McCutcheon-4; Robert McCutcheon-3; John McCutcheon-2; Samuel McCutcheon-1) was born on the 8th December 1851 in Arthur Township, Wellington County, ON. and she died on the 17th July 1936 in Ashland, WI.   They are buried at the Mount Hope Cemetery, Ashland. She married Charles FIKE (26TH June 1848 – 1914) on the 22nd April 1879.  His parents were Jacob Fike and Harriett Basset.

~CHILDREN OF AGNES BECK McCUTCHEON AND CHARLES FIKE WERE~

  • Effie Abigail FIKE (6) B. 17th October 1882 in Huron, Brussels County, ON. D. 1944 in Ashland, WI.  She married Ernest Albert SCOTT (1879-1936).  They are buried at the Mount Hope Cemetery, Ashland. He was a Sargent in the Us Army during World War I.
  • Winifred Mary FIKE (6) B. 29th June 1885 in Huron, Brussels County, ON. and she died on the 22nd July 1961 in Vancouver, WA.  She was buried at Camas Cemetery in Yakima.  She married Claude Adelbert KNAPP (1889-1942) on the 9th October 1915 in Reno, Nevada.  Their children were:  Donald Fike (1916-2002); Catherine Agnes (1919); Hugh Adelbert (1921-2007).
  • Ruby FIKE (6) B. 18th June 1892 in Dollarville, Luce, MI; D. 1st August 1892.

ABIGAIL McCUTCHEON (1855-1889) 

ii.   Abigail McCUTCHEON (5) (James McCutcheon-4; Robert McCutcheon-3; John McCutcheon-2; Samuel McCutcheon-1) was born on the 22nd July 1855 in Arthur Township, Wellington County, ON. and she died on the 6th December 1889 in Pontiac, MI. at the age of 34 years.  She married Oscar Charles BOYNTON (1852-?) in Huron, Ontario on the 12th December 1874.  His parents were James Boynton and Maria Rahine.

NOTE:   Oscar Boynton was a carpenter.  Oscar and Abigail immigrated to the USA circa 1882.

~CHILD OF ABIGAIL McCUTCHEON AND OSCAR BOYNTON WAS~

  • Wilbur Ethelbert Boynton (6) B. 30th November 1877 in Huron, ON.  He married Lenora M SMITH (1890-1945) on the 5thJuly 1906 in Illinois.  They produced 6 children; Dorothy Lulu (1910-1975); Charles Oscar (1912-1982); Wilbur E (1916-1982); George (1920); Robert (1921); Albert (1925).

NOTE:   Wilbur was drafted twice; First on the 12th September 1918 at the age of 41 years during WW I and then again in 1942 during WW II when he was 65 years old.  According to family folklore, he never served in either war.

LAVINA JANE McCUTCHEON (1873-1951)

iii.   Lavina Jane McCUTCHEON (5) (James McCutcheon-4; Robert McCutcheon-3; John McCutcheon-2; Samuel McCutcheon-1) was born on the 15th August 1873 in Maryborough Township, ON; she died on the 26th February 1951 in Saint Louis, MN.  She married John Rawson KERR (1873-1966) on the 29th April 1897 in Dollarville.  His parents were Duncan Kerr and Jane Ellen Rawson.

 LAVINA JANE McCUTCHEON

~CHILDREN OF LAVINA JANE McCUTCHEON AND JOHN  KERR WERE~

  • Howard Wesley KERR (6). B. 28th November 1897.  D. 9th February 1978 in St. Louis, Minnesota.  He married Lavina SENZIG.  Their children: Mary Jane (1919-2004); Robert John (1921-2004); Lorna Ann (1922-2000); Kathleen Lois (1925); Duncan Howard (1929-2007); Carol Lavina (1936-2010); Nicholas (1940).
  • Mary Ellen KERR (6). B. 26th August 1899 in St. Louis, MI.  She married Howard Payton GOARD.  Their children: Kerry McCutcheon; John H.
  • Yvonne Agnes KERR (6).  B. 24th August 1901 in St. Louis, MI.  D. 16th January  2000 in San Jose, CA.  She married Douglas Earl REMO.  Their children:  Jacqueline J; Sally Royce (1927-2007); Dorothy L, Unknown Female.  ☺☺
  • Esther Abigail KERR (6). B. 21st May 1903 in St. Louis, MI.  D. 26th February 1973 in Cleveland, OH.  She married Roger GANDSEY. Their child: Susan Marion.
  • Kenneth KERR (6) 1905-1905.
  • James Keith KERR (6).  B. 10th March 1910. D. 16th May 1984 in St. Louis, MI.  He married Carolyn Rose WIDSTRAND.  Their children: James; Kerry; Kenneth; Baby girl.

☺☺      Lived to be a Nonagenarian or more.

FLOSSIE MELISSA McCUTCHEON (1883-1965)

iv.    Flossie Melissa McCUTCHEON (5) (James McCutcheon-4; Robert McCutcheon-3; John McCutcheon-2; Samuel McCutcheon-1) was born on the 1st July 1883 in Ashland, WI. and she died on the 2nd April 1965 in Los Angeles, CA.  She was buried at the Forest Lawn Hollywood Hills Cemetery.  She married Frederick William WALSMITH (1877-?) 11th November 1908 in Sioux Falls, Iowa. His parents were Harry M Walsmith and Charlotte Tummel.

FLOSSIE McCUTCHEON – The Silly Old Fools:

Cook County Herald; 26th November 1904:

Duluth Tribunal: The celebrated Ham-Potter breach-of-promise case which was tried at the September term of Court, was nasty enough and filthy enough to satisfy any lover of salacious, but the McCutcheon-Powers damage suit, which is now on the docket, in which Mrs. McCutcheon, for her minor daughter, Flossie, seeks damages in the amount of $50,000 from A.H. Powers, a wealthy contractor of Hibbing, who is a married man with a family of grown-up children, bids fair to be filthier still.

Mr. Powers claims of course, that this is a case of blackmail, but even if this should be proven to be true, we presume that he will admit that it is another case of an “old fool” and of all fools an “old fool” takes the case for silliness. By the way, what in the mischief ails so many of the “old bucks” in this ‘neck o the woods?’

Don’t they know that if they get to browsing around in outside pastures they are very apt to get into trouble sooner or later? 1

FLOSSIE McCUTCHEON – MADE NO CASE:

4th February 1905; Minneapolis Journal: Page 19:

Flossie McCutcheon Acquitted – Was Charge Trumped up?

Duluth Minnesota: The jury in the case of the state versus Flossie McCutcheon of Superior last evening found her NOT GUILTY of forgery after 15 minutes of deliberation.

Miss McCutcheon was charged with having forged the name of T. S. Silliman of Hibbing to s receipt for $30. She and her mother conducted a cigar and confectionary store at Hibbing last summer. All though the case just ended a certain thread ran bearing on the case of Mary McCutcheon against A. H. Powers to come up in the federal court in a few days. Mrs. McCutcheon on behalf of her daughter Flossie McCutcheon is suing the well-known logger for $50,000 damages.

The arrest of the girl for alleged forgery a week before the trial was a surprise. Had she been convicted of forgery her testimony in the case yet to be tried would have been discredited and her attorneys strongly intimated that the charge was brought to have this affect. 2

GIRL ARRESTED IN INDICTMENT:

The Evening Statesman, 5th February 1905: Page 2:

Miss McCutcheon Faces Forgery Accusation at Duluth:

Duluth Minnesota, February 7: A sensation was sprung in district court today when Miss Flossie McCutcheon of Superior was arraigned on a charge of forgery. Miss McCutcheon has begun a damage suit against A. H. Powers, a prominent logger and mining man of Hibbing, charging him with seduction and kindred crimes.

The indictment on the charge of forgery was returned by the grand jury, but as Miss McCutcheon lived in Superior, she was not arrested although efforts were being made to procure requisition papers in order that she may be taken into custody on a bench warrant. Theodore Hollister and George Spangler of this city, attorneys for Miss McCutcheon, upon hearing of the indictment, advised her to come to Duluth.

The indictment charges that Miss McCutcheon forged the name of T. S. Silliman of Hibbing to a receipt in June of last year. It is asserted by Mr. Silliman that he had some accounts against her for collection and that she now exhibits a receipt for $30, purporting to be from him as representative of one of her creditors. Mr. Spangler, for the defence, says that the charges against Miss McCutcheon are trumped up in order to prejudice her case against Mr. Powers, which will come up in the United States court next week. 3

POWERS COUNSEL AIMS TO IMPEACH:

14th February 1905: Woman who accuses him sticks to her story;

Denies suggestions relations with other men prior to meeting the defendant – Mrs. Powers hears the damaging evidence against her husband in trial at Duluth; Special to the Journal:

Duluth, Minnesota; February 14th: After being on the stand through the whole of four sessions, a total of 10 hours and a half, the young woman for whose ruin Albert H Powers, the Hibbing lumberman, is asked to pay $50,000.00, left the stand today.

She withstood the ordeal of cross-examination with surprising calmness. The questioning of Senator Baldwin, attorney for Powers, was apparently intended to lay a foundation for her impeachment, which she was made to deny relations with several men prior to her affair with Powers. The defence is said to have about 60 witnesses to call.

Miss McCutcheon swore that Powers told her he was separated from his wife; that their marriage was a mistake, and that he was sorry he had not met her before he married. Questions as to her borrowing money from different men to pay her debts brought the admission that she had done so, but she asserted the amounts were much smaller than the counsel had intimated.

Mrs. Powers, wife of the defendant, heard the testimony. 4

27th February 1905 – Duluth Minnesota: Trial ended in a hung jury. The jury was unable to arrive at a decision. Re-trial was first set to the July 1905 Court term, then postponed until January 1906.

CLASSIFIED AD addressed to Flossie McCutcheon:

Minneapolis Journal: 25th November 1905: Page 15:

If Flossie McCutcheon will send PO Box address to address below, she will hear of something to her advantage. ADDRESS 1113 Journal. 5

18th January 1906: Lawsuit of Mrs. Mary A McCutcheon against Albert H Powers was dismissed on the motion of Mrs. McCutcheon’s attorney citing failure to round up witnesses. Judge dismissed the suit.

23rd June 1911 – Ruth Eileen Walsmith – On Birth registration – mother’s maiden name: Flossie M Hughes.

1910 US Census – Flossie’s mother, Mary Ann HUGHES McCutcheon was using her maiden name.

1917 State Census – Flossie OCCUPATION:  Teller for First National Bank in Sioux City. She was still living with Frederick Walsmith.

1918 WW I draft – Flossie and Fred were still together in Montana. He was a Banker for First National Bank.

1925 State census – Fred was living in Washington State with his 2 children and he was divorced. Flossie and Frederick Walsmith divorced shortly after their second child was born and he retained custody of their two children.  Shortly after she divorced Fred, Flosie joined the Aimee Semple MacPherson Evangelistic group and went to California.

5th December 1995 – Frederick Walsmith’s, Flossie’s son, death registration states his mother’s maiden name as ‘Hughes’.

1965:  Flossie was buried at the Forest Lawn Hollywood Hills Memorial Park Cemetery, Age: 81; Aimee Semple MacPherson is also buried in this cemetery.

Conclusion:  The 5 newspaper articles found reporting on the McCutcheon-Powers trial shed some light on the plight that women faced in the early part of the 20th Century. Sexual relationships outside of wedlock between two parties traditionally were always the ‘fault’ of the female. However, Mary initiated a lawsuit claiming Flossie was ‘seduced’ by an older married man. Mary Ann took matters into her own hands and made an attempt to do something about it. It is not known if Mary Ann first contacted the police. It is also not known if this coupling produced a child.  In today’s terms, this act would be called statutory rape.

After several court cases, she failed and it seems that both mother and daughter changed their last name to “Hughes” for the duration of their lives. These court events – especially the very public false accusation of Flossie having sexual relations with several men – probably caused them a large amount of shame.

~CHILDREN OF FLOSSIE MELISSA McCUTCHEON AND FREDERICK WALSMITH WERE~

  • Frederick William WALSMITH (6) B.  30th August 1909 in Cedar Falls, IA. D. on the 5th December 1996 in Alameda, CA.  He married Mildred Alice GUTENACHT in 1942 in Iowa. They had one known child.
  • Ruth WALSMITH (6) B.  23rd June 1911 in Cedar Falls, IA. D. 7th April 2004 in Olathe, Kansas.  She married George LINDEKIN and they had 3 children.  ☺☺

~CHILDREN OF FLOSSIE MELISSA McCUTCHEON AND UNKNOWN WAS~

  • Joy HUGHES (6); Nothing is known about her at this time.

SOURCES:

1               http://chroniclingamerica.loc.gov/lccn/sn90060625/1904-11-26/ed-1/seq 5/#date1=1836&index=5&rows=20&words=Flossie+McCutcheon&searchType=basic&sequence=0&state=&date2=1922&proxtext=mccutcheon+flossie&y=0&x=0&dateFilterType=yearRange&page=1

2               http://chroniclingamerica.loc.gov/lccn/sn83045366/1905-02-04/ed-1/seq-21/#date1=1836&index=0&rows=20&words=Flossie+McCutcheon&searchType=basic&sequence=0&state=Minnesota&date2=1922&proxtext=flossie+mccutcheon&y=0&x=0&dateFilterType=yearRange&page=1

3                      http://chroniclingamerica.loc.gov/lccn/sn88085421/1905-02-07/ed-1/seq-2/#date1=1836&index=0&rows=20&words=Flossie+McCutcheon&searchType=basic&sequence=0&state=&date2=1922&proxtext=flossie+mccutcheon&y=0&x=0&dateFilterType=yearRange&page=1

4                      http://chroniclingamerica.loc.gov/lccn/sn83045366/1905-02-14/ed-1/seq-2/#date1=1836&index=1&rows=20&words=Flossie+McCutcheon&searchType=basic&sequence=0&state=Minnesota&date2=1922&proxtext=flossie+mccutcheon&y=0&x=0&dateFilterType=yearRange&page=1

5               http://chroniclingamerica.loc.gov/lccn/sn83045366/1905-11-25/ed-1/seq-15/#date1=1836&index=4&rows=20&words=FLOSSIE+McCUTCHEON&searchType=basic&sequence=0&state=&date2=1922&proxtext=flossie+mccutcheon&y=0&x=0&dateFilterType=yearRange&page=1

☺☺      Lived to be a Nonagenarian or more.

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