Julia Dean Hayne divorce proceedings

Julia Dean Hayne divorce proceedings, 1865

Overview of the Collection

Collector: Bertosch, Marvin J.
Title: Julia Dean Hayne divorce proceedings
Dates: 1865 (inclusive)
18651865
Quantity: 0.25 linear feet
Collection Number: MS 0293
Summary: The Julia Dean Hayne divorce proceedings (1865-1866) were filed before Judge Elias Smith in the Great Salt Lake City Probate Court, Territory of Utah, in 1865 and again in 1866 between Julia Dean Hayne and Arthur P. Hayne.
Repository: University of Utah Libraries, Special Collections
Special Collections, J. Willard Marriott Library
University of Utah
295 South 1500 East
Salt Lake City, UT
84112-0860

Telephone: 8015818863
special@library.utah.edu
Access Restrictions: Twenty-four hour advanced notice encouraged. Materials must be used on-site. Access to parts of this collection may be restricted under provisions of state or federal law.
Languages: English

Historical NoteReturn to Top

Julia Dean Hayne (1830-1868) was born on 22 July 1830, in Pleasant Valley, New York, to Edwin Dean and Julia Drake Fosdick Dean. When Julia was two, her mother died. Feeling inadequate to take care of a toddler, Edwin sent Julia to live with his parents; thus, Julia spent most of the first eleven years of her life with her grandparents in Dutchess County, New York. When Julia turned eleven, her father resumed custody of her and immediately began training her for the stage. By 1843, Edwin had procured positions, for the two of them, with Ludlow's Stock Company. According to actor Joseph Jefferson, Julia was quite a sensations with her beauty, confidence, and stage presence; she is said to have dazzled audiences in Alabama, Nashville, Cincinnati, and Louisville. At fifteen, Julia's father was seeking starring positions for her, and she gained a reputation for her lead roles in Shakespearean and non-Shakespearean roles.

In 1854, in Charleston, South Carolina, Julia met Arthur Hayne, the son of a well-to-do coastal family. The two married, but Julia soon found that her new husband was an abusive drunk. At first, the union seemed to promise great things for Julia, Arthur's family had several connections in South Carolina; but the union quickly turned sour. Even Julia's father noticed how unhappy Julia was with Arthur, and came to the knowledge that their union was deteriorating Julia health, and that Arthur would drunkenly beat her. Julia had become Arthur's ticket to attaining independence from his family, but resentment over the contrast between her professional success and his failure manifested itself in an ugly brutality that ultimately drove Julia to sue for divorce in 1865.

Obtaining a divorce in nineteenth-century America was difficult, but southern states made the procedure nearly impossible. This led Julia Dean to file her suit in Utah. The court ruled in her favor; Arthur's intemperance, coupled with his neglect of Julia and their three children, swayed the legal decision, for she received full legal custody and total control of her financial and material assets. Julia Dean Hayne banked on her professional skills and continued to play to enthusiastic houses in the West and South. She resumed her maiden name and continued to act. Her last stage appearance in New York in 1867. She died in New York City, 6 March 1868.

Content DescriptionReturn to Top

The Julia Dean Hayne divorce proceedings (1865-1866) were filed before Judge Elias Smith in the Great Salt Lake City Probate Court, Territory of Utah, in 1865 and again in 1866 between Julia Dean Hayne and Arthur P. Hayne. The file contains the original documents. First is the actual petition of the plaintiff, Julia Dean Hayne; she requests divorce from Arthur P. Hayne and custody of their three children, Arthur, Robby, and Julia. Her complaint is that Arthur Hayne "utterly neglected and failed to provide for the maintenance and support of his said family..." Second, is the letter of Judge Smith to the sheriff and his deputies authorizing the summons of Arthur Hayne before the court. Third is the actual summons, including the petition of Julia Hayne and the registered letter signed by Arthur Hayne. Fourth is the actual granting of the divorce in the decree of the Hon. Elias Smith. The decree states that since the defendant failed to appear in court, the divorce was granted and custody of the children awarded to Julia Hayne.

Use of the CollectionReturn to Top

Restrictions on Use

The library does not claim to control copyright for all materials in the collection. An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR, part 46 (Protection of Human Subjects). For further information, please review the J. Willard Marriott Library’s Use Agreement and Reproduction Request forms.

Preferred Citation

Collection Name, Collection Number, Box Number, Folder Number. Special Collections, J. Willard Marriott Library, The University of Utah.

Archives West Finding Aid

Table of Contents