Commonwealth of Pennsylvania v. Mathias Althouse
Being a case of Adultery, Fornication and Bastardy
in Upper Bucks County
By Daniel P. Morrison, M.Phil
Fellow of the Doylestown Institute
OCCASIONAL PAPERS – 2001 No. 1
THE DOYLESTOWN INSTITUTE
Daniel P. Morrison Ó 2001 All Rights Reserved
In all times and places, rascals, rogues, and rapscallions have enjoyed the carnal pleasure of women other than their own wives, sometimes siring children out of wedlock. Some things never change. The consequences of adultery and the begetting bastards, however, has varied widely.
Those of us born in the late twentieth century find it hard to imagine that adultery, fornication and bastardy might be crimes, much less crimes punishable by many months in prison.
Such, however, was the case in the United States not so long ago.
In this paper I briefly review the particulars of Commonwealth of Pennsylvania v. Mathias Althouse – a case of adultery, fornication and bastardy, in which the defendant, a carpenter from Richlandtown, Bucks County, was convicted of these crimes and fined, charged with the support of his bastard child, and sentenced to eight months in the county jail.
From his arrest on September 17, 1861 until his final release on November 6, 1862 – fully 447 days – Althouse languished in the jail at Doylestown. When Althouse finally regained his freedom, he had been in the county jail longer than any other prisoner during the years 1861 and 1862.
Sources
There are several sources of information regarding the parties involved in Commonwealth of Pennsylvania v. Mathias Althouse.
Doylestown Weekly Intelligencer — This weekly newspaper published in the county seat of Bucks County, carried two items regarding Mathias Althouse, one on November 26, 1861 and one on December 2, 1861. The earlier article lists Althouse under the title "Prison Affairs," an item listing the fourteen people in the Doylestown jail awaiting trial. The later article devotes more than 500 words to Althouse's trial, including detailed information regarding the testimony given in the case – information not contained in the court records.
Bucks County Court Records — Althouse was tried and convicted in Doylestown before the Court of Quarter Session of the Peace of Bucks County during the December 1861 session. Court records provide the names of the jurors, the attorneys, the witnesses called by each side in the case, the charges, the court costs, and the judgment and sentence of the court. Unfortunately, these records offer no insight into the details of the arguments placed before the court.
U. S. Census Records — Census records provide a minimal insight into the location and household circumstances of the parties to this case. We find Mathias Althouse and his household in the Bucks County census records of 1850, 1860, 1880, and 1900. We find Hetty Campbell and her household in the Bucks County census records of 1860, 1870, and 1880. We see William Campbell, the bastard son of Mathias Althouse, in the Bucks County census records of 1870 and 1880. Unfortunately, the census records are not as accurate as could be desired. The ages of individuals are often incorrect, as we can ascertain from more reliable records.
Genealogy of the Althaus-Althouse Family: A Preliminary Study — This self-published family history written by Daniel M. Althouse and John Baer Stodt provides information regarding the ancestors of Mathias Althouse, going back to Arndt Althaus, his great-grandfather and the progenitor of the Althouse family in Bucks County. Unfortunately, it contains no information regarding the descendants of Mathias.
Cemetery Records — We find tombstones of Mathias Althouse, Hetty Campbell, and three legitimate sons of Mathias Althouse in the Quakertown Union Cemetery, St. Luke’s Union Cemetery (Ferndale), and Tohickon Union Cemetery (Keelersville).
The Althouse Family
The progenitor of the Althouse family in Bucks County was Arndt Althaus, one of 596 passengers aboard the ship Fane from Rotterdam to Philadelphia, bearing families from the Palatinate, Wirtemburg and Rottenheim. He took the oath of allegiance at Philadelphia on October 17, 1749. Arndt Althaus died August 6, 1758 and is buried in the churchyard of the Tohickon Reformed Church in Bedminster Township.
Among the four children of Arndt Althaus was Daniel Althaus, who married Anna Marie Scheib on September 28, 1773. She bore him four sons and two daughters and then died at the age of 32 on January 16, 1783. Daniel Althaus married Juliana Schwenk who bore him five sons and one daughter. He died at the result of an accident on December 16, 1795.
The fourth of the twelve children of Daniel Althaus was John Martin Althouse, born June 14, 1778. On November 31, 1802, he married Catherine Ziegenfus and had eleven children. He owned a farm near Keller's Church and also worked as a stone mason. He was killed accidentally in April 1839, while returning with a team of horses from Philadelphia.
The ninth of the eleven children of John Martin Althouse was Mathias Althouse, born September 21, 1826. Thus, Mathias Althouse was a fourth-generation American, born to a family with both land and a trade.
Mathias Althouse prior to 1861
On September 30, 1848, Mathias married Lydia Anna Leh in the Tohickon Reformed Church, Bedminster Township. According to her stone in the Quakertown Union Cemetery, Lydia was born March 6, 1834, making her fourteen and one-half years old when she married.
On September 5, 1850, the census records list Mathias as a 25-year-old carpenter without any real estate living with his 16-year-old wife.
In the Tohickon Union Cemetery we find evidence of three sons of Mathias and Lydia Althouse – all having died as babies. Samuel Althouse was born June 30, 1850 and died Sept. 10, 1850. Mathias Althouse was born November 1851 and died Jan. 5, 1852. James Martin Althouse was born Feb. 24, 1857 and died Dec. 10, 1857.
On June 26, 1860, the census records list five people in the Althouse household. Mathias is listed as a 31-year-old carpenter and Lydia is listed as a 31-year-old wife – these ages are both incorrect. There are two girls listed: Catherine, age seven, and Mary E., age one. Also living in the house is Jacob Ziegler, aged 12. Ziegler was called as a witness for the defense in the case under consideration.
An 1860 Richlandtown map shows an M. Althouse living in what is now the borough of Richlandtown, across the road from the farm of Lewis Benner. Benner was called as a witness for the prosecution in the present case.
The census record of 1860, a year prior to his arrest, lists the value of his real estate at $1,800 and his personal estate at $500. His wealth was comparable with his neighbors: his next door neighbor, a shoemaker, has real estate worth $2,000 and a personal estate worth $500. Two doors down, a pair of bricklayer brothers share real estate worth $1,600.
We can ascertain that just a year prior to his crime, Mathias Althouse was a middle class tradesman, living in a rural community with his wife of 12 years and a small family. Tragically, he had lost three sons to early deaths in the previous decade.
Hetty Campbell prior to 1861
According to her tombstone in the St. Luke’s Union Cemetery, Ferndale, Campbell was born July 11, 1828 and died July 26, 1884. Buried in the same cemetery is her husband, Frederick Campbell, born April 1, 1822 and died July 14, 1860.
According to the 1860 census, Hetty was heading a household of five. Living with her are Susanna, age 11, Mary Emma, age 9, Jonas, age 1 and Amanda age 1. Hetty's age is listed as 32.
The record says nothing regarding her profession, neither does it mention that she is a widow. She lives next door to a John J. Campbell and two doors down from a John U. Campbell. It is possible that the Messrs. Campbell are in-laws and that she lives on family property.
It is important to note that Hetty Campbell is illiterate, as we can judge from her affidavit, which bears her "x" mark.
Her estate is listed as comprising $3,000 worth of real estate and a $700 personal estate. That is to say, she is wealthier than Mathias Althouse.
The Crime
The article in the Bucks County Intelligencer, which is transcribed in the appendix, provides many details of the crime, so here we need only briefly sketch the events and draw attention to some interesting elements.
In early 1861, Althouse, aged 33, traveled to the house of Hetty Campbell, aged 31, and claimed to be Peter Detweiler, a widower living south of Quakertown. He said that he wanted to hire her as a housekeeper, and that if things worked out well, he would support her and her children. During this first interview, Campbell "submitted to the desires of Althouse" as the newspaper account puts it.
Althouse then called on Campbell several more times, each time having carnal knowledge of the widow.
On one occasion, Campbell told him that she was pregnant. He was unconcerned, saying that all widows know how to deal with such circumstances. He then no longer visited her. Campbell went to the magistrate and swore a complaint against Peter Detweiler, who was arrested. When the real Peter Detweiler appeared before the magistrate along with Campbell, all the parties present realized they had the wrong man.
No records have come to this writer's attention that indicate how the courts and Campbell ascertained Mathias Althouse was the man who was responsible for the child growing in Campbell's womb. But somehow that was done, and Althouse was arrested on Sept. 17, 1861.
The Trial and Sentence
For the prosecution, the court heard the testimony of Hetty Campbell and four other witnesses present in the courtroom. Affidavits were entered for four witnesses, including Lewis Benner, a farmer living across the road from Althouse, and Peter Detweiler, the man whose good name was abused.
For the defense, only one witness was called, to wit, Jacob Ziegler, the 12-year-old lad living with Althouse. The boy was either kin to Althouse or beholden to him as an employee, and, given the outcome of the case, it is apparent that his testimony was of little consequence.
While Althouse plead innocence, claiming he never saw Campbell until she appeared in the courthouse, he was convicted on both charges. For adultery, he was fined $1 and sentenced to the county jail for 8 months. For fornication and bastardy, he was fined $1, and required to provide $2 on account and 75 cents per week to support the child until age seven.
The Aftermath
Althouse emerged from the Doylestown jail on November 6, 1862. He had spent 75 days in jail awaiting trial – the court being in session only once per quarter. Following his sentencing, he remained in jail for another 342 days in jail – nearly 100 days more than the eight-month sentence. While the reason for this overage is not clear, the sentence of the court required that he remain in jail until his fines were paid. It hardly seems possible, however, that he would have remained in jail three extra months an account of a few dollars.
So what became of Mathias Althouse, Hetty Campbell and their bastard son? Unfortunately, the record is sparse, but we can snatch a few glimpses during those moments when their lives intersect the duties of the census taker.
Mathias Althouse — Mathias Althouse does not appear in the Pennsylvania census records of 1870. It is possible that he had left the state during that time, or simply that he somehow eluded the census takers. He does appear in subsequent census records, continuing to live in the general area he lived all his life.
We catch up with Althouse in the 1880 census. He is listed as a 53-year-old carpenter, living with his wife, Lydia
Ann, aged 46. His 15-year-old daughter, also named Lydia Ann, is at home. Rounding out the household is Clementine Reeder, a 10-year-old granddaughter. She is likely the daughter of Catherine Althouse, aged seven as of the 1860 census.
In the 1900 census, we find Althouse, aged 78, living with his wife Lydia, aged 69. The children are gone and they have celebrated their 51st wedding anniversary in the past year. His profession is still listed as carpenter and there are four others in his employ.
In sum, it seems Althouse returned to his life, raised his family, continued his profession, remained married, and lived to a ripe, old age of 81. His tomb stone in the Quakertown Union Cemetery lists his date of death as Aug. 15, 1907. His widow survived until December 12, 1925 and is buried next to him.
Hetty Campbel — Hetty Campbell life following the birth of her bastard son clearly takes a downward turn, though it is entirely possible that that negative trajectory had begun upon her being widowed.
In 1860, Campbell's estate is valued at $3,700. In 1870, we find Hetty living as a domestic servant living in the household of Samuel Hefler, a 61-year-old farm laborer. She has no personal property listed in the census, and her employer is listed as owning only $500 in real estate and $200 in personal property. Hefler is poor relative to his neighbors. The neighbor on one side is a farmer with a worth of $2,000, and on the other side is farm hand worth $1,120.
The 1870 census lists Hetty Campbell as having two children with her. William, aged 8, is appears to be the bastard son of Althouse. Clementine, aged 5, is seems to be another bastard child, given the fact that Campbell has no husband.
In 1880 census, we find Hetty Campbell living with her son, Jonas. The record tells us nothing more than that she was healthy at the time she was visited by the census taker.
Hetty Campbell died on July 26, 1884, aged 56.
She doesn't appear in the 1900 or 1920 census, though we do see her son Jonas in the 1920 census records, living with his wife, two children and mother-in-law.
In sum, it seems Campbell continued to have carnal knowledge of men without the benefit of marriage, with the consequence of increasingly desperate economic conditions.
William Campbell — We have only slim information about the bastard at the center of this story. After appearing in the 1870 census, a 7-year-old boy living with his mother and younger sister in the house of Samuel Hefler, we see him again, in the 1880 census, now an 18-year-old farm hand living in Wrightstown on the farm of David Slack. After that point, this author has been unable to find any information about the boy.
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APPENDIX Doylestown Weekly Intelligencer
November 25, 1861
Prison Affair. — There are fourteen persons in the Doylestown jail awaiting trial at the present term of Court. The offenses charged are principally of a petty character, though considerable time will be occupied in disposing of these cases . The names of the prisoners and the offenses charged are as follows:
-- SECTION CUT --
Mathias Althouse, charged on oath of Hetty Kemble, with fornication and bastardy. Althouse is from the upper end of the county, and although the offense charged is one of common occurrence, the circumstances under which it is alleged it was committed add interest to the affair. The defendant is charged with acting under false pretenses. Some rich developments may be looked for when the case comes up for trial.
Doylestown Weekly Intelligencer
December 2, 1861
Commonwealth vs. Lydia Ann Althouse — Assault and battery, on complaint of John Hinkle, Jr., of Richland township. The defendant is the wife of Mathias Althouse, whose name also appears in the report of the proceedings of this term. The prosecutor is the constable of Richland township, and having an execution in his hands against Mr. Althouse, went to where he lived to levy on some of the property, when it was claimed by the defendant as hers. The constable being disposed to disregard her claim, she assaulted and beat him – and hence this complaint. The goods, were however seized, and sold by the constable, and a civil suit is now pending by the defendant against the constable for damages therefrom. This prosecution for assault and battery was now settled by the parties, and a nol pros. entered. Gilkyson for Commonwealth.
Commonwealth vs. John Hinkle — Assault and battery, on complaint of Lydia Ann Althouse, in the above report named. This was a cross action to the above mentioned, arising out of the same occurrence. Settled, and a nol pros. entered. Gilkyson for Commonwealth.
Com. vs. Peter Detweiler alias Mathias Althouse — Adultery and F. & B., on complaint of Esther Campbell of Haycock township. The defendant is a married man, and lived in Richland township. The prosecutrix testified that she was a widow with several small children, her husband having been dead about six months, when she became acquainted with the defendant; that he came to the house where she was living alone with her children, and stated that he was a widower, his wife having been dead some time, that his name was Peter Detweiler, and that he lived in Richland township; that having heard of her he had come to see if he could not hire her to keep house for him; that if she would she could get along very will, as he would pay her and would take good care of her and her children. That subsequently, on this first interview, and at several times afterward, she submitted to his desires. But that finally, at one of his visits, she informed him of her condition, when he replied that was a matter of little moment, as widowers well understood what to do in such cases; that he, however, never visited her again, but left her to get along as best she could; when some months subsequent she had a warrant issued, and a real Peter Detweiler, who lived a few miles from the defendant, in the same township, and who, had really been a widower some six years, arrested on this charge. But when the constable arrested Peter Detweiler he seems to have been very much surprised at the charge against him, and when he and the prosecutrix met before the Justice, they found that they were entire strangers. Subsequent inquires directed attention to he fictitious Peter Detweiler, who was arrested, but on meeting the prosecutrix, protested he had never known her. But she insisted that she had had a very intimate acquaintance with him, and various other circumstances being proved to corroborate her allegations and the defendant being unable to give bail, was committed to jail, where he remained until Court. The evidence now on the trial was positive and conclusive, on behalf of the Commonwealth. The prosecutrix's testimony was corroborated in various respects. The defense called but one witness, whose testimony failed to aid the defendant. The jury, therefore, rendered a verdict of guilt. Gilkyson and T. & H. Ross for Com., James for defendant. When asked what he had to say why the court should not pass sentence upon him, he replied that he was innocent, and had never seen the prosecutrix until after his arrest, he met her at the Justice's office. The Court replied that this story might possibly be true, but that the evidence had been pretty strong against him, and that they were, therefore, obliged to believe the verdict of the jury correct. Sentence for adultery, -- $1 fine and county jail for 8 months, for F. & B., $1 fine, $2 lying in expenses and 75 cents a week, until the child is seven years old.