Friday, November 18, 2016

Samuel Murray Tubbs - Part II: "A Pistol Shot"

Pedigree: Me > William R Compton II > Helen Tubbs > Samuel Tubbs (my great grandfather)

A Pistol Shot  Elmira Daily Gazette and Free Press, April 29, 1897  As a result of a sensational shooting affair which occurred in the vicinity of Baden Baden yesterday afternoon, Constable Patrick Fean placed J. George Zimmerman under arrest at 10:30 o'clock this morning while the latter was engaged in driving his milk wagon on College Avenue. The cause of all this trouble dates back for some time and involves an interesting story of family trouble. [Samuel] Tubbs and Zimmerman live on adjoining farms. In order for Tubbs to drive from his farm to another piece of property he owns he has to cross over a road on Zimmerman's property.
Mary Alice Tubbs Zimmerman
Mr. Tubbs, the complainant, was seen this morning and gave his story of the trouble as follows:
"One year ago the first of last January Zimmerman, I am sorry to say, married my daughter Alice [Tubbs]. They lived together peacefully for a while but soon the man began to treat her like a brute. He did not give her enough to eat and the only food he kept in the house was rye bread, meal, and potatoes. Last February she was compelled by his abuse to leave him. He frequently struck her and he has knocked her down. She came back to my house where she now lives and is in a delicate condition. This made a feeling between us and Zimmerman expressed that he would get even with me. The only way I can get to my land from my barn is to cross through that road on his land. It has been used by our family for over 100 years, and the lawyers tell me I have a right to use it. Zimmerman has said that I should not travel over it and I told him if he wanted to stop me it must be done through the courts. Yesterday I sent my hired man to drive to the field and Zimmerman stopped him. Accordingly I jumped in the wagon and started to drive across. Zimmerman saw me coming and jumped into an old boat to cross the river and head me off. The boat swamped, and after he got ashore he fell in the brush so that I was ahead of him and stopped when he came up. I asked him what he meant by this action and he said "I'll show you," and pulled a revolver from his pocket and said "I'll kill you." He then aimed at me point blank and fired while standing not more than 15 feet away. The shot missed me and I drove on and came to this city and escaped him. My lawyer did the rest for me. "Will your daughter take any action against him?" he was asked. "Yes, if she ever gets over her present troubles she will bring an action for divorce. When the shot was fired yesterday she heard it at the house and fainted and was unconscious for some time. Taking that and her condition she is now in bad shape. I think we have him now where he can't get away as I have a number of witnesses. He threatened me again this morning saying in the presence of witnesses "I'll get even with you."

Alice and her 2 daughters,
Helen and Karolena Zimmerman
The Rest of the Story:  
Elmira Star Gazette, Tuesday February 4, 1913. Wins In Fight For Separation. "With tears in her eyes, Mrs. Alice Zimmerman, of Elmira, told her sad story of continual abuse and inhumane treatment to Justice Andrews in Special Term at Syracuse Monday morning, and it did not take very long for her to be awarded an interlocutory decree of separation from George Zimmerman. The alimony awarded by Justice Andrews, $100 a month, is the largest amount granted in several terms. Testimony was produced to show that the husband owned real estate valued at over $12,000 and the story of his alleged transfer of this property to avoid paying his wife was told. The elder daughter, Helen Francis Zimmerman, took the stand in behalf of her mother and told her story of one assault upon Mrs. Zimmerman. This was one of the long chain of abuses to which the suffering wife was subjected and which she endured rather than leave her two children...
No separation action in years has teamed with the charges and counter charges which were offered in separation and habeas corpus litigation in this unfortunate family conflict. Fraud, forgery, threats to kill, kidnapping were offered as well as the charge that the husband once shot at his father in law. The action was undefended. Mrs. Zimmerman and her children are going back to their home and Elmira among relatives."

Helen Zimmerman

Karolena Zimmerman
Comment: Oh my, what do you say to this. Samuel Tubbs witnessed the marriage of his oldest living daughter, Mary Alice, and then things rapidly deteriorated in her marriage to the point that even his life was threatened. He died in 1900, and Alice's long standing marital problems were not resolved until 1913 when she and her 2 daughters were able to leave and live with Samuel's widow, Rosamond Brooks Tubbs. How the love between two people that brings them into a marriage can go so wrong is heartbreaking and the emotional trauma experienced by all, especially the children who had to testify against their father, can never be known.

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