The record-union., 1891-02-19
Filled February IL, 1891. I


Tiled February II, 1S91.7
Appeal from Superior Court of Placer
County-B. +. Myers, Judge
FOR appellant, +. p. futile, Grove L.
Johnson, of counsel.
For respondents, j. D. Sullivan and J.
NJ. Fulweiler.
IN BANK.
NEIL LIND AND JOHANNA
LIND, Respondents, NJ 10 o-o
f. Gloss, Appellant.
BY THE COURT.
When this cause was in Department
one the following opinion was prepared
by Commissioner Belcher 1t is hereby
adopted by the court in bank and for the
reasons therein stated the Judgment and
order of the Superior Court are reversed,
and the cause remanded:
1.-The facts stated in the complaint are
these: The plaintiffs were husband and
wife, and on or about the 26th day of Oc-
tober, 1887, at their residence in the town
of Auburn, Placer County, the defendant
Wlckedly, maliciously and violently as
saulted said johanna Lind, one of the
plaintiffs herein, by jumping upon her
While she was in bed, and holding her
down, and wilfully contriving and in
tending to injure plaintiffs, defendant did
then ana there ravlSh and carnally know
said Johanna Lind without her consent
and against her will, whereby she was
made sick and sore in body etc, to the
plaintiffs damage in the sum OF $4,000.
The answer denies that defendant, at
the time named in the complaint, or at
any time, violently or Wickediy or ma
icioasly or at all assaulted the plaintiff,
Johanna, or that he jumped upon her or
held her down, or that he ravished her or
carnally knew her against her consent or
against her Will, and denies that she was
made sick or sore in body, or that by
reason of the premises plaintiffs had suf-
Tered damages III the sum OF $50, 600 or
in any other sum.
The case was tried before Jury and a
verdict returned for $500 damages, for
which Judgment was entered. The de-
tendant moved for a new trial upon the
ground, among others, that the verdict
was not justified by the evidence and his
| motion was denied. The appeal is from
the judgment and order.
'!The plaintiff, Johanna, was called as
q witness and testified that she was born
i'll Germany and had been married about
SIX years; that She was married in Con-
necticut and about year thereafter came
TO California;; that in April, 1887, she and
her husband went to defendants place
and worked for him for one month: that
they then left, but after about three
months the husband again worked for
defendant for one month; that in Septem-
Der, 1887, they went to live in house
known as the Collins house, and about
fifteen minutes walk from defendants
house; ana, that on the morning OF Octo-
Der 18th, the husband went to San Fran
cisco, leaving the witness alone with her
two children. What afterwards occurred
the witness relates as follows:
When evening came / put the child
rem to sleep, and l locked my door and
then sal down to write letter. Before
| went to bed | went again to see if the
doors and windows We're fastened tight
l then went to bed. ] could not sleep. T
was afraid, and very near midnight I
heard somebody knock. Somebody came
then to the house and knocked several
times, and asked if Mr. Lind was at
home. / didn't answer the first. but then
he knocked again and said: Mrs. Lind,
open the door. want TO come in to you''
and | could hear then right away it was
Nh. Gloss, and said: mo, sir, Mr.. Cioss.''
| was not going to open the door-''if YOU
want to see me, come tomorrow" l
would be at home, and he went, and it
was onlya minute and / heard something
at the back door, and in minute he
stood III my sleeping room where I was
lying with my children, and he said that
/ should make room for him in the bed
so he might come into bed to me, and |
told him | would not let him come in the
bed, and he said | should not be particu-
lar, and that / was such funny woman.
| was not like other women he had ever
known in his life. And so in that time
he had his clothes off and he jumped right
into bed, and put my little baby on the
side because | wanted and needed both
my hands, and he took Off the quilt and
he tried TO do several things. He took
hold of me and was trying to do what he
wanted.
al struggled with him fifteen or twenty
minutes. | told him he should leave
me, and that / should make it hot for
him, and so at last he got ont of the bed
and dressed himself and went away j
didn't rest any that night, and in the
morning was sick and remained sick
two or three days.
My husband came home the next day,
and / was sitting there sick when he
came home, and the next day after that
we packed up, and the third day we went
to San Francisco, and l got sicker ard
sieker. Was sick a month after that I
had pains all over, and brain fever; pains
in my head