Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1902-08-14
PRIEST PLEADS GUILTY
FATHER CHAS. JUkGBLUD CASE DECIDED
The Priest and Housekeeper Pay Fine and
Costs Amounting to About s700-Judge
Webb's Decision in Full.

MOn1dy DcIOIe y uuSc WtDU. IU Will
be remembered that Jungblud was
convicted sometime ago under Section
4,374a, which provides that "any
person who shall assault another IN a
manner eVincing a depraVed mlnd,
regardless of human life without any
premeditated design to effect the
death of the person assaulted and
under such circumstances that IL
death had resulted the asSaiIant
would have been guilty OF murder in
the second degree, ETC." His house
keeper, Miss Nolan, was convicted Of
assault and battery. By Judge Webb'S
decision the verdict OF the jury is set
aside and the priest given the privi-
lege Of pleading guilty to the charge
Of assault and battery. This he did,
and paid 800 fine Miss Nolan was
keeper will each pay One-half of the
costs, amounting to about $3.50.
JUDGE CHAs. NJ. WEBB's DECISION"
STATE OF WISCONSIN
In CIRCUIT COURT, WOOD COUNTY I
State of Wisconsin, plaintiff, VS..
Charles L. Jungblud and Lizzie Nolan,
defendants.
The defendants were jointly
informed against under Section 4374a,
r.. S. The defendant Jungblud was
by the jury convicted OF the principal
O1fenSe; the defendant Nolan OF an
assault and battery only Counsel for
the defendants have filed and pre-
Sented motions which ia effect ask
that, for alleged reasons going to the
validity of the verdict, judgement
thereon be not pronounced, and that
the defendants be diScharged; or il
the defendants shall not be thus dis
charged, then that the verdict be set
aside as to each of the defendants,
and that they be granted new trial.
1t will be necessary to dispose OF the
motions aS 10 each defendant
separately:
AS has been said, the defendant
Jungblud was convicted Of the OffenSe
defined by Section 4374a, which reads
as follows: ANY person who shall
assault another in manner evincing
a depraved mind, regardless or human
life, without any premeditated design
to effect the death Of the person
assaulted and under such circum-
stances that, if death had resulted,
the asSailant would have been guilty
Of murder in the second degree, shall
be punished BY Imprisonment in the
state prison." etc. 1t is apparent
that, in order to determine whether
or not the assault was committed
under circumstances such as, had
death resulted, the defendant would
have been guilty Of murder in the
second degree, it will be necessary to
cc-Sult the salute defining murder in
the second degree, and hereby ascer-
/, hof
much Of that statute as is material to
this inquiry, reads as follows: ''Such
killing when perpetrated by any act
imminently dangerous to others and
evincing depraved mind, regardless
of human life, without any premedit-
ated design to effect the death Of the
person killed, or of any human being,
shall be murder in the second degree. "
Counsel for the defendant challenges
the verdict of guilty us to defendant
Jungblud on the alleged ground that
the evidence does not sustain it; that
just and fair construction OF the
evidence will not Justify it. And
this is the controlling question to be
determined by the Court as to defend
ant Jungblud, on this motion.
The defendant Jungblud was the
local Catholic priest, in charge OF the
local parish at Neillsville, and defend
ant, Miss Nolan, was his hOuSe-keeper.
The child, Marion Prieur, then about
eleven years old, was living with de-
PENDANTS; was in charge Of defendant
Jungblud temporarily, by request Of
her guardian; her father being dead,
her mother again married and living
elsewhere, and apparently taking
little or no interest in her child. The
States testimony tends to ShOw-and
for the purpose of this motion will be
considered as sufficiently proving
that for no adequate cause, but for
alleged wilful and persistent dlSObedi-
ence, the defendants cruelty whipped
Marion on the 3rd day Of October last
with what Marion calls club; first a
small club and then with larger one:
that at one time they raised her dress
and whipped her upon her bare body:
that during a portion of the day-the
length of time not sufficiently stated,
but several hOurS-MariOn was TIED
Dy the wrist to a hook in the ceiling
OF the diningrOOm, her hands being
thus tied SO high that she was obliged
to stand on tiptoe, being unable to set
her feet SQuarely on the floor. LII
seems that during part Of the time
there was a table in the room or
which she was able to sit and rest
but this was afterwards taken away
and she was left to stand as before
stated. The most of the whipping
mentioned was inflicted while she was
thus tied up by the wrists; but she
was whipped after she was untied-ir
the latter part of the day or early
evening. During the course of the
Whippings, uSt when nor by which
one of the defendants Marion does no.
know, the nail Of one thumb wa
Knocked off, and cash or cut wa
made between two fingers Of the lef
hand, During tile course Of he
punishment defendant Jungblud kick
ed Marion upon her side once or mOr'
times. The defendants went to al
entertainment in the evening, leaving
Marion at her home alone, locked il
her room. She had no supper, bu
was given bread and butter in he
room, which she was unable to ed
because her mouth was so sore. Th
whippings made and left weltS 0
ridges, and some abraSiOnS Of the skin
upon her body. A furrow was left il
her wrists where the cord or rope b
which she was tied came in contac
with them. The kick or kick
or otner punishment caused bruiSe
and discOloration upon her side. Sh
was not washed after the whippings
nor her injuries in any manne
treated-the sheets of her beds show
ing blood stains the next morning
When asked on croSS-examinatiOn a
to the size of the club or clubs wit
which she was whipped, Marion sal
Il, Il 4 ,l>ar ~,