People v. Onessimo

ST. SURE, J.

Defendant, an Indian boy nineteen years of age, was convicted of an assault with intent to commit rape on a white woman of thirty-six years. He appeals from the judgment and from an order denying his motion for a new trial. The prosecuting witness is a married woman with two children, living on a ranch in Monterey County. Prom the ranch across Carmel River to a trail leading to the county road on which was the ranch mailbox is a suspension footbridge. Near the county road, but some little distance from the trail, is the home of the defendant. The trail is fringed with trees and underbrush, but at -a certain point can be seen from the county road. On the' morning in question the prosecutrix had been across the bridge, over the trail and to the mail-box for her mail. On returning she saw the defendant standing near the entrance to the trail, which sloped steeply up to the bridge. She waited for the defendant tó cross and come down the trail. She was afraid to meet him on the footbridge. As the defendant approached she said something about its being a nice day, and she noticed that defendant’s trousers, with the exception of the top button, were open. The trail was narrow and she waited for defendant to pass. “He was in my way,” testified the prosecutrix. “The trail was quite narrow, and as I stated this blackberry bush was on one side and there was a barb-wire fence there. I don’t believe the trail was a foot wide, and I thought he would walk on and let me go home, so he didn’t make any move, and I said, ‘Joe, are you working on this side of the

riverV

and he said, ‘Tes,’ and I said, ‘Where are you working, at

[343]

Walter’s Ranch,’ and he said, ‘No, the other place,’ and it was getting along towards dinner time so I started up the trail to pass him. ’ ’

Defendant suddenly exposed himself, calling her attention, and then began “grabbing at” her ankles, having hold of her once, and touching her several times. She says she fought him, dancing with her feet to keep him from laying hold of her. She also seized his hat. She did not drop the mall she was holding. She screamed the name of a hired man she knew to be on the ranch, and he came running. He says he saw the defendant running away as he came. The prosecuting witness says the defendant did not desist and run away until he heard the hired man reply; that he then said, “No, no,” started running away, came back, snatched his hat and ran off into the brush. He did not go home that night, but went home for breakfast next morning, according to his mother and sister. He was captured while going through the brush by one of the men out searching for him.