People v. Lehmann

Haynes, C. Appellant was found guilty of the seduction of Rosa Hunzeker under promise of marriage, and was sentenced to pay a fine of five hundred dollars. He now appeals from said judgment, and an order denying his motion for a new trial.

Appellant contends, that, at the time of the commission of the alleged offense, he and Rosa were husband and wife; and whether such relation existed is the sole question made upon this appeal.

The defendant, a man forty-three years of age, lived near Lemoore, in Tulare county. In August, 1893, he [632]visited a marriage bureau in San Francisco, where he was introduced to Posa Hunzeker. During this visit of defendant to the city mutual promises to marry were made between them. Defendant then returned to his ranch in Tulare county, and while there wrote several letters to Rosa appropriate to such relation only. In October defendant again came to the city, and at this time it was arranged that on Saturday they should leave the city, go to Lemoore, and there be married on the following Tuesday. Before leaving the city defendant purchased carpets for his house, the carpets being selected by Rosa. Defendant also hired a man and his wife, who were to accompany them, the man to work on the ranch and the wife to assist Rosa. It was further arranged that they should go by way of Stockton, defendant saying that he wished to purchase lumber there for the erection of a dryhouse.

Defendant bought a steamer ticket for a stateroom from San Francisco to Stockton, purporting to be for himself and wife, and upon the boat introduced her as his wife, she being silent and making no remonstrance.

Upon the witness-stand Rosa denied that she saw the steamer tickets, but admitted that on the way to the boat defendant said he had two rooms, “ one for those people, and one for us.” She further testified that defendant said on the boat that they would marry on Tuesday; that she did not want to go to the room, and wept, and that defendant said she should not be so foolish, there were but two days more.

Upon cross-examination she said in reply to leading questions that they occupied the stateroom as man and wife, and were so registered at the hotel in Stockton, and there occupied the same room, and was introduced as Mrs. Lehmann, and upon the boat and at the hotel had sexual intercourse with defendant.

The testimony of Mrs. Skelly, with whom Rosa lived up to the day she went to Stockton, is explicit as to the intended marriage at Lemoore, and that defendant did