Rachel A. Fulkerson (plaintiff) being duly sworn deposed as follows:

Q. State your name, age and residence.

A. My name is Rachel A. Fulkerson age 43 years. I reside in Santa Rosa, Sonoma Co. Cal.

Q. Do you know the defendant John Fulkerson?

A. I do -- he is my husband.

Q. Where and whence were you married to the defendant?

A. We were married in Santa Rosa, Cal. in 1861.

Q. How long have you been a resident of the State of California, immediately prior to the commencement of this suit?

A. Since 1857.

Q. Are you the plaintiff in this case?

A. I am.

Q. Where does the defendant reside?

A. He resides on his ranch -- two or three miles from Santa Rosa.

Q. Are there any issue of the marriage living and how many minor children?

A. There are seven living children -- four of them are minors.

Q. Name the minor children and give their ages.

A. Luda V. 17 years, Chas S. 12 years, Daca, age 6 years Sylvester, 3 years. They are all living with me.

Q. Were you and the defendant living together as husband and wife at the time of the filing of the complaint?

A. We were not and have not since, and had not for two months next before filing the complaint.

Q. Why are you not living together as husband and wife?

A. About 2 months before I began the suet, I understood that the defendant, my husband, was living with a woman at his ranch by the name of Sofy Nelson, and I know that my husband had the husband of Sofy Nelson arrested in Santa Rosa for an assault upon him, the defendant, with a deadly weapon, and that Nelson had made such an assault on account of my husbands relations with the wife of said Nelson. I asked my husband to make an account for it and he said to me that he had had sexual intercourse with the said Sofy Nelson; and he told me that if he moved out he could take her, Sofy Nelson, and live with her there. I told him he could take her and I would not live with him any more as his wife. This conversation was on the thirteen day of July last.

About this time Nelson and his wife left my husband's ranch and moved to Sonoma where they now live and since that and before the filing of the complaint, the defendant told me that he went to Sonoma once a week to see the said Sofy Nelson and had sexual intercourse with her at her house at Sonoma City at all times he visited her and that on or about the 22nd day of August 1889 he told me he had been to Sonoma and had had sexual intercourse with said Sofy Nelson; and on the 29th day of August 1889 he told me he had visited the said Sofy Nelson at Sonoma and had sexual intercourse with her.

After he told me on the 4th of July last he had had sexual intercourse with said Sofy Nelson and I had told him I would not live with him any more, then are the days last aforesaid, he told me he had had sexual intercourse with said Sofy Nelson, because I had refused to live with him any more. He has told me he intended to have sexual intercourse with her as often as he found it convenient to go.

Q. Were you a faithful and prudent wife to the defendant as long as you lived with him as his wife?

A. I was.

Q. Is the defendant a fit and proper person to have the care, custody and control of the said minor children?

A. He is not, for my reasons, that the example he would set before them with that woman would be very bad. Since I refused to live with defendant as just stated, the minor children have lived with me and I have supported them and for two years before. I have and have had my own separate property by the use of which I have been able to support my children.

Cross Examination:

Q. How old is the defendant?

A. Fifty three I think.

Q. Had you reason to believe he ever had sexual intercourse outside of his family, prior to this Nelson woman?

A. Yes, I have -- but I did not find it out till after this affair.

Q. Have you ever seen him at his ranch with the Nelson woman?

A. I used to go to the ranch occasionally and I have seen her there.

Q. Did you ever suspect there was any improper relation between her and your husband?

A. No -- I never thought of it till the time of the arrest.

Q. Do you believe he has had sexual intercourse with this woman at the times and places mentioned.

A. I do -- I am satisfied of it.

Q. Did you ever consent to, counter will or encourage your husband to have sexual intercourse with the Nelson or other in? woman?

A. No, Sir -- I never did.

Q. Where were you living when your husband was on the ranch and why did he go there?

A. I was living in town on my own property, and the ranch was his and he was taking care of it. He came home to me when he wanted to and I treated him at home with all the respects as a husband till the 4th of July last.

Q. Is there any contract or document between you and him that you should apply to a home and he not resist it?

A. No -- there never was. He has tried to have me dismiss this action many times he asked me, but I could not make up my mind to live with him after he treated me that way.

Q. Have you ? any contract or an agreement at present to marry?

A. No, indeed.

Q. Will you educate, maintain and support your minor children to the best of your ability?

A. I will.

Subscribed and Sworn before me Sept. 28, 1889
<signed by> R. A. Fulkerson
John Yoss
Court Comr.