Court testimony, Ruth Barnes vs. Wm. A. Barnes, 23
October 1862
In the District Court of the Seventh Judicial District
in and for Sonoma County, State of California.
Before John Brown, Referee appointed to report the testimony, with William Ross
as counsel for plaintiff and no one representing the defendant.
Richard Fulkerson sworn:
Q. Where do you reside
A. I reside in Sonoma County.
Q. What is your age.
A. I am in my 57th year.
Q. Do you know the Plaintiff of this suit
A. I do this Plaintiff is my daughter
Q. State if you know how long this Plaintiff has resided in this state
?a
A. She has resided in this State over eight years Most of the time in this
county -- part of the time she lived at Humbolt County and part of this time in
Sutter County -- She was living in Humbolt about the month of March 1860 -- she
is the wife of Wm A. Barnes the Deft.
Q. Do you know Maria Mize
A. She is the Platfs daughter and my grand child she is in her fourteenth
year.
Q. Where was she living in the month of March 1860
A. She was living with her mother and the Deft in Humbolt County.
Q. Did you ever have any conversations with the Deft in response to the facts
charged ? in this complaint Particularly as
to the adultery charged in the complaint with the said Maria and if so State
what was said.
A. I did. He said no ? my saying? to the Plaintiff that he would rather have died a
Hundred deaths than that circumstances should have come out on him and his
children.
Q. State what are the habits of the Deft. generally.
A. His habits are very bad.
Q. Is he a proper person whom the care and charge of children of this age of
those described in the complaint.
A. I think he is not.
Cross examination by the Referee.
Q. Have you any interest in the result of this suit.
A. I have not excepting that she is my daughter.
Q. Do you know whither there was any collusion or afor? between the Platfs and Deft in regard to this
adultery charged in this complaint.
A. I know none and don't believe there was any.
Q. Do you know whether she a dutiful wife
A. I think she was. <Signed> Richard Fulkerson
The counsel ? introduced Exhibit
"A"
Maria Mize Sworn
Q. What is your age
A. My age is thirteen last April
Q. Where were you living in the Spring of 1860 <she would have been 11 then>
A. In Humbolt County
Q. Do you know Wm A. Barnes
A. I do he is my Step Father I was living with my mother and Wm. A. Barnes my
Step Father in about March 1860.
Q. Did your StepFather ever carnally know you or have sectional <sexual?>
connection or intercourse with you if so how often and at what time or times as
near as you can relate.
A. He did twice it was in the Spring of 1860 while we were living at Humbolt--
do not recall the date
Q. What did he say to you the first time he approached you as you have stated.
A. He said if I did not let him he would take Francis and leave mother -- he
said about the same the second time.
Q. how long after it occurred was it before you told your mother about it.
A. I told her just before last Christmas She is the first Person I told about
it.
Cross by Referee
Q. Did your Mother know you were going to have intercourse with your Step
Father at the time you did
A. She did not as I know of <Signed> Maria Mize
Mary Murdock, being Sworn
Q. do you know the Plaintiff in this Suit and Wm. A. Barnes and if so what
relation do they have to you.
A. I know them both She is my Mother and he is my Step Father.
Q. did he at nay time attempt to have Sectional <sexual?> intercourse with you If So where and
when.
A. he did attempt to have intercourse with me at Humbolt County in the month of
January 186? Q What is your age and are you married
A. My age is 15 years and I am married <Signed> Mary Murdock
Respectfully Submitting Oct 24th 1862
John Brown
Referee
