People v. Trzil

• Decision Date: 01 July 1926
• Docket Number: No. 118.,118.
• Citation: 235 Mich. 469,209 N.W. 564
• Parties: PEOPLE v. TRZIL.
• Court: Michigan Supreme Court

235 Mich. 469

209 N.W. 564

PEOPLE

v.TRZIL.

No. 118.

Supreme Court of Michigan.

July 1, 1926.

Error to Recorder's Court of Detroit; Christopher E. Stein, Judge.

Joseph Trzil was convicted of statutory rape, and he brings error. Affirmed.

Argued before the Entire Bench.

Edward N. Barnard, of Detroit, for appellant.

Andrew F. Dougherty, Atty. Gen., and Robert M. Toms, Pros. Atty., and Seward F. Nichols, Asst. Pros. Atty., both of Detroit, for the People.

STEERE, J.

Defendant was convicted in the recorder's court of the city of Detroit of the crime of statutory rape committed, June 2, 1924, upon Veronica Bonaszak, a girl 14 years of age. The defense was an absolute denial with a claim of alibi.

Frank Bonaszak, father of the girl, was a plumber residing in Detroit with his wife and three minor children. Defendant was a young man about 23 years of age working for the Ford Motor Company. He became acquainted with the Bonaszak family when called as a witness in a negligence case brought to recover damages for injuries sustained by Veronica when struck on the street by an automobile. The father invited him to their home with manifestations of friendship and he became an occasional visitor there. Veronica's mother was in poor health and died not long thereafter.

Following her mother's death he became a frequent caller at the home and noticeably attentive to Veronica. She testified to their intimacy resulting in improper relations induced by his manifestations of affection and promise to marry her after her father married again, as he was planning to do and soon did; that he came to their home on June 2, 1924, between 9 and 10 o'clock in the morning and while there had sexual intercourse with her. This he denied, claiming that at the time the offense is charged he was at his own room in bed.

Shortly after this time Veronica went to Buffalo, where she had relatives, without the knowledge or consent of her father, and defendant took her to the train. She had had some trouble with her father, and testified she had in mind to go to her aunt in Buffalo ‘because I was afraid my father might find out I had something to do with Joe (Trzil).’ She was sent back from Buffalo by an uncle. After her return to Detroit she was taken to the Detention Home, apparently at the instance of her father, where she was given a physical examination by a female physician of the police department at which time, as she testified, ‘I told about my relations with Joe. That was the first time that I had ever told any one.’

Complaint was made against defendant under the statute and after his arrest an interview was had with him by two women of the police force in the presence of Veronica. One of the women, who was a member of the police force in the women's division and assigned to look after this case, testified that in the interview he admitted having sexual intercourse with Veronica and gave as his excuse that he intended to marry her, but her father would not permit it. This he denied upon the witness stand, saying:

‘I didn't admit having intercourse with Veronica, not exactly, I just said I wanted to get a lawyer for the case. I didn't give any particular answer up there.’

He did admit his friendly association with Veronica, denying, however, that he ever had improper relations with her, and said:

‘I didn't keep steady company with Veronica; just now and then. Sometimes I would see her pretty often, and sometimes I would just see her when she wanted me to go somewhere for her.’

He also testified that he was married on October 4, 1924, to one Florence Craig whom he had known for about two years.

His story of the events bearing upon the day on which the offense was said to have been committed are that in the plant where he worked he checked in at about 3 o'clock of the day before and left shortly before 12 that night; that he habitually went to bed about 1 o'clock, arising about 10, and on that day he arose at about 10 in the morning and was eating his breakfast when he received a telephone call from Veronica and went over to her home about 11 o'clock, where she told him she was having trouble with her father and was going to Buffalo to visit an aunt. He had an automobile and drove her over to the train and then went home again.

A younger sister of Veronica, named Bernice, testified to defendant's frequent visits at their home when her mother was sick and after she died and to acts of familiarity between Veronica and defendant. She was permitted, against objection, to testify that she had seen them in a room at their home lying together on a bed, saying:

‘When I saw Joe and my sister in bed, she was laying in bed with him; she came and gave me coffee. I was home at recess, so I saw them; she came out to give me coffee so when I ate I went. * * * I don't remember * * * what day that was last year. I think it was June 2d. I don't remember. * * * I went to school last June. Saint Andrew's. Recess started at 15 to 10 and ended at 15 after 10.’

After listening to the conflicting testimony of the respective pa...