Robinson v. Musser

• Court: Missouri Supreme Court
• Writing for the Court: SHERWOOD
• Citation: Robinson v. Musser, 78 Mo. 153 (Mo. 1883)
• Decision Date: 30 April 1883
• Parties: ROBINSON v. MUSSER, Appellant.

78 Mo. 153

ROBINSON

v.MUSSER, Appellant.

Supreme Court of Missouri.

April Term, 1883.

Appeal from Ray Circuit Court.--HON. GEO. W. DUNN, Judge.

REVERSED.

The plaintiff, Mary Robinson, testified that she was thirty-five years of age, that she resided with her father in Cameron, Clinton county, Missouri, and had resided with her father at that place for eight years; that her father's residence was on the opposite side of the street from defendant's residence; that she had known defendant and his family during the time she had resided with her father; witness and her father's family had been friendly and intimate with defendant's family, and that defendant and her father were intimate during the period aforesaid. At the time, and for some time previous to the defendant's conduct toward her, witness had been engaged in teaching school in the country, two and a half miles from Cameron; that while teaching the school she stayed at her father's and rode a horse backwards and forwards evening and morning to her school. My school was just out. A short time before my school was out, I was too unwell to teach, and Ella Musser, defendant's daughter, proposed to go and teach for me that day. I accepted her offer and she went. I remained at home. The next morning I was better, and my father came and told me my horse was out, and I could not get him, and that Mr. Musser would take me in his buggy and bring me back, as he was going to his farm beyond there. I accordingly went in the buggy with him out in the morning, and he called by for me in the evening, and I returned with him. Nothing unusual occurred on these trips. On the next day I rode home with him again in his buggy. This was the first idea I had that he intended anything wrong toward me. In going along after we left the school house, I spoke of going to the Centennial. Defendant said you had better go with me. I asked him if his daughters were going. He said no. I told him I could not accept such a proposal except from a relative or special friend. Defendant talked to me for ten minutes, and said if you will go with me as my wife I will pay your expenses; spoke of his great love for me; that he would give me a house and lot if I would be his special friend. I told him I did not want to hear such talk, and never to talk to me so again. When we got to Cameron he drove up to my father's gate and let me get out of his buggy. After supper he stepped into the front room of my father's house and kissed me. I brushed it off with my hand, and told him my father was in the back room; he went into the back room where my father was, and I retired to my room upstairs. After I had fallen asleep I heard some one at my window say “Mary, Mary.” It awoke me and I got up and asked who was there, and ascertained it was the defendant; I asked him what he was doing there--told him he was an old fool--to get away from there. I could not see him. Defendant had climbed up to my window on a ladder. I told him if he disturbed me and did not get away I was going to my father and mother. I saw no more of him that night. My father was sick is the reason I made no outcry or noise that night. Defendant offered to take me to my school the next day. I wanted to go with him. I wanted to tell him what I thought of him. I had some talk for him, and I did talk to him harshly about coming to my window the night before, and reproved and rebuked him as severely as I could for his conduct. He appeared to be sorry, and made all the promises I could ask for his future good conduct. I told him, to prevent any scandal and talk on our account, of the respect I had for his family, and the promises he made me, I would say nothing about it, and act as though nothing had occurred. I returned home with him on Friday evening in his buggy. He came on Saturday morning to my school house with Misses Ella Musser and Ella Haven by previous appointment in defendant's carriage. I went with my father to school that morning. It was Saturday, the last day of my school. I returned that evening from the school in defendant's carriage about five o'clock. We stopped in Cameron as we passed through and took a glass of soda--it was very warm. I sat on the back seat with defendant in the carriage. When we got to defendant's house, or opposite there in the street, I got out of the carriage and took some flowers and books over home and came back to defendant's house, and staid until after supper. I then started home and got as far as the front gate of the yard, and Ella Musser, defendant's daughter, came out and threw her arms around me and insisted and pressed me to stay all night. I tried to excuse myself and go home, but she insisted and pressed me so strongly I finally consented to stay all night. We staid in the parlor of defendant from the time I went over that evening until Ella Musser and I retired to bed. The defendant and I were alone in the parlor a short time that evening while the girls were preparing supper. After Ella and I retired to bed about nine o'clock, we remained awake for sometime lying on the bed. It was extremely warm night; we lay on the top of the bed--with nothing over us. We had our gowns on. We were in the southeast room, up-stairs. There was a bed, small table, wash-stand, bowl and pitcher and a chair or two in the room. We put out the light. Ella Musser was sleeping with me. I was on the front side of the bed. Ella had gone to sleep. I remained awake until I heard the clock strike eleven, then dropped off to sleep. The first thing I heard was some one whispering in my ear, “Mary, Mary.” It awoke me. It was Musser, the defendant. He put his arms under me, drew me off the bed and carried me to the south window. I made no noise or outcry for fear I would wake up Ella Musser, his daughter. I was not afraid of defendant's seducing or hiring me. I thought I was master of the situation. My idea was to get clear of him without having any scandal grow out of it. Said he wanted to talk to me-- would not hurt me--kept pulling me along toward the door. I thought it best to get him out of the room for fear of waking Ella. He said he would not go unless I did. Very well, I said, I will go with you to the foot of the stairs. When we got there, without making any stop, he took me in his arms, carried me to his bed-room--said don't be afraid, I won't hurt you, and laid me down on his bed. He was elevated above me in a half reclining position; told me how much he loved me; how much he would do for me; how much money and property he would give; continued to importune me. I said to him, you are holding me here against my will--you have a wife--I am not that wife. If she knew this she would kill me, and would be doing right. Up to that moment I had no idea of force, or that he would use force. I used all the argument and reason I could command, and finally appealed to him on account of my situation arising from my monthly period. He all at once suddenly put his hand on my mouth and his weight was on me. The gown was raised up, the male organ made the entry, emitted the semen, and it was over very quick, instantaneous. I used all the force and means in my power to prevent it. I could not believe he would use force, and I knew I never would consent, and did not consent. As soon as it was over, he let me go, and walked with me to the foot of the stairway. I went up-stairs to the room where I had been sleeping--laid down on the bed. I lay there in great distress of mind. I could not determine what was best to be done, or what I should do. I knew if it was known it would produce great scandal and talk. I wanted advice. His daughter Ella was not awake. She did not exhibit any indications of being awake. I asked Ella the next morning if she was awake during the night, and said she was not. I lay there all night in great distress of mind; could not go to sleep until just before day I fell into a little doze of sleep. The semen had been dropped on the gown. Next morning I washed the gown, remarking to Ella I had soiled it a little. My father was sick at the time, mother was complaining very much. I did not tell them because I knew it would distress them. I did not tell my brother-in-law because he is afflicted with heart disease and could not be excited. I was afraid he might act rashly and kill Musser, the defendant. I reflected over the matter and dreaded the great scandal that would grow out of it, and was reluctant to make it public because of the scandal that I thought would grow out of it. The families had visited and been intimate and I respected Mr. Musser's family and daughters. I did not tell my mother because I knew it would distress her so much. After reflecting upon it I went to my best friend, Mrs. Harwood. I thought I could talk to her; that she was capable and would give me advice; told her all the circumstances and conduct of defendant toward me. She advised me to wait until her husband, Mr. Harwood, came home, and he would tell me what I had best do. I accordingly staid at her house and waited until he came and advised with him before I decided what I should do. I then determined upon my course--had a complaint made, and had the defendant arrested and determined to prosecute him and also brought this suit against him.

Upon cross-examination, she further testified: I was married at the age of twenty years; lived with my husband seven years, which terminated eight years ago. My husband left me and I got a divorce. There was one child born from the marriage, which has since died. My husband had been gone two or three years, traveling. I then heard of him no more; don't know where he is. My business had been taking orders for good books, teaching school, have traveled around some to see friends. At the time of this trouble and previous I was teaching school. In 1874 I formed the acquaintance of defendant and his family--have been intimate and friendly, until this occurrence. A fence divides our house and lot from...