58 Conn. 285 | Conn. | 1889
This is a bastardy suit. The complaint first alleges the capacity in which the plaintiff appears—“as he is father and guardian of Fannie E. Benton,” and then avers that on the 5th of December, 1886, she was delivered of a bastard child begotten by the defendant on or about the 1st of March, 1886; that in the time of her travail at the birth of the child she was put to the discovery and charged the defendant with being father of the child, and has been constant in her accusation; that when the child was begotten she was and ever since has been a single woman; and that the child lived until the 17th day of December, 1886, and that she was subjected to great expense for its maintenance. The complaint was signed by the father of Fannie alone, but was sworn to by her and her father also. There was no allegation that she was a minor, but the fact appeared in evidence. The plea was a general denial.
During the trial no objection was made to the complaint, for want eiuher of proper form or substance. The trial judge after the trial, but before his decision, called attention to the fact that there was no allegation in the complaint that Fannie was a minor; and afterwards, while the judge had the case under advisement, counsel for the defendant wrote him, claiming for the first time that the suit should have been in the name of Fannie, and this point is made one of the prominent reasons for appeal.
There was undoubtedly a defect in the form of complaint which could have been reached by a proper preliminary plea.
The omission to allege that Fannie was a minor was of course a defect, but inasmuch as it is alleged that Charles L. Benton is her guardian, which necessarily implies minority, the latter fact is argumentatively alleged, and such a defect is waived by the omission to demur and by the pleading of the general issue. .Gould’s Pleading, chap 8, sec. 28, and chap. 10, secs. 18, 19.
The remaining questions for review relate to the rulings of the court relative to the admission of evidence. The principal complaint under this head is that the court improperly rejected as evidence for the defendant the declarations of Alexander St. Mare, made in one instance on the 18th of June, 1886, to one Corey, to the effect that Fannie was with child and he was the father, and again to one Hunt on the 1st of July, 1886, to the .same effect, and in addition asking advice whether he had better leave town or not; and still again early in August of the same year, that he told one Bristol that Fannie was in the family way and that he was the father of the child, and that th§y had agreed to charge it upon the defendant.
The principle established by the decision of this court in State v. Beaudet, 53 Conn., 542, that the defendant may exculpate himself by showing the fact of another’s guilt by evidence directly connecting him with the corpus delicti,
Again, it was claimed in behalf of the defendant that the same reasons that allow the declarations of the mother as to the fatherhood of the child, require and justify the admission of the declarations of the suspected father; that her declarations are admitted because they are facts illustrative of her conduct, and so are part of her conduct, and are independent facts pointing out the father.
We find equal difficulty in accepting this reasoning. The declarations or accusations of the mother in such cases have never been considered by our courts as independent facts showing the fatherhood of the child, but as corroborative only of her testimony in court to the same effect. Booth v. Hart, 43 Conn., 480; Robbins v. Smith, 47 Conn., 182. This kind of corroboration was at first required by statute where
There is surely nothing in the condition or conduct of such an one to be illustrated by his self-aceusing declarations. Were he really accused by the mother of the bastard it would be most natural for him to deny the charge. It is of course strange that he should voluntarily have made such declarations, and if made, his motive cannot well be divined, and yet we know it is possible for a reckless man to make such statements from other motives than because they are
But the defendant urges another reason for admitting the declarations. He claims to have shown that in June, 1886, the appearance of Fannie did not excite suspicion, hut that in fact she was then with child; and that no one knew it but herself and the man concerned in the transaction, and that the declarations of St. Mare prove knowledge on his part at that early date, and knowledge proves guilt. In order however to make the mere fact of knowledge indicative of guilt, all other possible sources of knowledge except those derived from his own guilty connection with the affair must first be excluded. The defendant offered evidence tending to close the avenues of knowledge to be derived from the appearance of Fannie, from her own direct disclosure, and from her father and mother. But obviously there were other avenues not closed. Fannie not suspecting her own condition may have consulted a physician, who from the symptoms discovered her real condition and revealed it to St. Mare, or the latter from his own observations or from hearing her describe her feelings might have formed an opinion to the same effect, or the defendant himself may have collusively revealed the fact to him.
Our conclusion on this part of the case is, that none of the considerations urged in behalf of the defendant are sufficient to justify the admission of the declarations in question as evidence to exculpate the defendant.
The next alleged error which we will consider is that the court admitted the declarations of Fannie to her mother as to the circumstances of time and place when and where, as she claimed, the child was begotten. This we think was in strict accordance with our settled practice. The circumstances referred to were really part and parcel of her accusation, and were as important to the defendant if he was innocent, as to the plaintiff if he was guilty.
In this, as in other cases where corroboration of the in
In State v. Kinney, 44 Conn., 156, the superiority of our rule as to corroboration in rape and attempts at rape was demonstrated, and the reasoning applies equally well to the corroboration required in bastardy suits. Pap.k, C. J., in delivering the opinion of the court, after some general reasoning on the question said:—“Why, on the same principle, ought not her statement of the details to be evidence? If her story were untrue, the greater would be the opportunity for detection, and the accused would be helped in his defense. If her story were true, the evidence would show constancy in the charge even to the details, and the truth would the more clearly appear. We think then on principle our rule is the better one for the ascertainment of truth.”
We do not think a new trial should be granted because the court excluded an answer to the question whether St. Mare had been seen riding with his wife. The record shows that his wife had left him early in August, 1885, a year and four months before the birth of Fannie’s child, and that St. Mare had continued to live at the Benton house alone until the latter part of March, 1887. It therefore appeared that the relations between St. Mare and his wife were not friendly, which is the utmost that" could be inferred from an answer to the question. The defendant had the full benefit of the fact that St. Mare had been seen riding with Fannie and had a difficulty with his wife. It is impossible that an answer to the question objected to could have thrown any light on St. Mare’s relations to Fannie, which was the sole object of the inquiry so far as the same was legitimate.
Only one question more remains to be considered. The finding shows that Fannie, the prosecutrix, had testified in support of her suit that the defendant some months after the alleged intercourse had given her at one time one dollar and at another time fifty cents.
It is obvious that this evidence was offered to show some recognition on the part of the defendant of peculiar relations to Fannie, or as showing some inducement to improper
A new trial is granted.
In this opinion the other judges concurred.