News: Prieur, Harriet Marion Trial (1902)

Contact: Stan

Surnames: Betz, Campbell, Elder, Finnegan, Garrity, Johnson, Jungblud, Jungblut, LaMouch, Marieur, Marsh, Marx, Poelinger, Prieur, Southard, Spring, Warren, Wickham, Youngblood

----Source: Wood County reporter, (Grand Rapids, Wis.), May 22, 1902; Wood County reporter, (Grand Rapids, Wis.), May 29, 1902; Wausau pilot, June 03, 1902; October 24, 190; Abilene weekly reflector (Abilene, Kan.); Wood County reporter, June 05, 1902

Found Guilty

Miss Lizzie Nolan and Father Jungblud will have to pay penalty.

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          Motion for New Trial to be Argued June 17th

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Wood County Courthouse, Grand Rapids, Wisconsin

 

The case entitled “State of Wisconsin vs. Charles Jungblud (aka Jungblut or Youngblood) and Lizzie Nolan,” after four days trial, went to the Jury Saturday morning, May 17th, at 11 o'clock. The jury was out until 3 o’clock in the afternoon when they brought in the following verdict:

State of Wisconsin,

|In Circuit Court.
Wood County, J

} In Circuit Court

Stale of Wisconsin vs. Charles L. Jungblud and Lizzie Nolan, Defendants.

We, the jury impaneled to try the issues in the above entitled action, find the defendant, Charles L. Jungblud, guilty of having unlawfully and feloniously made a violent assault upon Marion Prieur in a manner evincing a depraved mind, regardless of human life and under circumstances that if death of said Marion Prieur had resulted from assault, said defendant Chas L, Jungblud would have been guilty of murder in the second degree, in a manner and form as charged in the information herein. And we the jury further find the defendant, Lizzie Nolan, guilty of assault and battery, but not guilty of the felony. GEO. L. WARREN

 

This case is an important one and has been greatly advertised on account of the prominence of the defendants and the outrageous crime they committed upon a delicate child of only 11 years of age. We have therefore made arrangements with Court Reporter Robert Morse to furnish us the evidence in this case and this week we present the evidence of Miss Marion Prieur with a good likeness of the young lady.

Marion Prieur, 11 years old,

who in 1902 was so brutally punished by

Charles Jungblud and Lizzie Nolan, at Neillsville, WI

 

Marion Prieur, was sworn as a witness in behalf of the state and was examined by Mr. Marsh, as follows. — What is your name? Marlon Prieur. How old are you? 11 years old. When were you 11 years old? 26th of August. Where have you been living for the last few months? Staying at Mrs. Campbell's.  Where is Mrs. Campbell's  home? Neillsville. Where have you lived just before you came to Mrs. Campbell’s?  I stayed to the Priest house for quite a while. What priest? Father Jungblud. Do you know about how long you stayed there with Father Jungblud? No sir. Do you think you stayed there as long, or not so long as you have stayed with Mrs. Campbell? I don’t know. I stayed there quite a while. Where had you lived before you lived with Father Jungblud? I stayed with Mrs. Marx two weeks. Where is Mrs. Marx’s place? Over by the Catholic church, across the road from there. In Neillsville? Yes. Whom have you made It your home with before that? My father. Your father is not living now, is he? No sir. Do you know when he died? Before I was 10. Do you know where your mother is? She lives in Wausau now. Have you ever lived with her since you can remember? No sir. Do you know who your guardian is? Father Garrity in Black River. Do you remember of going over to Mr. Southard’s house last fall some time? Yes sir. Do you remember what day of the mouth it was? No sir. Do you remember what day of the week it was? Friday. And what time of day was, it? Morning. When you came to Mr. Southard's house morning, where did you come from? From the priest house. Who was in the priest house, if anybody, when you left? Nobody. Where were the priest and Lizzie? They were at church. Who lived in the house there besides you and the priest? Anybody else? (No response.)

 

St. Mary’s Catholic Congregation of Neillsville was established in 1878.  That same year, they built a small church on the city’s north side.  The building was destroyed by fire in June of 1923 when a bolt of lightning struck the bell tower during a thunderstorm.

 

Where was Lizzie Nolan living at that time? She was living there, she was only at church. She stayed with the priest then? She was keeping house for him. Was she there keeping house for the priest when you came or did she come after you did? She was there before I came. And when you first came there to the priest house to live, whom did you find living there? Her and the priest. And did she live there all the time that you were there? Yes sir. What did you go over to Mr. Southard's house for that Friday morning? To get my dress buttoned. Where did your dress button up, in front or behind? In the back. Why didn’t you button it up yourself? I couldn’t my hands were so sore. What was the trouble with your hands? He hit them so hard the nails were off of them and it was cut in between here. (Witness indicates between lingers.) Who hit them so hard? I don’t know which one it was. Oh, they hurt so hard, what was the trouble with them? They were swollen so. What made them sore, how had you hurt yourself? By him hitting me so. By whom hitting you so? Father; the priest. This man here? Yes sir. What did he hit them with? He hit me first with a small club and then he had a big club to hit me with. Had he hit you at all that morning just before you went over to Mr. Southard’s? No sir. When was it? The night before I went. Where were you when he hit you the night before? In the kitchen. Who else was there, if anybody? Just Lizzie and the priest, What were you doing when he commenced hitting you? I don’t remember. You say you were in the kitchen? Yes sir. Where were you? Standing up or walking around or sitting in a chair, or what were you doing? I don’t remember. You remember some marks that were around your arms when you came over to Mr. Southard's that morning? Yes sir. What made those there? He tied me up by my wrists. Who tied you up by your wrists? The priest. And what did he tie you up to? A hook in the dining room, the lamp used to be on. Where was it in the side of the wall? Right in the middle of the room. On the floor? No, up in the ceiling. Was there anyone else there besides you and the priest when he tied you up to that hook? Lizzie was there. What was she doing? I don’t remember. When you were tied up to this hook in the ceiling with the rope, what did you do, that is, while you were tied up what did you do? Tried to think of the words. What words?  Of my catechism. Did Father Jungblud tell you what he was hanging you up for? Lizzie told me. What did she tell you? She said I could stay there till I knew my words. How long did you stay there? I don’t remember. When were you taken down from there? At night. Do you know what day of the week it was? No. How long before that morning that you went over to Mr. Southard's was it? I don’t know. What time of day was it that you were tied up there? I don’t know what time it was. Was it in the forenoon or after noon? Forenoon. And were you taken down at dinner time? No sir. What room was this in, did you say? Dining-room. Where were you when they were eating dinner? I stayed in there too. Were you tied up then? Yes sir. Were you sitting down or standing up? Standing up. Standing down squarely on your feet were you? Just on my tip-toes. Why didn’t you stand down squarely on your feet? Because I couldn’t. Why couldn’t you? I was tied up too high. Did anybody else eat dinner there with them that day? No sir. Did either Father Jungblud or Lizzie talk to you while you were there, while they were eating dinner? They said it was fun for them to see me hanging there. Who said that? Lizzie said that. Did you remember the words then? I said one after I thought of it. When did you think of that? When Father Jungblud started down town. Was it when you were hanging up, or afterwards? When I was hanging up. Do you remember what the word was now? No sir. What did Father Jungblud do then when you thought of the word? Came back and took me down Then I washed the dishes for them. Were your hands sore then? Yes sir. Is there a scab there on your hand, now? Yes sir. (Referring to the hand) Was this sore then when you were taken down, or wasn’t it?  No it was done the night before I went down. The night before you went where? Down to Southard’s. This was done the night before you went down to Southard’s, between your two lingers? This was (indicating) too. The thumb nail was injured the night before you went down to Southard’s? Yes. You didn’t wash any dishes after your nail was off? No sir. Was that nail off, or wasn’t it? Clear off. The nail off from that thumb? Yes sir. How did that come off? I don’t know which one knocked it off. Do you know whether it was done when you were hanging up or when you were not hanging up? I don’t know. Who was there when it was knocked off? Just Lizzie and the priest. What were they doing when it was knocked off? Whipping me. I don’t know when it was knocked off. Do you know which one was doing the whipping when it was knocked off? No sir. Do you know which one was doing the whipping, if either one, when that was hurt between the two lingers? No sir. Do you know whether or not both of them were there at that time, at the time you were hurt between the fingers? I don’t know. You say both of those things were done the night before you went down to Mr. Southard’s is that right? Yes sir. Was it before dark or after dark? It was after dark. Well don’t you know whether it was after you were taken down, after the rope was taken off of you, or before? No sir. Well were you whipped any while you were tied up with the rope? Yes sir. Were you or weren’t you whipped any after you were taken down, after the rope was taken off? I wasn’t whipped any that morning. What morning do you mean? The morning that I went away. How did you go out of the house that morning when you went over to Mr. Southard’s? Through the window. Why did you go through the window? Because I couldn't get out through the door. Why not? The door was locked. What door was that? My bedroom door. You bad a room all to yourself in the house, did you? Yes sir.  Was it up stairs or down stairs? Down stairs. And which side of the house was it on? Between the church. Could you see the church from you window? Yes sir. As you looked out of your window, did you look right toward the church or away from it? You could see it: It was right close to the church windows. When you looked out of your window were you looking right towards the church? Yes sir. The court: What door was locked? Mr. Marsh: It was her bed room door that was looked, she says. Was the outside door locked or don’t you know? It was locked outside. Now which door was that that was locked outside? My door. Well I mean the door which goes from the— The back door. Out doors. The door which goes out door from the main part of the house out doors? Yes sir. is there a door leading out of your bedroom right out doors? Did your door from your room open right out doors? The door of my bedroom was in  the dining-room. Your door opened into the dining-room? Yes sir. Then there was a door opening from the dining-room out doors was there; or did you have to go out of the dining room into some other room? You have to go from the dining-room to the kitchen, before you can go out. Well you don’t know I suppose whether the door from the kitchen out-doors, was locked or not, do you? Yes sir. How do you know it? I heard them when they locked it. Did you know when they left the house that morning? Eight o’clock. Well I mean, did you know at the time when they were leaving? Time for church to begin; half past eight. But I mean did you know it at the time? Not what time it was by the clock, but did you know they were going just as they went? Yes sir. You heard them go, did you say? Yes sir. Did you know how long they were going to be gone? Yes sir. How long? Till nine. From eight until nine? From half past eight till nine. And it was while they were out that you climbed out of the window? Yes sir. Did you go down there for anything else than to get your dress buttoned? And to get a drink. When you were hanging there while they were eating dinner did you have any dinner that day? No sir. Do you remember whether you had some supper that night after you were taken down? I had some bread and butter they gave me, but I couldn’t eat it. Why couldn’t you eat it? My mouth was so sore. What was the trouble with your mouth? It got hit. Who hit it? I don't know which one it was. Did any one hit you besides Lizzie or Father Jungblud? No sir. Where did you have this bread and butter at night? in the dining-room? In my bedroom. Who brought it to you? Lizzie. The night before you went down to Mr. Southard’s, did you unbutton your dress that night? Yes sir. You could unbutton your dress, could you? Yes sir. Was this thumb nail gone then? I am asking you about the last night before you went down to Southard's, was your thumb nail gone then? No sir, I don't know' if it was gone when I went to bed or not. Well, had it been hurt before you went to bed? Yes sir. Had it been hurt before you undressed to go to bed? I don’t know. Well do you remember whether it was hurt after yon were undressed that night? I don’t remember. Did either of them come to your room that night? I don’t know. What did you do with the bread and butter if you didn’t eat it? I left it laying on the bed. Before they went out that morning that you went over to Mr. Southard’s, had you had your breakfast? No sir. Had either Father Jungblud or Lizzie been in to see you that morning, before they went over to the church? I don't remember. You said that you were whipped some when you were hanging up there. Who did the whipping then? Father Jungblud. Did he whip you right over the dress? No, Lizzie held up my dress, while he whipped me. Lizzie held up your dress, while who whipped you? He whipped me. Did you have any drawers on then? No sir. Were you dressed then just as you were, or different, than you went over to Mr. Southard’s that morning? I had my skirt and dress on. How high up did sue hold your clothes? Right up to here (Witness indicates near the shoulders) just as far as she could hold them. You were hanging up then you say, were you? Yes sir. Any of these times when you were hanging up, or when you were not hanging up, did Father Jungblud tell you why he was whipping you, or did Lizzie tell you why they were whipping you? I don’t remember. Can you think of any reason now, aside from the one that you have given, that you could not remember the words, for their whipping you, that is, any reason that they gave, either of them? Did they tell you of any reason why they were whipping you, aside from that, that you could not remember the words? (No response.)

 

Do you understand me? No sir. Did Lizzie tell you why they w r ere whipping you that time? No sir. I knew why. Were you hung up more than once there? I was hung up one day, and then I Hung up the next day. Which time have you been telling about, the last time or the first time? The last time. How long before that was it that you were hung up the first time? I hung up the day before I went away. I was bung up one day and he didn’t whip me; and the next day he whipped me. Which day was it that he didn’t whip you, the first or the last day? First. The first day that you were hung up couldn't you stand down on your feet? Just touched that all. The first time did Father Jungblud tie you up all alone, or did anybody help him? Lizzie was there when he done it? What was she doing? I can’t remember. Which one was trying to make you remember the words that you could not remember? They were trying to make me say the words, and I couldn’t. Well which one was trying to make you say the words? Lizzie and priest both. What were the words, what were they a part of? “Practice” was one of them. Well what lesson was it in, some lesson they were trying to teach you? Catechism it was in. Well who was trying to teach you the catechism? Lizzie and the priest both. Now when you said that the time you were hung up was the day before you went away, where did you mean that you went to? Down to Southard’s. Had you ever been down to Southard’s before? No sir. When you got your drink and got your dress buttoned down at Southard’s that morning, did you go back to the priest’s house? No wouldn't let me. Who wouldn’t let you? Mrs. Elder. Were there any other places on your body that were hurt aside from your hands? My whole body. You spoke about hurts on your face, that made your mouth sore. Was there any other hurt on you face anywhere, aside from your mouth? Up here. That is, up by your eye? Yes sir. Where was the worst hurt on your body? Right here. (Witness indicates on the left side.) That is in your left side? Right there by my hip. What made that there? Where he kicked me. Who kicked you? The priest, Father Jungblud? Yes sir. Do you know what he kicked you for? I wanted to go out of the dining room. What were you doing when be kicked you? Trying to button up my dress, and I couldn’t. Was it in the morning or in the evening? It was at night. What were you buttoning up your dress for? She was trying to make me button it up. Well, how did it happen to be unbuttoned? After I took my bath. How do you know it was because you could not button up your dress that be kicked you? (No response).

 

Did be tell you any reason for kicking you? No sir. Where was Lizzie then? She was in the dining room too. What was she doing? She was hitting me with a stick. What was she hitting you for? Because I couldn't button up my dress. Why couldn’t you button up your dress? My bands were so sore. Why didn't you have her button up your dress? She wouldn’t button it. Was that after dark or before dark? After dark. Was that before you went over to Southard's? Yes sir" How many before? Night before. Do you remembered how long you stayed there at Mr. Southard’s? No sir. Do you remember after a while you were taken up to Mr. or Mrs. Campbell's? Yes sir. Do you remember who took care of you at Mrs. Southard's? Miss Finnegan. Do you know how long that was sore in your left side when you were kicked? No sir. Which was the sorest place for the longest, if yon know; that place or your hand where it was hurt. This on my finger. When Lizzie was holding up your dress that day and Father Jungblud was whipping you, what kind of a whip did he use? I can’t remember. Where did he whip you? Everywhere he could. What kind of a rope were you tied up with? Small rope. About I how large was it? It was a big long, rope, about as big as my little finger, I Do you know what it had been used for at any time? It was used for a clothes-line. Do you know what else It had been used for, aside from clothes-line, if anything? And the rope that was around my trunk. Where was this rope kept in the house, if you know? It was kept out doors on the line. Do you know where it was gotten from, when you were first tied up with it? Yes sir. it was out doors hanging up. Who got it? Father Jungblud. How did he get up to the ceiling to get it over that lamp hook? Got on a chair. How many sleeping rooms are there on the lower floor of that house? Just mine and another bed room. Whose room was the other one? I don’t know. What side of the house was that on? That was on the other side of my room: my room comes, and then his room—that next room comes. Now whenever they were whipping you. or tying you up, at these times that you have spoken of, did they tell you at any time what they were doing it for? I don't remember. You say you knew what they were doing it for; now, how do you think you knew unless they told you? Because I wouldn’t know the words, and she would whip me for them. Which side of the house is your room on? The north side. And which side of your room, was this other sleeping room on the ground floor? South. Was it across a hall way, this other sleeping room, from your room? No sir, my wall and his wall. Oh, I see, just a wall, between your room and this other sleeping room? Yes sir. Was yours the only sleeping room that opens into the dining room? Yes sir. And which side of the dining room was it? In the corner. The door through which you go out of the dining room into your room, is that on the west side of the dining room or on the north side? West side. You say you occupied that room all alone, do you? Yes sir. Nobody else slept there. And you don't know whether you had seen Father Jungblud or Lizzie Nolan after you went to bed that night? No sir. I mean after you went to your room that night? No sir. Until you went over to Mr. Southard’s the next morning? No sir. You said when Father Jungblud was starting down town you remembered the word? I thought of it. You thought of it, and what did you do? I told Lizzie and then she called him back and he took me down and I washed the dishes. Did he go down town then if you know? Yes sir. Go away somewhere? He went down town again. Did Lizzie go down town do you know, either of those two nights? I don’t remember. Did she go to your room, late at night, either of those two nights, before you went down to Mr. Southard’s. I don’t remember. Lo you remember of their going away just about that time, and telling you one night where they were going? No sir. Do you remember of being left alone, during the evening, either of those nights? No sir. Mr. Marsh: That is all.

 

Cross-examined by Mr. Wickham, as follows: —How lung have you lived at Neillsville. Marion? I don’t know. What is your full name? Marion Prieur. Were you ever called Hattie? I was once, but they changed my name. 'Well was your name Hattie Marion Prieur? They first called you Hattie, and afterwards called you Marion? Yes sir. You are now living with Mrs. Campbell? Yes sir. And where did you live before you lived with Mrs. Campbell? With the priest. Father Jungblud? Yes sir. Where did you live before you lived with Father Jungblud? I lived with my Aunt then. You spoke of living with Mrs. Marx, Did you live with Mrs. Marx? I stayed with her two weeks, and then I stayed with my Aunt. You stayed with Mrs. Marx two weeks before you lived with Father Jungblud? I stayed there two weeks, and then I went to my Aunt’s for quite a while, and then I came back to Neillsville again. Then when you got back to Neillsville, you went to live with Father Jungblud? Yes sir. What is your Aunt’s name? I can’t think ot her name. Where does she live? She lives 5 miles from Black River Falls. Which direction? North. Did you live at Neillsville at two different times? Yes sir. And the first time was the two weeks that you lived with Mrs. Marx? Yes sir. And was the first time that you stayed at Neillsville only two weeks? Yes sir. Then you went to live with your Aunt 5 miles from Black River Falls? Yes sir. Then you went back to Neillsville and went to live with Father Jungblud? Yes sir. And then you went to live with Mrs. Campbell. Yes sir. Is that right? Yes sir? When was it that you lived with Mrs. Marx those two weeks? It was in the summer. Was it last summer? No sir, summer before. When did you come back to Neillsville again? I don’t know when it was. Was that last summer? I think it was. Before you came to Neillsville the first time, where were you living? I was staying with my Aunt then. The same aunt? Yes sir. How long had you been staying with her? About 6 months. And before that time where did you live? Stayed with my father then Where did you stay with your father? Five miles from Black River. At the same place where your Aunt lives? Yes sir. In the same house? My father’s house is right by her house. Oh, it is another house near there. And how long had you been there with your father? Stayed there until I was pretty near ten. Where had you lived before that? I always lived with my father then. You always lived with your father, five miles from Black River Falls? Before I went to Neillsville, before I went to my aunt’s, and then I came to Neillsville. Yes, before you went to your aunt’s, who else did you live with when you were there with your father? When my father wasn’t home, I stayed with my uncle. And where was your uncle living? He lived right across the road from us. In the same house where your aunt lived? No sir. And your father lived down there, and your uncle and your aunt, in three different houses? Yes sir. What was your uncle’s name? (No response.)

 

The court; Do you know the name? Mr. Marsh: Mouch isn’t it? Mr. Wickham: I don’t know. Was that it? Mouch, now I thought of it Mr. Marsh: LaMouch I think it was. Your uncle was named LaMouch was he? Yes sir. And what was your father's name? Prieur. Do you know what his first name was? Oscar Prieur. Was your aunt’s name Mrs. David Marieur? Yes sir. When you lived with your father, who else was home? My brother. How old is your brother? He is 14. That is his age now is it? Yes sir. And have you any sister? None, but a sister that my mother adopted. Where is your brother? He is with my mother now. Did you ever live with your mother? No sir. Where was your mother when you were living with your father? She lives in Wausau. Whom does she live with? She is married again. When did she get married? Three or four years ago. What is her name? DeVoe. What is her first name? I don't know. Do you ever remember living with her at all? I have saw him. No, do you ever remember Jiving with your mother? No sir. Do you remember your mother was ever at home, when you were living with your father down near Black River Falls? She came to see us once, and she stayed over night. And is that the only lime you ever saw her while you lived down there? I saw her twice She came to see us twice. When did your father die? I don’t know. Did he die before or after the first time you went to Neillsville? The first time I was in Neillsville. Did he die while you were in Neillsville the first time? Yes sir. Who brought you to Neillsville the first time? He did. Why did he bring you there? I don’t know why. Where did he bring you to? Brought me to Mrs. Marx. What did you do while you were at Mrs. Marx? Went to the Catholic school. Where is the Catholic school? It is right—the priest house, and then the church, and then the next is the school house. And is the school taught by the sisters? Yes sir. And did you go to school there? Yes sir. Did your father bring you there to send you to school? Yes sir. Did he talk with Father Jungblud when he brought you there? Yes sir. Do you know how your father died? No sir. Did anyone take care of you after your father died? I went back to my uncle’s again. Do you know if anyone was appointed guardian for you after your father died? Father Garrety of Black River. Father Garrety of Black River Falls? Yes sir. After your father died, did you go to your mother’s? No sir. Did your mother come to see you? Yes sir, she came to see if she could get me. And couldn’t she get you? No, they wouldn’t let her have me till they found out — Was there some reason why they didn’t want your mother to have you? Yes sir. What was the reason? Did your friends think it was not a good place to have you go? Yes sir. They thought it was better that little girls should not be living with your mother, did they? They wouldn’t let me go because she left me when I was little, and the law said she couldn't have me. The law said she could not have you, you say? Yes sir. You said your mother lived in Wausau?  Yes sir. Were you in Wausau after your father died? No sir. Didn’t you go up there once? No sir. Where did you see your mother after your father died? She came down to Black River Falls. Did your auntie say that your mother not take you? She said she would rather take care of me than have me go there. And did your uncle say that your mother could not take you? Yes sir. Do you know if at that time, your auntie and your uncle sent to Father Garrety and asked him if he would be guardian for you? Yes sir. They did. And did you go to Black River Falls, and go to the Court House, when he was appointed guardian? I don't remember. How long did you know Father Garrety? When did you first know him? I knew him when I was seven years old. Did Father Garrety send you to school some place? He sent me to the Catholic Church at Neillsville. Did he send you any other place? No sir. Did he send you to Elroy at any time? He sent me there to stay a little while with his mother; that is all. That was after he was appointed your guardian? Yes sir. Was he looking for a place to send you to at that time? Yes sir. Did he ask Father Jungblud to find a place for you at Neillsville? I don’t know. Did he lake you to Neillsville, Father Garrety take you to Neillsville? He brought me there to Father Jungblud. Did he tell you he was bringing you there to send you to school? He did not tell me I was going to Father Jungblud till I got there. That was the second time that you went to wasn’t it? Yes sir. The first time your father took you, didn’t he? Yes sir. And the next time Father Garrety took you? Yes sir. And didn’t you know you were going to Neillsville before you got there? I knew we were going there, but he didn’t tell me where we was going. You knew you were going to Neillsville? I knew we was going to Neillsville, but I didn’t know where we was going. No; you didn’t know what place in Neillsville you were going to stay? No sir. And where did he take you? Took me to Father Jungblud. How long was that before the time you went to live with Mrs. Campbell? I don’t know. (Recess of 10 minutes.) Do you remember if it was something over a year when you went back to Neillsville the second time. Was it early in the spring? I don’t know. Was the snow still on the ground? I don’t remember. Did you stay in Neillsville with Father Jungblud last summer, up to the fame vou went to live with Mrs. Campbell? Yes sir And you haw lived with Mrs. Camp bell at the jail haven’t you? Have I you lived with Mrs. Campbell at the jail? Yes sir. When you went to live with Father Jungblud, did you attend the Sisters’ school? Yes sir. And did you go to school every day while there was school? No sir. Well, did you go to school every day until the time you stopped going to school? Yes sir. What did you study while in school? Catechism, and I can’t think of the name of the book. Well, what else, besides catechism? Arithmetic. Reading? Yes sir. Spelling? Yes sir. Writing? Yes sir. Geography? No sir. Didn't study geography. Anything else? I can’t think of anything else. And while you went to the Sisters’ School, did you live with Father Jungblud and eat there? Yes sir. And you slept there in that room you told about? Yes sir. And did you always get enough to eat? I did when I was going to school. Didn't Lizzie make clothes for you? No sir. Did you have some clothes when you came there? Yes sir. Didn’t Lizzie get clothes for you after you came? (No response.)

 

The court: If you remember, tell him. If you don’t remember say so. I don't. You don’t remember. You remember Lizzie wanting you to wear under clothes— wear drawers, and you would take them off and throw them away? She wouldn't let me wear them. Oh, she wouldn't let you wear them. Did you have drawers to wear? No sir. Did you say you did not have them? I had them, but she wouldn’t let me wear them. Did vow have shoes and stockings? Yes sir. Did Lizzie get those for you? No sir. Who got those? I had them when I came there. Didn't you get some more after you came? No sir. Now after you went to the Sister's school for a while, you quit going to the Sisters’ school, didn't you? Yes sir. Do you remember the name of the Sister that you went to school to? Sister Georgia —Sister Bernardine. Did Sister Bernardine tell you that you could not come to school any more? Yes sir. Why didn’t she want you to go to school any more? (No response.)

 

The Court: Tell him. Can you tell? No sir. Have you forgotten? Yes sir. Did she tell you at different times that you were naughty in school? She never told me that I was naughty in school. Didn’t she? Were you naughty in school? Didn’t she think you were so bad in school she didn’t want you playing with the other children? (No response.)

 

The Court: Tell him, if you remember. I don’t remember her ever saying that. Well, wasn’t that the reason that she did not want you to go to school any more? I don’t know. Well, that was what you thought was the reason, wasn’t it? No sir. What did you think was the reason? Because I couldn’t get my reading lesson. And did she tell you she would not have you in school any more? Yes sir. Did she tell you that you were a stubborn girl? No sir. Well were you a stubborn girl? I don’t know. Would you always do what you were told? Were you often told that it was naughty to be stubborn? I don’t remember. When you stopped going to the Sisters' School, did Father Jungblud and Lizzie teach you at home every day? Yes sir, and when I couldn’t get it they would whip me for it. When you wouldn’t get the lessons they would whip you? When I couldn't get them they were so hard. And would they hear you recite your lessons every day? Yes sir. What lessons would they hear you recite? My reading and catechism. And your spelling? No sir. Didn’t they teach you spelling every day? Yes sir. An I they would teach you arithmetic every day? No sir. Numbers? No sir. Not every day? They didn’t teach me that at all. But they would teach you spelling? And reading. And reading, and catechism, did you say? Yes sir. And did they teach you the multiplication table? Yes sir. How far did you get with the multiplication table, when they were teaching you? I don’t remember. Do you remember if you got un to the nines? I guess that is just as far as I got. How long was it that they were teaching you at home after you stopped going to the Sisters’ School? I don’t know. Do you remember that you, stopped going to the Sisters’ School about the month of May? I don’t know. You don’t remember that? I don’t know what time in the month it was. You don’t remember what time in the month, but do you remember that that was the month? No sir. Well you do remember that after you stopped going to the Sisters' School that you stayed with Father Jungblud all the time, and he and Lizzie used to hear you recite your lessons every day? Yes sir. And did they tell you different times that it was wrong to tell lies? Yes sir. Did they tell you that it was wrong to be stubborn? I don’t remember. Don’t you remember talking with Lizzie about —she telling you how naughty it was to be stubborn? No sir. Did they ever tell you how naughty it was to steal? I don’t remember that either. Don’t you remember about taking some things that did not belong to you from other people? No sir. Do you remember that you were never whipped except when you were stubborn, or told lies, or would not do what you were told? I was whipped for my catechism and reading and spelling. Were you whipped for naughty stories? All I remember her whipping me for was my reading and my spelling and my catechism. Did Lizzie ever tell how naughty it was for you to write bad words in your copy book? I never wrote bad words in my copy book. Did you ever write bad words any place? No sir. What kind of a copy book did you have? Didn’t have any copy book only a tablet. What kind was the tablet? I don’t remember what kind. How did you write on the tablet, with a lead pencil or with pen and ink? It was an ink tablet. I wrote with pen and ink and lead pencil. You wrote with both? Yes sir. Did you write your number lesson on the tablet. Yes sir. Was that the only tablet you had? That was all I remember I had. Don’t you remember of writing bad words in that tablet? I never wrote one bad word at all. Never wrote one. Do you remember Marion, that sometimes you used to tell some lies? (Witness cries.) Well, we will talk about something else for a while, Marion. Do you remember Marion, when you lived over in Neillsville that you used to play ball over there. Did you ever play ball over at Neillsville, Marion, what kind of play did you to like best? (Witness continues to cry and is excused for a while.)

 

Marion Prieur recalled for further cross-examination by Mr. Wickham: Marion, I was asking you about whether you would do what you were told, when Father Jungblud or Lizzie would tell you to do something. Were you always a good girl and do everything they would tell you? Tell me about that. I can’t. How’s that? I can't tell you. Can’t you? Well you want to tell me, don’t you? What kind of studies did you like best? Reading. You liked reading best. Are you a good reader? Not very good. But I am now. You are a good reader now. And what parts of the numbers did you like best? I didn’t like any of them. Didn’t you? Well weren’t the fives easy? Fives are easy. I know all those. You knew the fives; and you never had any trouble about the fives, did you? No sir. And would you about the reading? Sometimes I couldn’t get it; hard. Well, did you ever have any trouble about your bed? Did you Marion? Just say yes or no, Marion, whichever the fact is. I just want you to tell me about some of the things that took place there. Did you ever have any trouble about the beds? Well, I will ask you another question, Marion. Don’t you remember that Lizzie used to tell you how naughty it was to be stubborn and not do what you were told? I never remember her saying that to me. Oh don’t you? Did Father Jungblud say that to you? I never remember he saying it either. And did either of them tell you to be a good girl? I don’t remember. Did they ever tell you that it was naughty to tell stories? I don’t remember that either. Well, now, you remember you told me about all those things before, don’t you Marion? I don’t remember. Do you remember one time over at Neillsville that you told me a whole lot of things? Now, I would like to have you tell me some of them again. I can’t remember; it is so long ago. Oh well, there were some of those things that were kind of funny. You remember those don’t you? You would just as soon tell me as not, wouldn’t you Marion? I would if I could remember. Yes, of course. And you are not sorry because you can’t remember are you? That is nothing to cry about, is it Marion? That would be a joke on me, and not on you, wouldn't it? Isn’t that right Marion? Now. Marion, I want to ask you some things, and you might just as well tell and it won't hurt you any to tell. No one will hurt you. But I have to know about it. Marion don’t you remember that you used to dirty in your bed, and dirty on the floor, and you wouldn’t stop it? I never done that. Didn’t you; never? Didn’t you on the kitchen, floor a good many times? No, And wouldn’t you say that you would not stop it? No I didn't. I don’t remember of ever saying that. Well you remember about that don’t you? I don’t remember I ever done it neither. Well, don’t you remember that Lizzie would talk to you about it, how naughty it was to be stubborn and do those naughty things? I don't remember at all about that, at all. (Witness cries.) Is that your tablet, Marion, that you made your figures on? (Showing tablet to the witness.) Yes. What kind of work was that? Was that multiplication? I don’t know, I guess that was addition, wasn’t it? Oh, that was subtraction. That was hard for me to do. Oh you did that first rate. Is that your name on there? Yes. And did you write it? No. Did you make these figures? Yes. And did you make the figures on the next page? Yes, I made all those. Well you did that work pretty well, didn’t you? Did you like to do that work? Yes. Well, don’t cry, Marion. And here is where you did some multiplication, isn’t it? (No response.).

 

You must have done a lot of hard work on this book, didn’t you, Marion? All those figures are yours, aren’t they? Now what are all those words? Is that your spelling lesson? Yes, but I didn’t write it very good. Oh that is good writing. You could spell pretty hard words, couldn't you? If I asked the Sister — The Sister would tell you how, would she? And that is all your writing too? Yes, all in that book. All, in that book? I had another tablet besides that. Well, you wrote some very bad words here, didn’t you, Marion? Yes, that is what I had down for my confession, to tell my confession. Oh that was it? I had it written down, so I could remember. Was that the reason you wrote it down? Yes. And did you make bad pictures in the book, too? No. You didn’t. (Witness cries.) Well now, don’t cry, Marion. I simply want to know about these things. Well, part of this Marion, reads like a very naughty song, don’t it? I was writing it down so I could remember it. So you could remember the naughty song? Yes, so I wouldn’t hear it any more. And did you w11teit down on your book, so you would remember it? I wrote it down on there so I would remember it. Remember the naughty song? For confession; to tell it. I didn’t write it so I could say it or anything. Well, you remembered it before you wrote it down, didn’t you Marion? I would like to remember it all. Well, didn’t you want to forget it instead of remembering it? Yes. Only I wanted to tell it in confession, so I would forget it and never think of it again. Didn’t Lizzie tell you how naughty it was to be singing such naughty songs? I never sung them while I was in Neillsville here. You never sung them, while you was in Neillsville? No. Where did you sing them? Before I came to Neillsville. And you had some very naughty words in here, didn’t you Marion? No. In that song? Well, in that, and in other places? Where? Here is another song about the horse? I know it. Then there is some things here about some bad boys, isn’t there? Yes. I didn’t write them down so that I could remember to say them, but so that I could remember to tell them at confession, so I would forget them all. Well, now, didn’t Lizzie tell you that that was very naughty? Yes; and I never said them neither. Well, wouldn’t you keep on writing then when Lizzie would tell you not to? She told me to write them down so I could remember them to tell at confession, if I couldn’t remember them all. Now, you don’t mean that Marion, do you? Yes, I do. Do you? Didn’t Lizzie tell you how naughty it was to be singing these songs, and saying these bad words? I know it. Lizzie told you that, did she? She told me that and she said I could write them down if couldn’t remember them all. And you used to tell Lizzie that you would sing them all you had a mind to? No I didn't. And then you and Lizzie talk about how naughty it was to be stubborn? I don’t remember her saying that. Now didn’t you tell me about that before, Marion about all the trouble you used to have, because you would - want to be stubborn? I don’t remember. (Witness cries) Mr. Wickham: Well, your honor there is a good deal, I wanted to ask this witness, a good deal she told me before that I wanted to get out of her, and I don’t care to keep cross-examining while she is crying. I can’t remember them all. There is nothing to cry about, Marion, at all. You didn’t cry before. Don’t you remember you told me all of those things before, and didn’t cry at all? I can’t remember them all. That is all, Marion. You can tell me the rest some other time, Marion. I won’t ask you any more questions now. I can’t remember them all. Well that is alright.

 

Marion Prieur, recalled for further cross-examination by Mr. Wickham; Marion, you told us yesterday that Father Jungblud tied your hands with a rope or clothes line day before you went to Mrs. Southard’s. You remember about that do you? Yes sir. And you also said that, the day before that, he tied your hands in the same way. Is that right? Yes sir. Did he tie your hands the day before? Yes sir. That was two different days? Yes sir. And you said that the first day he tied your hands that he did not whip you? Yes sir. The first day he tied your hands, did he want you to do something? He tied me for words I couldn’t get. And did he tie the clothes line to the hook in the ceiling, the first time? Yes sir. And then you said he started to go down town? Yes sir. Did you call him back, and tell him you would say the words? Lizzie called him back. Did you tell Lizzie to call him back? No, I said it and then she called him back. Then what did he do when he came back? He took me down, and I washed the dishes. He untied your hands when he came back, did he? Yes sir. What! time of day was it, the first day when your hands were tied? In the morning. What time in the; morning? I don’t know. Then the next day you say he tied your hands again? Yes sir. What time of day was it the next day? j In the morning. What time in the morning? I don’t know. What I time was it when he untied your hands the next day? I don’t remember. Was that in the morning? No. Was that in the afternoon? Yes sir. The Court: That is the second day now that you are talking about? Yes. At the second day you were talking about Marion? Yes sir. You say he tied your hands in the morning, and he untied them some time in the afternoon? Yes sir. And was that the last time he tied your hands? Yes sir, I went away the next morning. How long after dinner, was it, when your hands were untied? I don’t know how long. Did you go out doors that afternoon, after your hands were untied? I don’t remember. Did he whip you when your hands were tied? Yes. Did he whip you any before your hands were tied? Yes sir. When? Just before? Yes sir. Was it just before your hands were tied? Yes sir. Or was it quite a while before? Just before. He whipped me quite a while too. He had been whipping me for a long time. Before your hands were tied? Yes sir. What did he whip you with? With a small stick first, and then he got bigger ones afterwards. Do you know where he got them? No sir. Do you know if he cut a switch out in the brush, pasture? I don’t know where he got them. Do you remember when you testified over at Neillsville in this case, in the preliminary examination? Do you remember that you told about that in Court over at Neillsville, one day? Do you know Mr. Dudley over at Neillsville? Yes sir. Well do you remember one day that we went into Mr. Dudley’s office in the Court House over there, and Mr. Marsh asked you about what happened, and you told us? Do you remember that day? No sir. Well, you remember one day that we went into the Court Room over there, and you told about what happened you, and how you got whipped, don’t you? Yes sir. That day did you say that what he whipped you with—I can tell you how big the sticks were. Well did you that day say that what he whipped you with was a whip that he cut out of the brush? He must have cut it in the pasture or somewhere. I don’t know where abouts. Do you remember if Mr. Marsh asked you that day if these different whips that he whipped you with was as large as your finger? One was. And I don’t know how large the others were. Well do you remember? I remember how large one was—two of them was. Do you remember that you said that; that you could not say if any of them was as large as your finger? No sir. You don’t remember about it? No sir. Do you remember that Mr. Marsh asked you this question: “How large were the different ones they used on you. Could you tell how large they were? As large as your finger, and you said: No sir, I can’t. Do you remember saying that? I can’t say how large they were now. Can't remember if any of them were as large as your finger? Just the one that Mr. Campbell brought over was about as big as this finger here. Who brought it over? Mr. Campbell brought it over to his house. Oh! Mr. Campbell went and found one that was as big as your finger? Yes sir. Did you cry that day, when they were whipping you? I don't remember. Don’t you remember that you didn't cry; told them you would not cry, wouldn’t do what you were told? I don’t remember. Don't remember that? Don’t you remember that yesterday was the first time that either Father Jungblud or Lizzie ever saw you cry? No. Didn’t you remember that? No sir. Don’t you remember that when you told about this over at Neillsville that you told how you wouldn’t cry when they whipped you, don’t you remember mat? It is so long ago I can t remember hardly any of it. And don’t you remember how you wouldn’t cry when your auntie whipped you, don’t you remember that? No sir. Do you remember that when you testified over at Neillsville, that I asked you this question: “Did you cry when you were whipped?” And you said, ‘‘No sir.’ I don’t remember. Well now don’t, you remember that that is the truth that you did not cry at all? I couldn’t cry. Well then you know you didn’t cry don’t you? I just thought of it. Yes, just thought of it. Do you remember that you never cried when your auntie whipped you. I cried some then. When your auntie whipped you. Yes sir.

_______________

Found Guilty

 

Miss Lizzie Nolan and Father Jungblud will Have to pay Penalty.

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Marion Prieur and Dr. T. F. Conroy's Testimony Complete

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You remember that your auntie whipped you sometimes and left marks on you? I don’t remember. Do you remember ever showing the marks to anyone that your auntie made on you when she whipped you? No sir. Do you remember showing Lizzie marks on you that were made by your auntie whipping you? No sir. Well, did you have some marks on you that were made by your auntie whipping you? I don’t remember. Now when you testified at Neillsville, do you remember that I asked you the question if Father Jungblud ever saw you cry when you were whipped, and you said no? Do you remember that? Do you remember that you told me over at Neillsville that Father Jungblud never saw you cry when you were whipped? Don’t you remember that? No. Well, you never let him see you cry when you' were whipped, did you? No. And you never let Father Jungblud see you cry till yesterday, did you? I don’t remember whether I did or not. Well, don’t you remember you told me at Neillsville that he never saw you cry? I don’t remember I said that. Well, don’t you remember that you wouldn’t cry any of the time he would whip vou? The Court; She said a little while ago she couldn’t cry, in answer to a similar question, and that she didn’t. Well do you remember that you never cried any of the time when Lizzie whipped you? I can’t remember. Well, now, at Neillsville, do you remember that I asked you: “Did you ever cry when Lizzie whipped you?” And you said: “No sir?” I don’t remember saying that. But you want to remember don't you, Marion? I want to remember if I can. Did Mrs. Campbell tell you last night to say that you don’t remember when you were asked questions? No sir. Didn’t she say that to you in the hotel last night? I don’t remember. Don’t you remember Mrs. Campbell said to you, when you were asked some questions to say you don’t remember? I don’t think she said that. Well, you want to remember don’t you Marion? Yes sir. Now, when you testified at Neillsville, when I asked you about how you got whipped, did you testify this way: Did Father Jungblud, say he wouldn’t whip you he would wait,” and did you say; “He wouldn’t whip me unless I done something wrong?” I don’t remember saying that. Well, you remember that is true, don’t you? He wouldn’t have whipped me if I could have got those words in my lesson good. Well do you remember that you said he would not whip you unless you done something wrong? No sir. Do you remember he told you you should not do things that were wrong, didn’t he Marion? I don’t remember. Well, over at Neillsville don’t you remember that you told me that he often told you not to do things that were wrong? I don’t remember if I said that. Well, now, Marion, you are not going to say you don’t remember to all the questions I ask you, are you? Well, I can’t think of it; it is so long ago. But you remember how he told you not to do things that were wrong, don’t you? You remember that? Don’t you remember that? Don’t you Marion? I don't know how many times he did. Do you know if it was a great many times, or only a few times? About how many times can you remember that he told you about it? I don’t remember that he told me any. Do you remember that you testified Neillsville, in this way: I asked you the question,: “Question, Sometimes when you did things that were wrong did he tell you that he wouldn’t whip you, that he would let you think about it?” And you said: “I remember that he said I shouldn’t do wrong.?’’ the Court: Do you remember saying that at Neillsville? That is what he wants to know? No. Well, do you remember sometimes when you would do things that were wrong that you would hold out your hand to him and say: “Now whip me” and he would say “No,” that he wanted you to be a good girl? Don’t you remember about that? I can’t remember all the things. No, you can’t remember it all, but you remember that you often did that to him, don’t you? I don’t think I did. Don't I you think you did, very often? Naughty things so the Sister heard you? I never said any naughty things. Do you remember you told some naughty stories? Yes but I didn’t tell any hasty things though. Didn’t you? No. Do you remember that you said that the Sister and Father Jungblud and Lizzie used to often tell you not to tell such stories? You remember that don’t you Marion? They told me it was wrong to tell stories. And don’t you remember that you also said that the naughty stories you used to tell used to make a good deal of trouble for you? Yes sir. Now the last day that your hands were tied, did Father Jungblud and Lizzie tell you that it was wrong to be stub born; that it didn’t pay to be stub born? I don’t remember ever saying that. Well, then do you remember I said: "And they told you that a great many times the last day when your hands were tied, didn’t they,” and you said? No sir I don’t remember of her ever saying that to me. No, I asked you that question, and you said: “They would always say, it pays to be stubborn, doesn't it, and I would say “No.” Remember that? No sir. And then I said: “They wanted you to know that it didn’t pay to be stubborn?” And you said “Yes sir?” Do you remember that? No sir. But you might not remember all you said over there at Neillsville Marion. But can’t you remember about their talking to you, coaxing you not to be stubborn? No sir, I don’t. Well, did you try to tell the truth, when you testified at Neillsville? Yes sir. And told the truth in Court? Yes sir, I tried to. And what you told over there was true, wasn’t it? Yes, but I can’t think of it all. No, but you thought of it then, didn’t you? Do you remember that you told me over at Neillsville that they used to tell you how naughty it was to tell lies, and you said “I couldn’t stop telling lies. I have stopped now?” I don’t know if I said that. Well, you do remember that you used to tell a great many lies and sometimes you would come back the next day and tell them that they were all lies, and then sometimes they would find it out themselves, and you told me about that at Neillsville? The Court: Is that so? (No response.)

 

When you were to Neillsville, did you testify in this way: Sometimes you would tell them something and afterwards tell them it wasn’t true?” And you answered: ’’Sometimes I would say something again that wasn’t so.” You remember saying that? No sir. And you remember that I then said: “And would they tell you how naughty it was to tell lies?” and you said “Yes sir;” then I said; “The day you first told it, you would keep telling it wouldn’t you, and say it was true? and you said: “I couldn’t stop telling lies; I have stopped now.” And then I said “Generally, the next day, you would tell them, it wasn’t so. wouldn’t you?” And you said: “I would tell them it was so.” ' And then I said: “Would you tell them the next day that what you told them the day before, wasn’t so?” and you said: ‘I don’t know. They would find it out sometimes, without my telling them that?’’ I don’t remember of saying that. Don’t you remember anything about that at all? No sir. And do you remember that then I asked you; ‘Then they would tell you how naughty it was to tell lies,” and you said: ‘‘Yes sir.” Don’t you remember about that? Yes sir. \es, and now don’t you re member this other testimony that you gave at Neillsville that I have just read? (No response.)

 

You remember that what you said at Neillsville, that I read is true, don’t you? Yes sir. And then don't you remember that I asked you; “And didn’t they talk to you a great many times about how naughty it was to be stubborn?” And you said: “Yes sir?” You remember that, don’t you? No sir. But you do remember that they did talk to you about how naughty it was to be stubborn, don’t you? No. Don’t you remember it at all? No sir. Well, I want to see if I can’t make you remember that. You want to remember it if you can, don’t you, Marion? Yes sir. And don’t you think, if I should read to you. what you said at Neillsville, that you could remember that? Yes sir. Well, we will see. Didn't you testify at Neillsville, in this way: “And didn’t they talk to you a great many times about how naughty it was to be stubborn? Yes sir. And they told you that a great many times I the last day your hands were tied, didn’t they? They would say, "It pays to be stubborn doesn’t it", and I would say, no. They wanted you to know that it didn’t pay to be stubborn? Yes sir. And they tried to make a good girl out of you, didn’t they Marion? Yes Don’t you remember he would ask you to be a good girl, and you would say: “I won’t; now whip me?” No. Now, when you were over at Neillsville, and told about this, do you remember saying that you some times told naughty stories, to Father Jungblud and Lizzie? Yes sir. And that was true wasn’t it? Yes sir. And do you remember if you also said that you used to tell naughty stories in school; that you sometimes told them to the Sister? You said sir. Don’t you remember you said that at Neillsville? Don’t you remember that, Marion? No sir. But you remember that was true, don’t you, Marion? Yes sir. Then do you remember that I asked you this question: And always when they whipped you was because you would either" be stubborn, or tell lies, or do some thing bad, or tell some bad stories? And you said; They said it didn’t pay to tell lies? Do you remember about that? No. Well, do you remember that every time that you were whipped, it was because you were either stubborn, or would tell lies, or tell naughty stories? No. All I know they whipped me for is for my catechism. Oh, that is all? That is all I know they whipped me for. Well, when you gave your evidence at Neillsville; you knew just as well then as you do now, what they whipped you for, didn’t you Marion? That is all I remember them whipping me for, and that is all I knew they whipped me for. Don’t you remember when they would want you to say the words, would you say, I am saying it to myself? Yes sir. What? I said that I tried to get it myself, and if I did, I would tell her when I got it.' But would you say this; I am saying it to myself? I don’t remember. Would you say: I made up my mind I won’t say it, and I won’t? No. Don’t you remember that? No sir, I don’t. You remember that you would say: “I will say it when I get ready and not before?” No. You remember saying that don’t you, Marion? No sir, I don’t think I ever said that. Don’t you think you said that? No, I don’t. Did you say; “I made up my mind to be bad, and I am going to be bad, and I don’t care if you do whip me?” I never said that at all. Didn’t you say that? No, sir, I didn’t. How did you get out of your room, the day you went to Mr. Southard’s? Got out through the wingbow. Did you raise the window when you went out? Yes sir. Did you have hard work la raise the window? No sir. And when you got out through the window did you get off onto the ground? Yes sir. Did you have to jump far? No sir. How far? I don’t know. Do you remember cutting your hand that day? I never cut my hand at all. Never did? No sir. Do you know if you hurt your thumb going out your window? No sir, I never hurt me at all. Do you remember what you told me at Neillsville about that? I never hurt me at all. Didn’t you tell me at Neillsville that you didn’t know how your thumb was hurt and that it might have been hurt by getting, out through the window? It was hurt before I put my dress on. I felt my nail that night when I happened to move my hand and the quilt struck it, I felt it. Maybe you remember that since, but don’t you remember telling me at Neillsville, you didn’t know how it got hurt and it might have got hurt going out through the window? No sir. You don’t remember. When your hands were tied that last day, did you get up on the table? Yes sir. How long were you on the table? Not long. Where was the table? It was right by me first, and then they moved it away. Was it by the wall, when you got up on the table? Yes sir. Was this hook in the ceiling in the middle of the ceiling? Yes sir. Over the middle of the floor? Yes sir. And did you walk over to the table and get up on it? No. The leaf was up. And you walked over as far as the leaf and then got up on the table, did you? Yes sir. And that was while your hands were tied? No, my hands were tied before. Yes your hands were tied before? Yes sir. But they were still tied at the time you got up on the table? Yes sir. Then how did you get off from the table? Jump off? No sir. Did you swing off? (No response.)

 

Did you swing off, Marion? You will tell how it was, won’t you? Yes sir. Well now, tell me, if you swung off the table? I stepped off of it, I swung a little bit. Well, you stepped off and swung off at the same time, didn’t you? Wasn’t that the way it was? Yes sir. And did that make the ropes tight around your arms? Yes sir. They were tight before anyway. That made it tighter didn’t it? Yes sir. And in swinging off, did you strike against something? No sir. Do you remember if you did some swinging at all, when your hands were tied, and strike against anything? No sir. Used you to take a swing once in a while just for fun? No sir They used to push me sometimes when they would come in. She said she would push me every time she came into the room. Lizzie said she would push you when she came in? Yes sir. What did she want to push you for? She said it was fun to. What did you say? I said it isn’t very much fun. Did you? Were you laughing? No sir. Didn’t you laugh any? No sir. When Lizzie was out of the room, would you sometimes take a little swing just for fun? No sir. Take a run and jump, get where you could jump? No sir. Do you remember that that afternoon, after your hands were tied, that you wont out in the woodshed? No sir. You remember that you went out doors that afternoon, after your hands were untied? No sir. What time was it in the afternoon when your hands were untied? I don't know. Do you think it was as late as one o’clock? I don’t know. Don’t you remember what you were doing in the afternoon? No sir. Do you remember what you were doing I at supper time? No sir. Do you remember eating your supper? No sir. They gave me some bread and butter in my room, but I couldn’t eat it. Was that at supper time? It was after supper time. Didn’t you want to cat it? I couldn't eat it. I wanted to eat it but I couldn’t. Was it before that that you were whipped? I was whipped at night too. Ob. you were whipped at night too? Yes sir. After your hands were untied? Yes sir. Who whipped you at night? The priest and Lizzie both. What time at night? I don’t know what time. Was it before supper, or after supper? It was after supper. Was it before you came in from out doors? I don’t know. Was it before you went to bed? Yes sir. They didn’t whip you any after you went to bed? No sir. They went away that night. Do you know what time it was you went to bed? No sir. Do you say that Father Jungblud kicked you in the hip? Yes sir. When was that? That was the same light. Was that when your hands were tied? My hands were untied then. And it was after your hands were tied? Yes sir. After they were untied. They were untied then? Yes sir. Do you remember Lizzie tried to get you to come to sup per that night? No sir. Do you remember she wanted you to come? No sir, she never did. Didn't she? She didn’t. Did you say to her: I have made up my mind I ain’t going to eat, and I won’t? No sir. Do you remember you used to say that, some times when she wanted you to come to supper? No sir. I have made up my mind I ain’t going to eat today? No sir, I never said that at all. Weil, you remember sometimes you used to want to eat, and then when supper would be ready, you would refuse to eat? No sir. You think you were never stubborn, about eating? No sir. I wasn’t.

 

Re-direct examination by Mr. Marsh. You said that they went away from home that night. Did they tell you where they were going? No sir, they did net. Do you know what time they got back? No. Did either of them come to your room when they got back? No sir. And you did not hear them come, so as to know what time they came? No sir. Do you know whether I hey went away before dark or after dark? They went away after dark. Now which night was this? Was it I he night after they hung you up the first time or the second time? I don’t know. You don’t remember. They went away I lie second night. What is it? They went away the second night. I have forgotten if they went away the first time. Mr. Marsh: That is all.

 

Re-cross examination by Mr. Wickham: Were you asleep when they came back? I don’t remember. Mr. Wickham: That is all. By Mr. Marsh: Did you see the sheet that you slept on that last night, before you went down to Mr. Southard’s in the morning? Yes sir. What was the condition of it? It was blood on it. Mr. Marsh: That is all. Mr. Wickham: That is all.

 

Marion Rrieur recalled for further examination, by Mr. Marsh: After you were whipped on that night, that is the night before you went clown to Mr. Southard’s did either the priest or Lizzie put anything on to your cuts or bruises? No sir. Did they wash them off in any way? No sir. W T as there any water nut on to you, or thrown on to you? They thro wed water on me. Which one did that? Both of them. When did they do. it? The night before I went down to Southard’s. And how much water did they throw on to you? One had a dishpan and I don’t know what the other was. What is it? One had a dishpan. Father Jungblud had a dish pan, but I don’t know what the other was. It was some kind of a big dish. What did they throw this on to you for? Do you know? No sir. Where were you at the time? Outdoors. Did you have your clothes on? No sir. You did not have-your clothes on? No sir. Where were you; near the house or some distance? Standing between the woodshed and the house. Did you know they were going to put the water on to you? I didn’t know it till they came out doors. Well, how did they put it on to you? They threw it on me. You say you didn’t have any clothes on? Yes sir. Was that after you had been whipped the last Line, or before? I don’t remember if it was the last time, or the first time. I guess it was the last time though they hung me up. How did you happen to be out there without any clothes on? Because they sent me out to take my bath in the woodshed, and I couldn’t get my shoe untied, and they made me come in the house, and when I was taking my bath, they came out and they threw water on me, cold water from the pump. Where were you taking your bath? In the woodshed. Was that in the day time or at night? At night Before dark or after dark? After dark. Then you had your shoes on then did you? No sir. Who has taken it off? I did. Did you succeed in getting your shoe untied yourself? Yes sir. Had you taken your bath? I was taking it when they came out. You don’t remember whether it was the last night before you went down to Mr. Southard’s or the night before? No sir. Do you know whether it vas after you received the most of these injuries on your body? No sir. Is the woodshed a part of the house, or do you have to go some distance to the house from the woodshed? Why it is a red building a little ways off from the kitchen; back door. It is not part of the house? No sir. Mr. Marsh: That is all.

 

Cross-examination by Mr. Wickham:—What did you go out in the wood-shed for? I couldn’t take it in the kitchen, or in the house. You mean you went out in the wood-shed to take a bath? Yes sir. What time was it that you went out there? I don’t know what time it was. Was it before supper? I don’t remember. Did you go out there before dark? It was after dark when I went out there. Did you take off your clothes after you went out in the wood-shed? I couldn’t get my shoe untied for quite a while. And did you after wards get it untied? After they called me in the house. Did you get it untied before you got back in the house? No sir. You got it untied after you got into the house? Yes sir. Well were you taking your bath with your shoes on? No. I didn’t take my bath till I got my shoe off. And then did you go back again to take the bath? Yes sir. And then you went out in the wood-shed, and you were (jailed back in the house, and then you went back again to the wood-shed to take the bath? Yes sir. How soon was it that you went back the next time? I can’t remember. Now the first time you went out to the wood-shed, do you think that was before dark or after dark? I think it was after dark. The first time? I think it was. And did you take your bath when you went out the last time? Yes sir. Did you take off your other clothes? Yes sir. Besides the one shoe? I took them all off. And did you take some of them off the first time you went out? I don’t remember. Which time was it that you say someone threw some water on you, the first time or the second time? I don’t know if it was the first time or the second time. Who was it threw that water? Lizzie and the priest both. They both threw it? Yes sir. Did they both throw it at the same time? I don’t remember. How much was thrown? One had a dishpan full and the other was a funny kettle.  Was a kettle with a handle on, and it was quite big. Well did they pour all the water on you, or just—? They throwed it all on me. —sprinkled you with some water? They throwed it all on me. While you were taking a bath? I was in between the woodshed and the house when they threw it on me. Was that before you commenced taking the bath? I was in the bath-tub taking my bath when they came out. Do you know what they threw it on you for? No. How long was that before you went to bed? I don’t know. You say you don't know what night it was? No sir. Don’t know whether that was the day you got whipped or some other day? It was the day I got whipped. Oh I thought you told Mr. Marsh that you didn’t know whether it was the day you got whipped or the day before? I said I didn’t know if it was the second day that they threw the water on me, or the first day. Mr. Wickham: That is all.

 

Re-direct examination, by Mr. Marsh. Let’s see. that first day while you were hanging up you said you didn’t get whipped? No sir, I didn’t. Did you at any time that day? Yes sir. Was there a bathroom in the priest’s house? No, they had a big long bath-tub that they poured water in. Was that in the house or out in the woodshed? In the house. Did you have a bath tub of some kind out in the wood-shed? Yes sir, a little one. They didn’t have any separate room for a bath room in the house, did they? Or did they? They took and took the hath in that bedroom right next to mine. Mr. Marsh: That is all. Mr. Wickham: That is all.

 

Dr. T. F. Conroy, city physician of Neillsville, who was first called to see the child then testified as follows: Dr. T. F.Conroy, sworn as a witness in behalf of the State, was examined by Mr. Marsh, as follows:

 

Q Where do you reside, Dr.?

A In Neillsville.

Q You are a practicing physician and surgeon there are you?

A Yes sir.

Q Have been for how many years?

A six.

Q Graduate of a regularly incorporated medical college?

A Yes sir.

Q You were the city physician of the city of Neillsville that year, were you?

A Yes sir.

Q As city physician were you called upon to examine and treat this little girl, Marion Prieur at any time?

A Yes sir.

Q When?

A On the morning of Friday, October the 4th, last year.

Q About what time in the morning did you first see her?

A Between nine and ten o’clock.

Q Now, doctor, will you state where you found her and in what condition?

A On reaching the southwest front room of Mr. Asa Southard's house, I found the little girl lying on a cot near the west window. Her head was towards the south, and I noticed at the time that she was conscious, that her face wore an expression of fear and pain. She wore at the time, or she had on at the time, a thin dress of some cheap material, but no shoes or stockings. I noticed that the pupils of the eyes were somewhat dilated, and that the surface of the skin was cold and some what clammy; that the mucos membrane of the lips was bluish: that there was some degree of feverishness: the thermometer registered about a hundred at the time; that the breathing was somewhat hurried and shallow, about 24 to the minute: that the pulse rate was somewhat quickened, 90 to the minute. The face was pale, sallow the whites of the eyes somewhat yellowish in color. At the hair-line, near the center of the forehead was a cut, the exact character of which I do not recall now. The upper and lower eyelids of the left eye were swollen and discolored, a condition commonly called a black eye. On attempting to remove the dress from the little girl. I gave up, because of the pain that it seemed to cause her: and slitting up the sleeves of the dress, and the front of the waist and laying bare the body, I noticed that the upper part of the trunk, to a point about two or three inches below the nipples, was comparatively free from any signs of injury. But from the shoulders, about the junction of the shoulders with the collar-bone in front, and mostly along the front and outer side aspects of the arm, the shoulders and arm and fore-arm, the skin was pitted with cuts and welts and bruises. A little distance above the wrists of both fore arms were furrows, indented and blanched, showing that there had been some constriction in the shape of a rope. Below these depression in the skin surface, the discolored skin was swollen to its utmost. The nail of the thumb on the left hand was absent, and at the junction between the ring and little fingers of the left hand there was a laceration laying bare the joint at that place, the metacarpal phalangial joint. Encircling the abdomen there were marks of various lengths, cuts, welts, and bruises, partially encircling the abdomen: heaviest toward the right side. My impression is that on either the right or the left flank there was a mark of contusion, somewhat larger than the rest. I have not that definitely in mind. The hips and thighs, more especially the outer and side aspects of both, were bluish, and at places a yellowish-green; and from those points downward, the whole surface was pretty much uniform in color, a bluish, greenish, yellow. The figure of the child was slender and ill-nourished; the muscular system rather poorly developed; and all-in-all, I took her state to be that of a moderate shock.

 

Q Aside from the discoloration of the lower limbs was there any thing abnormal that you observed about them in the way of any cuts or bruises there?

 

A Well, the abnormalities consisted of various cuts, in which the skin surface was abrased or scratch off, welts in which the skin surface was elevated above the rest of the surface lying near, and bruises, that is, marks where various blood vessels near the surface had broken, and allowed their contents to escape, partially or in the whole.

 

Q Now where blood had escaped had it been washed off at the time you saw it, or was it still there?

 

A I do not remember any evidences of washing. I do not remember that there were any signs of its having been washed off.

 

Q Do you remember whether or not there was any blood?

 

A At various places along there, along the various portions of the abdomen particularly, and the thighs, there were places where the blood had dried on.

 

Q How definitely could you determine from you examination, as to the length of time that had elapsed, since these injuries were received?

 

A Taken in connection with statements made to me at the time, that is, statement of the occurrence the previous day?

 

Q No, just what you observed there that morning?

 

A lt is very hard to deter mine definitely from the appearance of the skin at what time a bruise occurred. Superficial bruises discolor the skin right away, and the more superficial the bruise is, the more quickly the skin surface becomes discolored. Deep bruises result in a discoloration of the skin, sometimes after hours, sometimes only after days.

 

Q These wounds on the hands, this split between the fingers, and the thumb, the end of the thumb where the nail was gone, what could you determine, if anything, with reference to them, that is, as to the time that these had been received?

 

A It was almost impossible to determine whether they had occurred within a few hours, of within any time of the preceding 24. I took both to show evidence of having been contracted within the last 24 hours.

 

Q On your first visit, did you dress the wounds on the back part of her body?

 

A On my first visit, I did not raise the child from the position in which I found her, owing to the complaint she made of pain, on attempting to do so. It was later on at a subsequent visit that I examined the back.

 

Q Later the same day?

 

A I think about two hours later: very nearly noon on that day.

 

Q How many times did you visit her that day?

 

A At least two; very probably four times.

 

Q How many times, if any the following day?

 

A The same number of times. From two to four. I recall two. My impression is I made four visits because I concluded to visit her at about four hour intervals: three or four hour intervals.

 

Q What, if anything, was done in the way of treating those injuries by you during the first two days?

 

A Well, internally of course, I employed supporting treatment; took measures to maintain the vital forces; and externally I employed substances which were calculated to heal over the open wounds of the open wounds of the skin surface and allay pain.

 

Q Was there anything done to prevent infection?

 

A Oh yes. That was the first indication; to prevent any subsequent infection.

 

Q Now state whether or not you deemed all of these treatments necessary?

 

A Absolutely

 

Q The injury between the two fingers that you speak of, was that sewed up? Did you sew that up, or didn’t you?

 

A No sir; Owing to the fact that some hours had elapsed from the injury, I concluded to treat that as an open wound, through fear of after-infection following. The purpose of course, was to sew up up later on when the danger of infection was removed.

 

Q Well, from your examination of the little girl at that time, or at any time during those two days, what would you say of her physical condition aside from what had resulted from these wounds or injuries that you have described?

 

A I thought the child was ill-conditioned: that she was anything but robust, her bodily development was rather poor; that she was suffering from a lack of blood; and, from the appearance of her eyes, I took her to be constipated; and I apply that term both to the functions of the kidneys and bowels.

 

Q Taking into consideration her physical condition that you have described in connection with the injuries as you observed them what do you say, or rather what was your opinion at the time as to her chances of recovery? Objected to by defendant’s counsel, as incompetent, irrelevant, and immaterial. Q What do you say now as to her chances of recovery?

 

A Well, for ultimate recovery, the chances were excellent. The case required close surgical care.

 

Q Would the fact, if it were a fact, that these in juries went twelve hours or more, without any treatment, have any bearing on her chances of recovery, and the dangers of the injuries?

 

A Certainly.

 

Q In what way?

 

A The chances of infection were greater, because of the time that would have intervened from the time the injury was done. In other words, the longer those injuries remained unattended to, the greater the dangers of infection and infection was the main danger at the time.

 

Q After you had treated her the first two days, you turned her over to the County physician, as you understood it? A Yes, the case was taken from my charge on Saturday night, October the 5th.

 

Q And from that day on, you did not visit her professionally?

 

A On Sunday morning I went to the County Jail, and saw her then the last time. The Court: That was the 6th? A Sunday of October the 6th. Mr. Marsh: That is all.

 

 

Cross-examined by Mr. Wickham, as follows:

 

Q You stated, doctor, that there was an impoverished condition of the blood, and that her face was sallow?

 

A Yes sir.

 

Q Explain what you mean by that doctor?

 

A Well, by an impoverished of the blood, I mean a defect, either in the quantity of the necessary elements of the blood, the essential constituents, red-blood cells, or a defect in quality, particularly with reference to those ingredients on which the value of the blood depends: the hemoglobin, for instance.

 

Q Explain what you mean by that sallow complexion that you mention.

 

A The sallow color referred to is quite often associated the anemia, or impoverishment of the blood. It is indicative of two conditions, that usually go hand in-hand; first, impoverishment in the blood itself, and secondly a defect—or I would rather say, a deficiency—in elimination. That is to say. a failure on the part of the organs of elimination to rid the body of certain waste materials, which clog the circulation; in other words, a condition often attendant on constipation, either of the kidneys, or the bowels.

 

Q Did that sallow appearance, indicate jaundice and bile?

 

A The peculiar yellowish hue of the whites of the eyes indicated a certain degree of jaundice; slight. Whether, of course, that jaundice was dependant upon the reduced condition of the blood, or whether it arose from obstruction in the bile ducts of the liver, or in the excretory ducts of the gall-bladder, I did not determine at the time.

 

Q I wish you would explain what you mean by anemia; or have you already explained that in explaining the impoverished condition of the blood?

 

A I would use the word “impoverishment” of the blood: a condition of the blood in which the essential condition of the blood. are reduced either in quality or in quantity, or in both.

 

Q That is called anemia?

 

A Yes sir.

 

Q No doctor, do you mean to be under stood as saying that the impoverished condition of the blood, or the sallow color of the complexion, was at all due to any recent injuries which you discovered-marks on the body?

 

A No.

 

Q Do you think that those conditions of the blood and the sallow appearance or color were due to other causes? Yes sir. You said, doctor that, considering her entire condition, you considered she was suffering from a moderate shock?

 

A Yes sir.

 

Q What is a shock?

 

A Shock is a depression of the bodily vital forces: condition of lowered vitality.

 

Q And are they divided into moderate shocks and severe shocks, in common parlance?

 

A Yes sir. Various adjectives are applicable to the condition according to the grade of severity.

 

Q Would you say that the blood was deceased, doctor?

 

A No sir; except in a negative way that it was defective either in quantity or quality; and that would have to be determined by a blood examination; simply a condition of impoverished blood, as we ordinarily find it.

 

Q State whet her or not, a slight bruise or injury to the skin, in the case of a person of impoverished blood, would heal up as readily as in case of a person with healthy blood? A It would not heal up so readily, no sir,

 

Q State whether or not, that condition of blood, would end to aggravate an injury to the skin?

 

A I am not prepared to answer that definitely. There are so many factors that have to enter into consideration that I do not think it possible to answer that off hand.

(Last question read.)

 

A That is to say, as compared with others, more robust, in better physical condition?

 

Q Yes, as compared to a person with healthy blood?

 

A Perhaps I grasp your meaning a little more plainly, and could say that—Well, I do not know whether the answer is called for, I am sure.

 

Q Well, if you want to add anything to what you stated, you may?

 

A The extent of the signs in a bruise would probably be greater in a person whose blood vessels have lower resisting power than in one whose tissues were more robust. On the other hand, the force and volume of the blood current would be lessened, in one of impoverished blood; and whether that consideration is of more avail than the other, lam not pre pared to say absolutely.

 

Q You would have to balance those two factors. If a person should receive several slight cuts and bruises, I mean being cuts and bruises of the skin, or to the outer portion of the skin, would the general appearance of such a bruise, some hours afterwards, to a casual observer, indicate a great deal more severe injury to a person of impoverished blood and a person having that sallow color that existed in this case, than would exist in case of a person with healthy blood and a healthy color?

 

A Yes sir.

 

Q Under such conditions as I have mentioned in my last question, state if the condition would not look to be worse than it really was?

 

A To the casual observer?

 

Q Yes.

 

A It probably would look to be worse than it really was, to a casual observer.

 

Q At the time you ceased treating Marion Prieur, state whether or not she was improving, or otherwise.

 

A Well she had rallied from the shock, I suppose. She complained of less pain at the time; she had slept Friday night. She was eating with considerable relish, but the general appearance of the body had not changed much; would not expect after 24 hours interval to have much pain in the external appearances, unless other signs than had been present before, indicative of deeper bruisings, had then appeared on portions of the surface not previously discolored. But the discoloration over the bruises mentioned before was shading off from the purplish-dark into that yellowish-green, a sort of second stage; in other Words, a step on the way to repair, restoration to entirety.

 

Q You said, doctor, on your direct examination, that the principal danger that existed, was from infection?

 

A Yes sir.

 

Q And is it true that you considered at that time there was any danger from infection if proper treatment were given?

 

A Yes, there was some danger from infection at that time, because of the interval that had elapsed from the time in juries were sustained.

 

Q Isn't it a fact that infection does not necessarily follow from an injury?

 

A That is a fact. It deles not necessarily follow. It depends on various facts.

 

Q There must be an opportunity for infection, must there not?

 

A An opportunity for infection, and the agents that carry infection.

 

Q And in case there was infection, if taken in time, is it not a matter that is usually handled quite readily by the medical profession?

 

A Yes sir.

 

Q State whether or not, nature cures itself in cases of infection, in a great many cases?

 

A Yes sir; where the resisting powers of the body are sufficient to overcome the invasion of these decease carriers or germs.

 

Q Were these wounds and injuries which you have described all of a temporary nature?

 

A In what respect?

 

Q Those marks and wounds?

 

A Temporary in their effects, or in the disfiguration that followed?

 

Q Well, I mean so far as health is concerned: the marks and wounds?

 

A Oh, so far as health was concerned, I do not think that any wounds at the time barring possible infection—would militate against life, or seriously impair health.

 

Q And that infection would be nearly problematical depending upon future conditions?

 

A Not altogether, on conditions thereafter. Time enough for infection had already passed: and as the wounds had been uncared for, it was impossible to determine whether they were infected or not. I treated them as infected wounds, because as a matter of course, such wounds allowed to go even a number of hours, in a majority of cases, are infected wounds.

 

Q And in that condition, could you tell, whether or not at that particular time there was any infection?

 

A It was impossible at that time to determine, whether would not expect after 24 hours interval to have much pain in the external appearances, unless other signs than had been present before, indicative of deeper bruisings, had then appeared on portions of the surface not previously discolored. But the discoloration over the bruises mentioned before was shading off from the purplish-dark into that yellowish-green, a sort of second stage; in other Words, a step on the way to repair, restoration to entirety.

 

Q You said, doctor, on your direct examination, that the principal danger that existed, was from infection? A Yes sir.

 

Q And is it true that you considered at that time there was any danger from infection if proper treatment were given? A Yes, there was some danger from infection at that time, because of the interval that had elapsed from the time in juries were sustained.

 

Q Isn't it a fact that infection does not necessarily follow from an injury?

 

A That is a fact. It deles not necessarily follow. It depends on various facts.

 

Q There must be an opportunity for infection, must there not?

 

A An opportunity for infection, and the agents that carry infection.

 

Q And in case there was infection, if taken in time, is it not a matter that is usually handled quite readily by the medical profession?

 

A Yes sir.

 

Q State whether or not, nature cures itself in cases of infection, in a great many cases?

 

A Yes sir; where the resisting powers of the body are sufficient to overcome the invasion of these decease carriers or germs.

 

Q Were these wounds and injuries which you have described all of a temporary nature?

 

A In what respect? Q Those marks and wounds? A Temporary in their effects, or in the disfiguration that followed?

 

Q Well, I mean so far as health is concerned: the marks and wounds?

 

A Oh, so far as health was concerned, I do not think that any wounds at the time barring possible infection—would militate against life, or seriously impair health.

 

Q And that infection would be nearly problematical depending upon" future conditions?

 

A Not altogether,’ on conditions thereafter. Time enough for infection had already passed: and as the wounds had been uncared for, it was impossible to determine whether they were infected or not. I treated them as infected wounds, because as a matter of course, such wounds allowed to go even a number of hours, in a majority of cases, are infected wounds.

 

Q And in that condition, could you tell, whether or not at that particular time there was any infection?

 

A It was impossible at that time to determine, whether the rise in temperature, the quickening in the heart-rate and in the breathing rate, were due to the little feverishness, which ordinarily follows bruises; a state of feverishness, which we term ascetic fever, due to the absorption of certain fibrant (vibrant?) ferments from the blood that had passed out from the tissues into the tissues: or whether it was due to the beginning of blood poisoning. In other words, even where wounds are not infected, we expect a certain rise in temperature, acceleration of the heart-action, and a quickening also of the respiratory rate, even though infection does not follow. But at such a stage, it is impossible to tell between the two. Certain forms of blood poisoning are very insidious on the first day or two: will not necessarily be followed with any greater temperature, respiratory or circulatory rate than I have mentioned.

 

Q Did you make any further examination of the girl after the 6th?

 

A Not after the 6th, no sir. My examinations were made on Friday and Saturday, the 4th and the 5th.

 

Q I believe you said that you saw her on the 6th?

 

A Yes sir, I called at the county jail in the morning of Sunday, October the 6’uh, to find out whether the child was still under ray care or not. No information had reached me at the time. Mr. Wick ham: That is all.

 

Re-direct examination of Mr. Marsh:

 

Q You said you did not make any blood examination?

 

A No sir.

 

Q This injury which you speak of over the hip, state whether or not that is in a vital portion of the body, or whether underneath that portion of the outer surface of the body, lies some of the vital parts?

 

A The exact site of that injury, or mark of injury, I have not in mind. I have forgotten whether it was on the right side or left side; whether it over laid the hip-bone at that point, or whether it was placed on the side of the abdomen; and the difference in site, will of course, make a difference in my reply to the question. If it lay over the abdomen, along the side of the abdomen, I should look upon it, was| more serious by far, than if it were placed over the crest of the hip-bone, or pelvic bone at that place.

 

Q That is. if it was directly over the bone it self?

 

A lf is were directly over the bone itself, it would be of far less danger to the under lying tissues than if it were immediately over the intestines.

 

Q And over the softer parts?

 

A Over the softer parts of the abdomen.

 

Q I think you stated that these wounds or bruises, on a person in the general physical condition that this little girl appeared to be in, would seem more serious to a casual observer, than upon a child that was better nourished, was that jour answer.

 

A I think so.

 

Q Well, I will ask yon. whether or not, they would actually be more serious in a child in her condition than they would in a well-nourished child?

 

A Yes sir. 

 

Q You knew this defendant Jungblud prior to the time that this happened, did you, last October?

 

A Yes sir.

 

Q Do you know hew long he had lived in Neillsville: how long he had had charge of the church there?

 

A Not exactly. I should think for a year anyhow, possibly two years.

 

Q Had you been at his house?

 

A Yes sir.

 

Q You were a member of that church?

 

A Yes sir.

 

Q When you were there at the house, who was there? Was this little girl there?

 

A I never saw her before the morning of Friday, October the 4th that I can recall.

 

Q Who was there at the house whenever you were there?

 

A On the one or possibly occasions when I called there, I remember to have seen Father Jungblud on at least one occasion and his house-keeper on the other.

 

 Q That is, this lady here?

 

A She came to the door.

 

Q Anyone else there that you ever saw there? A I can’t remember anyone else, that is, with the exception of my wife, on one occasion. I believe she was with me. Mr. Marsh: That is all.

 

Rev. Charles Jungblud of Neillsville was found guilty at Grand Rapids of assault without regard for human life while his housekeeper was convicted of assault and battery. The assault was committed upon Marion Prieur, a ward under the supervision of the two. It was alleged that the child was beaten until her body was covered with bruises and cuts from which she was bleeding when she escaped from the priest's home to the house of a neighbor and told her story. The priest charged that the child was incorrigible and refused to obey him.

 

24 Oct 1901--Charges;Abilene weekly reflector (Abilene, Kan.)

29 May 1902-Found Guilty Part 1; [Part 2]; [Part 3]

5 - 19 Jun 1902--Rev. Charles Jungblud Testimony

26 Jun 1902--Testimony

3 Jul 1902--Testimony; continued

10 Jul 1902--Nolan Testimony; continued 10 Jul 1902; continued 17 Jul 1902

17 Jul 1902--Nolan Testimony Continued

14 Aug 1902--Jungblud Pleads Guilty

 

August 6, 1901

 

Father Jungblut, a Catholic priest of Neillsville, was arrested and found guilty of assault and battery on a 14-year-old boy.  The priest claims the boy used profane language in his presence.

 

1900 Federal Census, Neillsville, WI

Hewitt Street, Catholic Church Properties:

Charles L Jungblut Male 35 Single White, b.Apr 1865 Iowa Ohio Ohio Head
Lizzie A. Nolan Female 26 Single White; b. Jul 1874 Wisconsin Ireland Ireland Housekeeper
Sister Did* Edmunda Female 39 Single White; b. Dec 1861 Iowa Germany Germany Head and Superior
Sister Georgia Female 36 Single White; b. Jun 1864 Iowa Germany Germany Inferior
Sister Sabina Female 55 Single White; b. Aug 1845 Germany Germany Germany Inferior

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Author: Rhonda Whetstone is a columnist for News-Herald Media, Stevens Point Journal Media and Daily Tribune Media. Rhonda's Twitter ID is TribRendezvous if you wish to follow her musings there. You also can get previews of upcoming columns by clicking "Like" on Back to the North Wood on Facebook. If you have story ideas of a historical nature, email her at Rhonda.Whetstone@gmail.com

 

----Source:  Wisconsin New Herald; Published 5:00 a.m. CT Sept. 16, 2014 | Updated 5:03 a.m. CT Sept. 16, 2014

 

Some stories are harder to write than others, and this is certainly one of the hardest. The subject matter is what makes this difficult, and it is hard to explain how horrific this case was, without using the details, and yet the details are so graphic, I have to play them down. You will have to read between the lines here, but even in this watered down version, you will understand how awful the full truth must have been.

Back in the day, orphans often were dealt with in less than compassionate ways. Many families, especially poor rural ones, did not have the means to take in orphaned relatives, and in other cases, no family could be found. Larger cities had orphanages, and the smaller towns sent the children off to those strange cities, when necessary. It also was common for children to be sent to live with priests who were willing to take them in for cash from the town or family.

The latter was the case for Harriet Marion Prieur, 11. Marion, as she was known, was born in 1890 in Monroe County to Emma Jane Roberts and Oscar Eugene Prieur. Marion was the second child of the married couple, two years earlier Emma having given birth to son, George Eugene.

The Marshfield Times told how, while still an infant, Marion's mother tied her into a highchair, put the baby outside in the hot sun, left her husband and her two children, and ran off with some man.

Marion finally was discovered by neighbors, and for many years, she was cared for solely by her father who remained home with her in the summer, working in the woods as a lumberjack in the winter, leaving Marion in the care of whomever he found willing.

In 1897, while working in a field, he was killed by a gunshot, thought to be accidental, coming from the woods where someone was hunting, with the shooter not even realizing he had killed a person.

Once her father was gone, Marion's real horrors began. She was passed from family to family, both relatives and strangers, but no one seemed able to build a rapport with the girl, including the nuns she eventually lived with, so she ended up with Father Garrity of Black River Falls, in the city where she had been raised.

Garrity knew he could not keep her in his care, so turned her over to Father Charles Jungblud and his housekeeper, Lizzie Nolan, who lived in Neillsville.

It was Sunday, Oct. 4, 1901, when Marion managed to drag her horrendously abused body out the window of Jungblud's house and make her way to a neighbor's home and the whole sordid ordeal of what she was being put through by the priest and his housekeeper finally came to light.

After doctors examined the girl, Jungblud and Nolan were arrested and taken to jail to await examination before Justice Dudley. It was then that the priest learned the seriousness of the charges brought against him and Nolan, and he asked for an adjournment until he could get counsel.

The incensed townsfolk in Neillsville started speaking of a lynching, and authorities were kept busy trying to keep the mob from storming the jail. The mob might not have succeeded in taking the prisoner, but they did hang him in effigy from an electric light pole on Main Street, the image having a prayer book in his hand and a sign that read, "Jungblud, the assassin."

Ultimately, feelings ran too high in Neillsville to attempt a trial there, and it was far too close to Marshfield to try to house the prisoners safely there, so with no way to post pail, the couple was taken to Grand Rapids, the Wood County seat, where they would stand trial on Oct. 18.

The Wisconsin Valley Leader of Grand Rapids said never had a case causing so much comment and talk, been tried in its city.

It was difficult to find jurors who did not have prejudices against the defendants, but finally a jury of local south Wood County people were chosen, many of whom were rather prominent. It was May 14, 1902, when the trial actually started, and residents learned with shock of the atrocities committed by Jungblud and Nolan against defenseless Marion Prieur.

*************************************.

BioM: Donwell, Harriett Marion Prieur (1931)

Montana Marriages, 1889-1947
 

Groom: John Duncan, white American male
Marriage Date: 28 Dec 1931, Bozeman, Gallatin, Montana, United States
Birthplace: Parigon, Worden, Indiana
Father's Name: Phillip Duncan
Mother's Name: Ellen Martin
Bride:: Harriett Donwell, 41 yr. old (1889) white, Female
Birthplace: Norwalk, Monroe, Wisconsin
Spouse's Father's Name: Oscar Prieur
Spouse's Mother's Name: Emma Roberts

 

1940 United States Census, Montana Gallatin Election Precinct 2
Howard Moxley Same Place Male 46 Single White 1894 Montana Lodger A 6

 

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BioM: Duncan, Harriett Marion Prieur (1935)

 

Montana, County Marriages, 1865-1950

Groom: Howard Moxley, 41 yr. (1894), male
Marriage Date:  24 Jun 1935, Helena, Lewis and Clark, Montana
Father's Name: William Moxley
Mother's Name: Annie Gertrude Campbell
Bride: Marion Duncan, 43 yr. (1893) female
Spouse's Father's Name: Oscar Prieur
Spouse's Mother's Name: Emma Roberts

*************************************

Bio: Prieur, Oscar (Jan 1858 - ?)

 

1900, United States Census, Wisconsin Jackson ED 41 Albion town (excl. Black River Falls city)
Oscar Pryor 1900 Male 42 Divorced White Jan 1858 Canada French Canada French Canada French Head
George Pryor 1900 Male 12 Single White Jun 1888 Wisconsin Canada French Wisconsin Son
Herman Arndt 1900 Male 21 Single White Apr 1879 Maryland Germany Germany Boarder
Albert Balstad 1900 Male 37 Married White May 1863 Norway Norway Norway Boarder

 

*************************************

Bio: Prieur, George Eugene; (2 Jun 1888 - 1958)

 

Son of Oscar & Emma (Roberts) Prieur and brother of Marion: Prieur, George Eugene; b. 2 Jun 1888

 

WW I Draft Card
George Eugene Prieur Draft Registration 1917-1918 La Crosse, Wisconsin, United States Male 2 Jun 1888 Black River Falls, Wisconsin, United States United States

Medium height, slender build, Gray eyes, light hair/not bald, No disabilities
Wife & 6 Children
Race: French
Occupation: Machine Wood-worker for Segelke and Kohlhaus, LaCrosse, WI

 

Obit: Prieur, George Eugene; (2 Jun 1888 - 1958)

George E Prieur
Birth: 1888
Death: 1958 (aged 69–70)
Burial:  Onalaska City Cemetery, Onalaska, La Crosse County, Wisconsin, USA Show Map
Spouse: Mathilda Elizabeth (Betz)  Prieur (1891 - 1962)--Parents: Frederich Betz (1858–1927) & Louisa Spring (1863-1941)


Marriage: 16 Sep 1883
Shelby, Lacrosse, Wisconsin
Children: Arietta D Prieur (1910 -?); Lavonne R Prieur (1911); Cletus E Prieur (1912-2009); Delphine L. Johnson (1913-001); Westall B Prieur (1915-2010); Mona A Prieur (1916-2004); Robert Prieur (1921-?) Joyce Elizabeth Prieur Poelinger (1925-2015); Ramon F. Prieur (1927-2010)

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