Paternity John Kruesi

The paternity of Johann Heinrich Krüsi is not certain. The Krüsi family register (family register double no. 449) lists Sebastian Kästle from St. Margrethen as the father, but with the word “allegedly” added later.

Doubts and Speculations

A Sebastian Kästli from St. Margrethen lived in Wald AR at the time in question. He was married, and his wife gave birth to a child at around the same time as Juditha Krüsi gave birth to her Johann Heinrich. Kästli was a weaver.
The trail of possible paternity leads to Johannes Eugster zur Rose in Speicher. He was born in 1814, but died of typhoid fever on June 10, 1843, almost simultaneously with the birth of Johann Heinrich Krüsi (*May 15, 1843) and only two years after the death of his father, in whose business he was employed.
The Eugster zur Rose family were manufacturers. Johannes Eugster's father, Johann Konrad Eugster (1789–1841), was a member of the Speicher municipal council from 1823 to 1838.
It can be assumed that Sebastian Kästli was a supplier to Eugster. Juditha Krüsi lived in Heiden, which is why the marriage authorities in Heiden were responsible for the paternity suit. Juditha Krüsi's conviction for fornication and false paternity suit can only have taken place in June 1844 [clarification of the information in the above-mentioned family register], but as noted below, the relevant court files are missing or have been deliberately removed.

Assessment of files from the State Archives

Renate Bieg, deputy head of the AR State Archives, located the files relating to Juditha Krüsi's paternity suit against Johannes Eugster zur Rose and prepared the following brief summary for Peter Abegglen (wikispeicher):
Juditha Krüsi named Sebastian Kästli as the father at the birth of John Krüsi (Johann Heinrich Krüsi). However, since she and her mother sued him for paternity after the death of the manufacturer Eugster, zur Rose, in Speicher, the entry “alleged father” was made for Kästli in the family register (Speicher, family register Doppel, No. 449). He would take care to find a father, Eugster said, according to a statement by Juditha Krüsi's mother, Anna Barbara Krüsi-Kriemler. According to Juditha Krüsi's statement, she only had “contact” with Kästli after she discovered she was pregnant (StAAR, Ca.C12-36-05-03-14).

In 1847, she married Martin Tobler, but the marriage ended in divorce in 1850. In addition to one legitimate daughter, Juditha Krüsi had four illegitimate children: in 1843, 1849, 1851, and 1854 (see family sheet Martin Tobler, Teufen, Doppel, 1038). In 1855, she remarried and lived in Linsebühl, St. Gallen.

Files of the Ehegäumer (or Ehegaumer)

The government records mentioned above are the files of the Ehegäumer (or Ehegaumer) of Heiden. Ehegäumer or Ehegaumer were officials who served as a kind of morality police and were responsible for adjudicating offenses related to sexual misconduct, extramarital relationships, paternity suits, etc. Often, the local pastor, together with one or more members of the municipal council, performed this function. They reported to the relevant authorities (the interrogation office, the Department of Justice, and the government).
The files consist of a cover sheet for the two-page expert opinion addressed to the cantonal government and the four-page interrogation transcript.

Interrogation

recorded on December 14, 1843, with A. Barbara Kriemler of Speicher and her daughter Juditha Krüsi regarding paternity suit against Johannes Eugster zur Rose of Speicher, who died this summer [June 10, 1843] .

On December 13, the honorable Cantonal Interrogation Office, following higher instructions, sent a request to the local parish office to conduct an interrogation with mother and daughter Krüsi in relation to the above-mentioned paternity suit and to send the files immediately to a certain Mr. Landeshaupte.

On December 16, both were summoned and the mother was questioned first. She explaines the following:

On Sunday, December 3, her sister tould her that she had heard her daughter Juditha's child had a rich father and that Kästli was only a cover. Upon hearing this, she went home and confronted her daughter about it, asking her seriously who the child's father was. With tears in her eyes, she confessed that she had been involved with Johannes Eugster several times at the Rose in Speicher, several times in Speicher and several times in St. Gallen at his inn, and that he was probably the father of the child. She then told him that she was pregnant, but he told her that she should not have an abortion, that he would provide for a father, but that she should not talk about it anymore, and not come to St. Gallen or Speicher. She had to promise him with her mouth and her hand that she would not have an abortion, which is why she did not have one.

The daughter was summoned and asked

So Kästle is not the father of your child?	No
Then who is the father?	Johannes Eugster zur Rose in Speicher
Did you have illicit relations with him on multiple occasions?	Yes
How many times?	Eight times, three times at his house and five times in St. Gallen at his expense
When did you first have relations with him?	At the beginning of August 1842
When was the last time?	I believe it was last March [1843].
Since when have you known about the pregnancy?	Since I had relations with him for the third time.
When did you have relations with him for the third time?	On August 6, 1842, in St. Gallen, and then again the following week, on the 9th, at his house.
Did you tell him about the pregnancy right away?	Yes, and he told me that he would be the father and remain with me in time and eternity.
Did you have a promise of marriage?	No, because he shouldn't have married me.
Habt ihr Geschenke von ihm?	Yes, gold earrings and a thaler coin.
Otherwise, you have nothing, not even anything in writing? That he would be the father and provide for the child as its father?	No, nothing, I wanted it in writing, but he didn't want to give me anything.
Why didn't you mention this earlier?	Because he promised me with all his heart and soul and happiness, because of his family. He also told me that I should no longer talk about it in the house, otherwise his family might find out. When the child was a few weeks old, he wanted to visit me secretly. The child and I would not have to suffer any hardship. Then he went on a trip. When he returned from his trip, he was ill and then died, and so he could no longer come to me.
So can you say with a clear conscience	Yes, with complete conviction that he is the father? God is my witness.
Did you nevertheless have relations with Kästli	Yes, twice.
Did you have relations with Kästli before or after the pregnancy?	After I became pregnant by Mr. Eugster.
Did you have relations with anyone other than Eugster before the pregnancy?	No, with no one other than him.

She adds that Mr. Eugster always urged her to marry, that he wanted to give her a chest, a bed, a dresser, and the gold pocket watch as a marriage token; but she always told him that this was not possible because no one would take her with such a large stomach. Meanwhile, she had gone into labor, been ill for seven weeks, and only then realized that he had died.

Heiden, Dec. 14, 1843 Rev. Bärlocher

P.S. On December 19, Krüsi's mother appeared at the rectory once again. She wants it added to the files that Eugster said every time he was with her daughter that his fortune must belong to the child and remain hers.

Expert opinion

of Ehegaumer von Heiden regarding the parish interrogation records of December 14, 1843 in the matter of Juditha Krüsi de Johannes v. Speicher concerning Paternity suit against Mr. Johannes Eugster zur Rose, who died last summer in Speicher on the instructions of the titled gentlemen of the provincial government, given on January 15, 1844

Considering that Juditha Krüsi persists in her accusation against Mr. Eugster despite the initial representations made to her by the local parish office during the hearing of the case that, according to the files, the birth of the child corresponds exactly with the date of conception that Kästli, who had already presented himself as the father of the child, did not want to hear anything about the paternity suit brought against him before the local marriage registrar, but only acknowledged it during the special investigation [by the cantonal interrogation office]; that cases such as the one in the files are not outside the realm of possibility, but rather within it; and finally that, in consideration of the innocent child, according to the “law of inheritance of illegitimate children,” it cannot be equally valid whether Kästli or Eugster is the father of the child.

The opinion of the Ehegaumer is unanimous:

The paternity suit filed by Juditha Krüsi against Mr. Eugster is to be referred to the cantonal court for special investigation.

Heiden, January 15, 1844

On behalf of the spouses, The President

Rev. Bärlocher

Accompanying letter to the expert opinion

Heiden, Jan. 16, 1844

Dear Mr. Landammann,

Following instructions received on Jan. 10, I am sending you herewith the interrogation records dated Dec. 16, 1843 and hereby enclosed with this letter concerning the paternity suit brought by Judith Krüsi v. Speicher against the late Johannes Eugster zur Rose in Speicher, the expert opinion of Ehegaumer.

With respect and devotion

Rev. Bärlocher

Conclusion

Sebastian Kästli, the alleged father, stated in a separate proceeding—in accordance with point 3) of the expert opinion—that he was the father. When the Ehegäumer subsequently confronted him with a paternity suit, he denied paternity; however, before the examining judge, he again stated that he was the father. This unsettled the Ehegäumer. Although the Ehegäumer admitted to having doubts about Kästli’s paternity, the court sentenced Juditha to 20 strokes of the cane and 4 months in prison for “fornication, a false paternity suit, defamatory statements, and false accusations against the investigating authorities.” It remains unclear whether influential members of the Eugster family influenced the verdict in their favor, as the relevant court records, of all things, cannot be located. The fact that Juditha Krüsi led a very erratic lifestyle can be inferred from the few known details about her.