231 F. 106 | 8th Cir. | 1916
Plaintiff in error, Hays, was jointly indicted with one Lessie Jones, for violating the White Slave Traffic Act. The indictment contained two counts. The first charges the furnishing of transportation to a 17 year old girl to make a journey from Oklahoma City, Okl., to Wichita, Kan., for the purpose of illicit sexual relations with Hays. The second charges the persuading, inducing, and enticing of the girl to make the same journey for the same purpose. The defendants were convicted upon both counts. Hays alone brings error.
Lessie Jones is a mature woman and a confirmed prostitute. She and the girl in question were living together at the Regal Hotel in Oklahoma City, leading an illicit life. Miller, a business associate of Hays, was a “friend” of Lessie Jones, and had been visiting the hotel for two or three days in the eai'ly part of March, 1914. He stated to the girl that he had a friend whom he would like to have her meet. On Sunday Mr. Hays called at the hotel, and Miller introduced him to the girl. At this meeting it was proposed that the defendant Jones and the girl should come to Wichita, where Miller and Hays resided, the men to pay the expense of the journey, and to support the women, in consideration df illicit sexual life. The girl at first declined, but was finally persuaded to go. The men returned to Wichita, and a day or two later were followed by Lessie Jones, who promised the girl that she would get money from Hays to pay the expense of her coming. A few days thereafter she called the girl up on the long-distance phone, and stated that Hays refused to send her money, but was walling to supply her with a ticket, and directed her to call for it at the Santa Fé office, and come on a certain train. A telegram was also sent by Lessie Jones to the girl, as follows: “Go to Santa Fé for iicket. Come on seven-twenty sure.” The ticket was paid for by Lessie Jones at the Santa Fé office in Wichita. The agent there wired the agent at Oklahoma City to furnish the girl, giving her name, the ticket. The girl, acting upon the telegraph and telephone messages, called at the Santa Fé office, received and receipted for the ticket, and traveled upon it to Wichita. All this documentary evidence from the railroad, telegraph, and telephone offices was introduced at the trial in support of the oral testimony. At Wichita Hays and Miller were waiting in the Santa Fé Station when the girl arrived. They kept a little in the background. Lessie Jones was also there, and met the girl, and took her to a restaurant for supper. She then conducted her to a hotel, where two rooms had been engaged previously. There they found Hays and Miller awaiting them. Hays occupied one room with the girl, and Miller the other with the defendant Jones. The next morning it was arranged between the four that the women should either engage a house or other rooms during the day, and that all four should meet at the post office at 6 o’clock in the evening, where the women were to notify the men of the location of the quarters selected. Rooms - were engaged at a rooming house. The girl registered herself and Hays under the name of Mr, and Mrs. O. C. Russell, Kansas City. The defendant Jones registered herself and Miller under the name of Mr. Miller and wife, Kansas City. At 6 o’clock the women went to
The only evidence that Hays paid for the ticket upon which the girl rode was the testimony of the girl as to the original agreement made at the Regal Hotel, and her statement as to the declarations of defendant Jones, in the conversation over the long-distance phone, that Hays furnished the money for the ticket. So far as there was direct evidence on the subject, the money was actually paid to the Santa Fé agent at Wichita, by the defendant Jonfes, and she carried on the communications with the girl which resulted in her making the trip to Wichita. The only other evidence on the subject is the illicit life of Hays with the girl which is so clearly established as not to be controverted in the argument in this court. • No evidence was introduced by the defendants.
“The defendant requests the court to instruct the jury that the girl, under the facts and circumstances, is an accomplice, and that it is a rulo of law that before the jury can take the testimony of an accomplice, it must be corroborated by other testimony of other witnesses, or by facts and circumstances which will convince the jury beyond a reasonable doubt.”
To that request the court responded as follows:
“That instruction is refused, I think it is entirely proper, however, for the court to say to the jury where a witness goes on the stand who is implicated in an Improper transaction, and admits it, that that fact ought to he taken into consideration in passing on her testimony, and the jury should carefully scrutinize it with that in view, and give due consideration and weight to that occurrence in. the evidence.”
An exception was saved to this action of the court, and is now assigned as error.
The judgment is affirmed.
18 Sup. Ct. 602, 42 L. Ed. 1011.