231 F. 106 (8th Cir. 1916), 4419, Hays v. United States

Docket Nº:4419.
Citation:231 F. 106
Party Name:HAYS v. UNITED STATES.
Case Date:January 26, 1916
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 106

231 F. 106 (8th Cir. 1916)

HAYS

v.

UNITED STATES.

No. 4419.

United States Court of Appeals, Eighth Circuit.

January 26, 1916

Harry O. Glasser, of Enid, Okl., for plaintiff in error.

Isaac D. Taylor, Asst. U.S. Atty., of Guthrie, Okl. (John A. Fain, U.S. Atty., of Lawton, Okl., and W. B. Herod, Asst. U.S. Atty., of Guthrie, Okl., on the brief), for the United States.

Before CARLAND, Circuit Judge, and AMIDON and VAN VALKENBURGH, District Judges.

Page 107

AMIDON, District Judge.

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 early 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 of 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 willing to supply her with a ticket, and directed her to call for it at the Santa Fe office, and come on a certain train. A telegram was also sent by Lessie Jones to the girl, as follows: 'Go to Santa Fe for ticket. Come on seven-twenty sure. ' The ticket was paid for by Lessie Jones at the Santa Fe 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 Fe 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 Fe Station when the girl arrived. They kept a...

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