Harms v. United States, 7943.

• Decision Date: 20 November 1959
• Docket Number: No. 7943.,7943.
• Citation: 272 F.2d 478
• Parties: Catherine Louise HARMS and Ruth Twisdale Cousins, Appellants, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

272 F.2d 478 (1959)

Catherine Louise HARMS and Ruth Twisdale Cousins, Appellants, v. UNITED STATES of America, Appellee.

No. 7943.

United States Court of Appeals Fourth Circuit.

Argued October 7, 1959.

Decided November 20, 1959.

Robert G. Doumar and Frederick T. Stant, Norfolk, Va., for appellants.

John M. Hollis, U. S. Atty., Norfolk, Va., for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and FIELD, District Judge.

FIELD, District Judge.

Appellants, Harms and Cousins, who are sisters, along with one, Connie Jean Day, were named as defendants in a five count indictment charging violations of the White Slave Traffic Act. Harms was charged in each of the first four counts with substantive offenses, the first count charging her with violation of 18 U.S.C. § 2423, involving a minor female, Sandra Lee Ulrich. The second count charged her with a violation of 18 U.S.C. § 2422, alleging the inducement of Josephine Bruno. The third and fourth counts charged similar violations of 18 U.S.C. § 2422, involving Linda Fay Ponder and a woman named therein as Ann Miller, respectively.

The fifth count which named Cousins and Day, along with Harms, as defendants, charged a conspiracy under 18 U.S. C. § 371 to commit offenses in violation of the sections above referred to covering the period from November, 1955, to the date of the indictment.

At the trial, the Court acquitted the defendant Harms on the first count of the indictment upon the motion of the Government. At the conclusion of the Government's evidence, the Court granted defendant's motion for judgment of acquittal as to the fourth count as well as the motion for acquittal of the third defendant, Connie Jean Day, on the fifth count.

The jury returned a verdict of guilty on the second, third and fifth counts as to the defendant, Harms, and a verdict of guilty on the fifth count as to the defendant, Cousins. The Court denied appellant's motion to set aside the verdict and entered judgment of conviction of both defendants from which they have appealed.

With reference to the conviction of the appellant Harms on the second count, it is contended that there was not sufficient evidence to show that Harms knowingly exercised the requisite persuasion or inducement of Bruno to travel in interstate commerce. It is further contended that it was essential that the Government show that Harms either directed or knew that the victim, Bruno, would travel by common carrier. The evidence indicated that Bruno and Harms had become acquainted in 1955 and from that time up until January, 1957, Bruno had worked as a prostitute for Harms in Norfolk on several occasions. In November, 1956, Bruno left Norfolk to return to New Jersey with the understanding that she might return to Norfolk to resume her work there in January. On January 2 or 3, 1957, Harms made a telephone call to Bruno in Atlantic City, New Jersey, asking her to return to Norfolk and it was agreed that Bruno would come to Norfolk on January 7, 1957. On that date, Bruno traveled to Norfolk by interstate air line carrier, and, after her arrival, engaged in acts of prostitution in establishments maintained by Harms.

Under this evidence, we feel that the conviction of Harms on the second count unquestionably should be affirmed. The evidence set out above of the telephone invitation from Harms to Bruno and her response in making the interstate trip was sufficient to sustain the jury's finding that Harms effectually induced or persuaded Bruno to make the trip. McGuire v. United States, 8 Cir., 152 F.2d 577; La Page v. United States, 8 Cir., 146 F.2d 536, 156 A.L.R. 965. The fact that Bruno had previously expressed the desire to return to Norfolk or that she paid her own fare, is immaterial in view of the other evidence and the jury's finding thereon. United States v. Reed, 2 Cir., 96 F.2d 785.

Nor do we feel that it was essential that the Government show that Harms directed or knew that Bruno would travel by interstate carrier. Having shown the knowing inducement or persuasion of Bruno to come from New Jersey to Virginia and the fact of the resultant trip by interstate carrier, the Government had covered the essential elements necessary to justify a conviction under Section 2422. It was not necessary for the Government to go further and attempt to show that Harms knowingly caused the victim to travel by common carrier either by direction or knowledge that the victim, Bruno, would use that mode of transportation. "Cause" is a word of very broad import and its meaning is generally known. See United States v. Kenofskey, 243 U.S. 440, 37 S.Ct. 438, 61 L.Ed. 836. The knowing persuasion to make the interstate trip, of course, must be shown with some degree of particularity, but once the knowing persuasion has been shown, if the trip by interstate carrier follows, the offense is complete. In considering the comparable statute (18 U.S.C. § 399) prior to the revision of the Criminal Code in the case of United States v. Saledonis, 2 Cir., 93 F.2d 302, 304, the Court stated:

"It is also suggested that there must be some direct act showing an intent on the part of the inducer that the transportation shall be by common carrier. This section does not say so, but plainly says that one who induces and who shall `thereby knowingly cause\' interstate commerce by common carrier is guilty of the offense if such transportation follows: An affirmative directive act is not involved. The inducement in and of itself, without consideration of intent and with no further direct act, is the moving cause of what follows. The inducement may be any offer sufficient to cause the woman to respond. The inducement sets in motion the successive acts that constitute the crime. It is unnecessary to show control of the medium of transportation by the inducer. It is sufficient if the accused knows or should have known that interstate transportation by common carrier would reasonably result and if it does."

We agree with the above language to the effect that the requisite inducement is any offer sufficient to cause the woman to respond, and that since the appellant knowingly induced or persuaded Bruno to make the trip then she "knowingly caused" Bruno to travel by interstate carrier within the meaning of the statute.

The evidence with respect to the third count involving Linda Fay Ponder presents a different situation. As to this count the evidence shows that sometime prior to January 21, 1957, Ponder made a call from Detroit, Michigan, to Harms in Norfolk, asking Harms if she could come to Norfolk to work for her as a prostitute. After questioning her in regard to her age and appearance, Harms agreed that she would have a place for Ponder. Ponder later called Harms again, asking if Ann Miller could come with her, to which Harms agreed. Both Ponder and Miller traveled to Norfolk by interstate air line carrier on January 21, 1957. Upon their arrival at the Norfolk Airport, Ponder called Harms and pursuant to that call a meeting place was arranged and thereafter both Ponder and Miller engaged in acts of prostitution in Harms' establishment.

The evidence indicated that Harms knew neither of these women prior to the time of their arrival in Norfolk. The evidence also shows that both telephone calls were initiated by Ponder and that it was her suggestion that both she and Miller come to work for Harms. The evidence fails to show that Harms knew that Ponder was making the call from any point outside of the State of Virginia. While we do not know that Harms would have been deterred or acted otherwise than she did had she known that Ponder and Miller were calling from Detroit, nevertheless we feel that the absence of evidence of such knowledge on the part of Harms has an important bearing on the validity of the conviction on this third count. The constitutionality of...