Broadbent v. United States, 3087.

• Decision Date: 09 May 1945
• Docket Number: No. 3087.,3087.
• Citation: 149 F.2d 580
• Parties: BROADBENT v. UNITED STATES
• Court: U.S. Court of Appeals — Tenth Circuit

149 F.2d 580 (1945)

BROADBENT v. UNITED STATES

No. 3087.

Circuit Court of Appeals, Tenth Circuit.

May 9, 1945.

Claude T. Barnes, of Salt Lake City, Utah, for appellant.

John S. Boyden, Asst. U. S. Atty. of Salt Lake City, Utah (Dan B. Shields, U. S. Atty., and Scott M. Matheson, Asst. U. S. Atty., both of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Appellant, Rula K. Broadbent, was indicted, tried and convicted in the United States District Court for the District of Utah, for corruptly endeavoring to influence a witness in the United States District Court and corruptly endeavoring to obstruct and impede the administration of justice therein, in violation of Section 135 of the Criminal Code, 18 U.S.C.A. § 241. She appeals from the conviction and sentence of thirty days, contending that the evidence is insufficient to support the verdict of the jury.

In support of the allegations in the indictment, the Government offered the testimony of various witnesses, which established the following facts: In March, 1944, a criminal indictment was returned against Follis Gardner Petty in the United States District Court of Utah, charging transportation of Mary Marguerite Ford in interstate commerce for immoral purposes, and on the 13th day of March, Mary Marguerite Ford was subpoenaed to appear as a witness for the Government. After the return of the indictment and the issuance of the subpoena, appellant, who had known the witness for a number of years, called at her home, stating that she came in behalf of Petty and he had sent $100 for the witness and her children; that he wanted to furnish her a home and $100 per month if the witness would "be on their side". She inquired if the witness had been subpoenaed and asked her to see Petty's attorneys as they were anxious to ascertain just what her testimony would be. She further stated that Petty had letters in his possession which if given publicity would be embarrassing to the witness. When on the next day appellant returned to the home of the witness she was informed that the witness had been subpoenaed, and she again stated what Petty would do for the witness and her children if she would "testify right" or "wouldn't testify for the Government". She again mentioned the letters in Petty's possession and stated that if the witness testified "her name would be smeared all over the papers". She advised the witness that when testifying "take your time and be careful what you say. Remember what it means to us and to the principles. If you don't want to answer, say you don't know. Be easy on us. Don't tell all the truth, and be sure to keep my name absolutely out of this; I don't want to be called as a witness because I don't intend to listen to any of the trial". Just before leaving she cautioned the witness by stating "don't let them know that I brought you the money or they would consider it a bribe and bring my name into it. I didn't know what the circumstances were when I brought the $100.00 to you, so protect me is all I ask. Don't forget what I told you".

Appellant, testifying in traversal of the Government's evidence, admitted that she was taken to the home of the witness by Petty for the purpose of delivering the $100 and that she told the witness Petty wanted her to see his attorneys, but contended that she went as an old friend in an attempt to aid and assist the witness, and not to influence her testimony. She further admitted telling the witness about the letters Petty claimed to have in his possession, and having advised the witness that when testifying "she didn't need to say anything if she didn't want to; sh...