Corbett v. United States

• Decision Date: 26 May 1924
• Docket Number: 4152.
• Citation: 299 F. 27
• Parties: CORBETT et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

299 F. 27

CORBETT et al. v. UNITED STATES.

No. 4152.

United States Court of Appeals, Ninth Circuit.

May 26, 1924

Corbett plaintiff in error, was convicted under two counts of an indictment (No. 954) charging in count 1 the transportation of Nora E. Bishop, alias Ellen Stone, in interstate commerce from Spokane, Wash., to Boise, Idaho, with the intent and purpose to induce, entice, and compel her to engage in illicit relations with him, and in count 2 with having pursuaded, induced, and enticed Nora E. Bishop, alias Ellen Stone, to go from Spokane to Boise for the immoral purposes charged in the first count of the indictment. Act June 25 1910 (Comp. St. Sec. 8813 et seq.' Under another indictment (No. 995), tried with No. 954, Corbett and Mrs Bishop, alias Stone, were convicted of conspiracy to effect the transportation charged in the first count of indictment No. 954. Defendants sued out writs of error. The facts are as follows:

At Boise, Idaho, Corbett interested himself in behalf of Nora E Bishop (a married woman with a husband and children at Spokane, Wash.), who was tried and acquitted of a charge of embezzlement. On the night of her acquittal in October, 1922, Corbett took her to a hotel in Boise, where she was assigned to room 39, and later, at the request of Corbett, she was moved to room 33, which was just across a narrow hallway from room 32, which latter room was occupied by Corbett. Corbett and Mrs. Bishop continued to occupy rooms 32 and 33, respectively, until about November 1st, when at their request they were transferred to rooms 27 and 65, which were adjoining rooms, with a communicating door between. Shortly thereafter they again asked to be changed to rooms 36 and 37, a housekeeping suite, 36 being a bedroom and 37 a kitchen. Corbett asked the landlady to put a cot for his use in the kitchen of the suite. The door between the rooms could be locked from either side. Corbett and Mrs. Bishop occupied these rooms until about the middle of December, when, upon telegraphic advice, Mrs. Bishop left Boise for Spokane to take care of some of her children, who were sick. Corbett loaned her the money to go to Spokane. After an absence of about a month, during which time Corbett sent her some money, Mrs. Bishop, under the alias of Ellen Stone, telegraphed to Corbett at Boise, and on the following day Corbett telegraphed to her as Ellen Stone, advising her that he was sending money to come home on, and to wire when she started. She answered, advising Corbett that she was coming as soon as she was able, and asked him whether he thought it best for her to bring her child, Paul, with her. Corbett replied that he did not think it well to bring the child at that time, adding, 'Come as soon as you can. ' Next day she telegraphed to Corbett, 'Will come at once.' With money sent to her by Corbett she bought a ticket from Spokane, Wash., to Weiser, Idaho, and on January 19, 1923, she telegraphed to Corbett from Umatilla, Or, to wire her a ticket to Weiser, or to meet her there. Corbett then bought a railroad ticket from Weiser to Boise, and sent it to her at Weiser, and she used it in completing her journey from Weiser to Boise, Idaho.

Corbett met her at Boise and they went together to the hotel, where she went directly to room 36, which room she had occupied before going to Spokane. Corbett went to the room with her made coffee for her in his room (37), and Mrs. Bishop and the child she brought with her had lunch in his room. That night they were arrested on a charge of violating the White Slave Traffic Act. The deputy marshal knocked at the door of room 36. Mrs. Bishop opened the door and told the marshal that Corbett was in room 37. After a short time Corbett unlocked the door of 37, but as there was a commode close to the door it was necessary for Corbett to move it before he could go out into the hall. The landlady testified that, when rooms 36 and 37 were used by independent occupants, the commode usually stood in front of the communicating door between the two rooms, and that if it were moved toward the door leading from room 37 into the hall, so as to permit passage from room 37 into 36 through the communicating door, the commode would prevent the opening of the door from room 37 into the hall. Other circumstances testified to were that the communicating door was found fastened, but that Mrs. Bishop admitted to the marshal that she had slipped the latch into place while his back...