Hart v. United States
| Decision Date | 08 March 1926 |
| Docket Number | No. 4714.,4714. |
| Citation | 11 F.2d 499 |
| Parties | HART v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Martin L. Pipes, Collier, Collier & Bernard, and P. J. Gallagher, all of Portland, Or., for plaintiff in error.
George Neuner, U. S. Atty., and J. O. Stearns, Jr., Asst. U. S. Atty., both of Portland, Or.
Before GILBERT, HUNT, and RUDKIN, Circuit Judges.
Writ of error to review the conviction of Hart under five counts of an indictment charging violation of the White Slave Traffic Act, approved June 25, 1910 (Comp. St. §§ 8812-8819).
The counts, respectively, charged (1) that about June 10, 1922, Hart transported Bertha Keller from Portland, Or., to San Francisco, Cal., for the purpose of debauchery and other immoral purposes; (2) that about June 30, 1922, Hart procured and obtained, or aided in procuring and obtaining, a certain railroad ticket upon which Bertha Keller traveled from San Francisco to Portland for the purpose of debauchery and other immoral purposes; (3) that about June 30, 1922, Hart persuaded and enticed, and caused to be persuaded and enticed, and aided in inducing and enticing and coercing Bertha Keller to go from San Francisco to Portland for the purpose of debauchery and other immoral purposes; (4) that about November 20, 1923, Hart transported and caused to be transported, and aided and assisted in obtaining transportation for and in transporting in foreign commerce from Vancouver, B. C., to Portland, Or., Bertha Keller for the purpose of debauchery and for other immoral purposes; (5) that about the 15th of June, 1924, Hart transported and caused to be transported, and aided in obtaining transportation for and in transporting in foreign commerce, from Vancouver, B. C., to Portland, Or., Bertha Keller for the purpose of debauchery and for other immoral purposes.
The statute (section 2) under which counts 1 and 2 were drawn, is as follows: "Any person who shall knowingly transport or cause to be transported, or aids or assists in obtaining transportation for, or in transporting, in interstate or foreign commerce * * * any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose; or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or who shall knowingly procure or obtain, or cause to be procured or obtained, or aid or assist in procuring or obtaining, any ticket or tickets * * * to be used by any woman or girl in interstate or foreign commerce * * * in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose; or with the intent or purpose on the part of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practice, whereby any such woman or girl shall be transported in interstate or foreign commerce, * * * shall be deemed guilty of a felony. * * *" 36 Stat. 826.
Count 3 was drawn under section 3 of the statute, which provides that any person who shall knowingly persuade, entice or induce, or coerce any woman or girl to go from one place to another in interstate or foreign commerce for the purpose of prostitution or debauchery or for any other immoral purpose, or with the intent or purpose on the part of such person that such woman or girl shall engage in the practice of prostitution or debauchery or other immoral practice, whether with or without her consent, and who shall thereby knowingly cause or assist in causing such woman or girl to be carried or transported as a passenger upon the route of a common carrier in interstate or foreign commerce, shall be deemed guilty of a felony. Count 4 is drawn under the same provision of the statute as count 1, except that the charge is that the transportation was in foreign instead of interstate commerce. Count 5 is identical with count 4, except as to the time when the trip described in count four was taken. Section 5 of the act provides that any violation of sections 2, 3, and 4 shall be prosecuted in any court having jurisdiction of crimes within the district within which such violation was committed, or from, through, or into which any such woman or girl may have been transported as a passenger in interstate or foreign commerce, contrary to the provisions of any of said sections. 36 Stat. 826.
It is said that the court erred in overruling a motion to instruct the jury to return a verdict of not guilty as to count 1, for the reason that there was not sufficient evidence that the purpose of Hart in transporting the girl from Portland to San Francisco was for debauchery or other immoral purposes. The evidence of the prosecution discloses these facts:
In February, 1922, Hart, a married man and a practicing physician in Portland, professionally attended Bertha Keller, then 18 years old. There soon developed a friendly relationship between them, and they went riding together on several occasions. Some months prior to June, 1922, Hart took the girl in his automobile to the outskirts of Portland and there criminally assaulted her, telling her that he was married, but that he was in love with her, and would get a divorce and marry her. Thereafter, from time to time, the illicit relations continued, and in June, 1922, the girl and her sister, who were thinking of going to California, accepted Hart's invitation to go with him. He told them it would not cost them any money. At Hart's request, before leaving Portland, each of the girls signed an affidavit stating that she was desirous of taking a trip to California, and had sufficient means to pay her own expenses, and intended to pay them. The party of three left Portland in Hart's automobile, and drove from Portland to Ashland, Or., where, by Hart's direction, and with money furnished by him, Bertha's sister purchased railroad tickets for herself and Bertha from Ashland, Or., to Hornbrook, Cal., a station just south of the state line between Oregon and California. Before the girls left Hart's car at Ashland, he told them to take all of their belongings. They did so, and took the train for Hornbrook. Hart drove in his automobile, and at Hornbrook met the girls, and the three resumed the journey to San Francisco in Hart's car. After leaving Hornbrook, and during the trip down, Hart continued to have illicit relations with Bertha.
Considering the series of acts and circumstances, there was ample ground for the conclusion that before the journey commenced Hart...
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