Putman v. State

• Decision Date: 07 June 1913
• Citation: 132 P. 916,9 Okla.Crim. 535,1913 OK CR 139
• Parties: PUTMAN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

132 P. 916

9 Okla.Crim. 535, 1913 OK CR 139

PUTMAN v. STATE.

Court of Criminal Appeals of Oklahoma

June 7, 1913

Syllabus by the Court.

In prosecutions for keeping a house of ill fame, it is competent to introduce evidence of the general reputation of the house in the neighborhood in which it is situated as to its being a place where lewd and lascivious persons of both sexes congregate for the purpose of unlawful cohabitation or sexual intercourse. But such evidence alone will not support a verdict. It must be corroborated by some other fact or circumstance tending to prove the character of the house.

For testimony which supports a verdict of guilty of keeping a house to which lewd and lascivious persons of both sexes congregate for the purpose of unlawful cohabitation, see opinion.

Additional Syllabus by Editorial Staff.

The terms "bawdyhouse" and "disorderly house" are used interchangeably and mean the same thing.

Appeal from County Court, Garfield County; Winfield Scott, Judge.

Mrs. B Putman was convicted of maintaining a bawdyhouse, and she appeals. Affirmed.

Evidence held sufficient to support a conviction.

John F Burford testified for the state that he, in company with H. L. Reynolds, visited the house kept by appellant in the city of Enid on the 2d day of July, 1911, about a quarter after 9 o'clock at night. Witness then testified as follows: "A. Well, we walked up the stairway into this building and at the head of the stairs this lady came and met us. She met us at the head of the stairs. I asked her if she was the proprietor, and she said, 'Yes.' I asked her if she knew of any rooming house for sale, and she said 'Yes,' and mentioned among them the Grand avenue and one right next to the post office. I believe that I will have to look at my notes in order to remember the name of it; anyhow, she mentioned the two, and then I asked her as to her house, if she would like to sell it, and she said, 'No'; and I asked her if she was doing well with it, and she said, 'Yes.' I asked her, 'How do you manage to make it pay? Do you keep any girls?' She said, 'Yes.' She pointed back to the front end of the hallway and invited us to go back. I says, 'They seem to have company; I see a gentleman back there, a man or somebody.' She said, 'That's all right; that doesn't make any difference; go back.' I walked back and had a seat, and so did Mr. Reynolds, and this gentleman that was sitting there got up and went into the room just across the way, on the southeast corner; it was the same room I had seen this woman go into. Q. What woman are you speaking about? A. I mean the one here. We sat and talked for some little bit. There was a small girl that I was talking to, and the girl that Mr. Reynolds was talking to was rather small. While we were talking, I overheard the girl that was talking to Mr. Reynolds insisting on him going to the room with her and heard him ask her how much she wanted to charge him, and she said, '$3,' and they were jollying about the price; that is about all I heard of their conversation. Q. Well, what happened to them? A. Well, after a little they got up and left and went into the second room from the front on the north side, near the head of the stairway. Q. With reference to the room on the southeast side in which Mrs. Putman entered how far was this room in which they entered? A. Well, it was diagonally across the hall from where Mr. Reynolds and this girl entered and was facing in the direction of that, and I should judge about-- I should judge, going diagonally, it must have been pretty nearly the width of two ordinary rooms or something like that, I would judge. Q. What was the condition of her door with reference as to whether or not it was open at this time? A. I noticed-- By Mr. Glasser: If the court please, the defendant objects to that question for the reason that it is a trifle leading and suggestive, incompetent, irrelevant, and immaterial. By the Court: The question is leading. Q. What was the condition of that door? By Mr. Glasser: If the court please, I object to the form of the question, unless he states the condition with reference to what. Q. What was the condition of that door with reference to whether or not it was open or shut? By Mr. Glasser: The defendant objects to the question put in that form for the reason it is leading. By the Court: The objection is overruled. By Mr. Glasser: To which ruling defendant excepts. Q. State, if you know? A. The door was standing open every time I saw it, but at the time he went in there I wasn't sitting where I could see. Q. All right. Go ahead and tell what next happened. A. They stayed in the room, I suppose, for 20 or 30 minutes and came out, and Mr. Reynolds came back and sat down, and the girl came out directly with either a slop bucket, or something with water in it, or something like that. During the time they were away, this little girl insisted on my going to room with her. Before they came back, the little girl went back up the hallway, and there was a girl and a man that entered the northeast room; that door was open all the while I was there. Q. Do you remember in what position they were when you saw them? A. I wouldn't say that the man was sitting down or standing up. I rather think that he was standing up dressing and in his shirt sleeves; anyhow, he passed out of the room and I wouldn't say where he went; anyhow, this little girl walked down the hallway while Mr. Reynolds was in the room with the other girl, and she said to me, 'Why don't you go on and spend some money with the little girl?' I says, 'Well, I am not feeling very well this evening,' or something like that; I don't know just what it was that I said. Now, I believe that that is about all that I do know about it. Q. Did you see that girl again who was in company with a strange man who was dressing and who departed? Did you see her later, after he departed? A. After the man departed? Q. Yes, after he left. A. Well, that is when I was sitting there talking to her and while the little girl was gone, she asked me why I didn't take the girl and spend some money with her; it was this little girl; she was sitting in a chair, as I remember, just inside the door; the woman was sitting, and I think the man was standing when we came up. Q. Where did she go? Where did the girl go? A. The little girl-- I don't know other than she went-- Let me see. I was trying to get at the direction. Q. Do you know where she went? A. Yes, sir; I do. Q. Where did she go? A. She went west; she went in the opposite direction from the front, down the hallway; I don't know where she went. Q. Was she the girl who was in the room with the strange man? A. The little girl was not; this larger girl was; the one that I talked to while the little girl was gone was the girl with the man; she was sitting inside the door, and when the man left, and this little girl walked up the hallway, she talked to me. Q. What did she say to you? A. She said to me, among other things, 'Why don't you take the little girl and spend some money? Q. Who said that? A. This big girl that was in this room with this man. Q. Who had left? A. Yes, sir. By Mr. Glasser: I think that this examination is as leading as it can be; this witness can tell what is necessary. By the Court: Tell what happened there and relate the conversation as near as you can. A. In our conversation, she remarked she was from Oklahoma City. Q. Did you have any further conversation? A. Yes, sir; we did. Q. Can you remember what it was? A. I can; yes, sir. Q. What was that conversation? A. I says, 'Well, how do you find business up here to, or how is business here compared to what it is in Oklahoma City? Are you making much money up here?' She says, 'I made something over $60 this past month.' Q. This happened in what county? A. It happened in Garfield county. Q. In what state did it happen? A. It happened in the state of Oklahoma. Q. Do you remember the date? A. I do remember it, yes. Q. What was the date? A. It was on the 2d day of July. Q. Of what year was it? A. Of the year of 1911. Q. About what time that day was it? A. It was about 9:15 o'clock in the afternoon."

H. L Reynolds testified for the state as follows: "A. Mr. Burford and I went up the stairs which went through the center of the house, and at the head of the stairs we met the defendant, and Mr. Burford engaged her in conversation. I heard Mr. Burford ask her if she knew of any rooming houses for sale, and she answered that there were one or two, she thought; she named several, I think. Q. Do you remember what next was said? A. Yes, I remember about all the conversation that took place at that time. Q. What was the next thing that was said? A. He asked her if her rooming house was for sale. Q. Did she reply to that? A. She did. Q. What did she say in reply to that? A. She said, 'No'; that she was doing a pretty good business. Q. What was the next that was said between them A. Mr. Burford asked her if she depended upon her rooms for keeping up her house, or whether she kept some girls; she said, 'Yes'; she had three girls, and she asked us if we wouldn't go back and talk with them. We went to the front of the building, and Mr. Burford, I think, was in the lead; there were two girls sitting there, and another man and the man and Mrs. Putman went into the room to the south of the front there and left Mr. Burford and I there with these two girls. In a few minutes another girl came out from the north room in front and sat down, and there were the three of us there and Mr. Burford, and I was talking to one girl there and Mr. Burford was talking to the other two; I don't know just what his conversation was with them; I was pretty busy myself, but some time during my conversation with the girl that I was talking to we...