Talbot v. United States

• Decision Date: 06 December 1922
• Docket Number: 3103.
• Parties: TALBOT v. UNITED STATES. [1]
• Court: U.S. Court of Appeals — Seventh Circuit

286 F. 21

TALBOT v. UNITED STATES. ^[1]

No. 3103.

United States Court of Appeals, Seventh Circuit.

December 6, 1922

Rehearing Denied January 23, 1923.

C. C Shirley, of Indianapolis, Ind., for plaintiff in error.

Frederick Van Nuys, of Indianapolis, Ind., for the United States.

Before BAKER, EVANS, and PAGE, Circuit Judges.

PAGE Circuit Judge.

This appeal is to reverse a judgment on a general verdict of conviction, under the first three and the fifth counts of an indictment, one of which counts charges that defendant did knowingly persuade, induce, and entice Pearl Bagley to travel in interstate commerce for the purpose of debauchery.

It is urged that the record shows no evidence that, at the time of the transportation, there was an intent or purpose to induce Pearl Bagley to travel from Kansas to Indiana for the unlawful purpose charged. The case was before the jury on controverted questions of fact, and if the record contains evidence from which the intent could have been fairly and reasonably found by the jury, the judgment must be affirmed. Applebaum v. U.S. (C.C.A.) 274 F. 43.

Defendant Talbot was Supreme President of the fraternal Order of Owls. Though having a home in South Bend, and a wife who, he wrote Pearl Bagley, was healthy, a woman of remarkable mentality and charming personal appearance, he seems not to have lived with this remarkable and charming wife much, if at all, but took into his house and lived with one Pearl Spangler, who says that their relations had continued for 15 years. Both Talbot and the woman were so brazen about it that they published his house address and telephone number as her house address and telephone. He also lived some of the time on a farm near Niles, Mich., with one Helen Bartlett, who was neither a relative nor a servant. This uncontradicted state of the record shows that, when Talbot concluded his letter of September 4, 1920, to the father of Pearl Bagley, with the inquiry, 'By the way, how is Miss Bagley?' he was grossly immoral and unrestrained by any law in his relations with women.

Miss Bagley, to Talbot's inquiry made of her father, on September 8, 1920, replied personally, in a free, gossipy and personal vein. She confessed:

'I am still sentimental over the O. of O. pillow, that you will probably remember having sent me just after your return to South Bend.'

She also inquired about his wife and son. That letter seems to have suggested some sort of possibilities to Talbot, because on the very day it was received, September 10th, he wrote to 'Dear Miss Bagley,' expressed pleasure that she still cherished his former present, and made that a justification for sending her another present, and asked:

'Can't you spend your vacation here this time? I will take care of the hotel and other expenses, and I believe you will enjoy it. * * * You have never been in this vicinity. I will turn over to you one of most charming of office assistants to look after you, and we will certainly give you a good time. * * * Can't you do it?'

The only thing suggested in connection with business was:

'You can take back to your father some information concerning the Order of Owls that will start him making money.'

But the letter from Talbot was personal, the expenses were to be paid by him, and the 'charming' attendant was to be given by him. In the letter he confidentially informed her of the 20-year estrangement between him and his wife, discussed his son in a very personal way at some length, and wound up,

'Keep me in mind, and send me something from time to time. I am putting you on the subscription list of the Owl permanently.

'Sincerely,

John W. Talbot.'

With that letter he sent his picture. Miss Bagley replied on September 22d. While that letter is not in the record, we can read in Talbot's reply, written immediately after its receipt, September 24th, some of its contents. Evidently she accepted his invitation, and he gave her in his letter of the 24th further assurance of what he would do for her:

'I expect to endeavor to make your stay in this part of the country interesting, and to see to it that you learn something of our district and our way of living. As to the finances, we will handle those upon your arrival. * * * In the meantime, dear Miss Bagley, keep me in mind, and come whenever you are disposed. Please wire at my expense a few days before you arrive here, so that there will be no question but that you will be properly met and cared for.

'Your sincere friend,

Talbot.' Whether there was something in Miss Bagley's letter putting an interpretation upon the boldness and generosity of Talbot's letter of the 10th does not appear. In any event, the following, in his letter of the 24th, could have no proper place or purpose in the second letter to a woman from a man who had met her but once and that 15 years before:

'I don't want you to harbor any erroneous impression concerning me. I am not showing any streak of generosity, and you know from your meeting with me I am no cad, and am not seeking in any roundabout way to be offensive. Your visit will be to me worth all that it costs, and I trust that to you it will be worth all the time that you spend.'

This was followed by some indefinite and uncertain expressions presumably intended to induce Pearl Bagley to believe that she, after a talk with him, Talbot, would be the...