Wiley v. United States

• Citation: 257 F.2d 900
• Decision Date: 16 July 1958
• Docket Number: No. 15925-15927.,15925-15927.
• Parties: Lee Garrett WILEY, Jr., Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

257 F.2d 900 (1958)

Lee Garrett WILEY, Jr., Appellant, v. UNITED STATES of America, Appellee.

Nos. 15925-15927.

United States Court of Appeals Eighth Circuit.

July 16, 1958.

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E. C. Mogren, St. Paul, Minn. (Mogren & Kempe, St. Paul, Minn., on the brief), for appellant.

Hyam Segell, Asst. U. S. Atty., St. Paul, Minn. (George E. MacKinnon, U. S. Atty., St. Paul, Minn., was with him on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

These three appeals are taken upon a single transcript from convictions of appellant under three indictments consolidated for trial for violations of the White Slave Traffic Act, 18 U.S.C.A. § 2421 et seq. They severally charged that on January 5, 1954, appellant induced, enticed and persuaded a woman, shown to be Betty O'Neill, to go by common carrier from Minneapolis, Minnesota to Billings, Montana for the purpose of prostitution, debauchery and other immoral practices; that on January 2, 1954, he persuaded, induced and enticed her to go by common carrier from Waukesha, Wisconsin to Minneapolis, Minnesota for the same purposes; and that on February 15, 1954, he persuaded, induced and enticed her to go by common carrier from Waukesha, Wisconsin to Minneapolis, Minnesota for the same purposes.

Evidence was adduced on the trial to the effect that Betty O'Neill was 28 years old at that time and had been a prostitute for seven years; that she first met appellant on December 26, 1951, while traveling by train between Chicago and Cleveland; that she had a conversation with him at that time in which she informed him, in response to an inquiry by him, that she was a prostitute and he informed her that he was "in the business"; that upon arriving in Cleveland, Ohio, she went to appellant's apartment, had sexual relations with him and stayed overnight with him; that the next day, December 27, 1951, appellant drove her to Canton, Ohio where he arranged for her to go into a house of prostitution; that she stayed in this house a few days and then appellant picked her up, stayed with her overnight and she gave him about $100.00, her earnings from the prostitution; that she then went back to the house of prostitution and stayed about 10 days; and that she did not see appellant again until she visited him about three weeks later, in January, 1952, while he was in prison in Madison, Wisconsin; that during this visit she was instructed by appellant to "hustle" together with Diane, appellant's wife, in Chicago and to save her money until he completed serving his time; that she agreed to wait for him and save her money so that they would be "in good shape" when he got out; and that she continued to work in certain houses of prostitution in Wyoming while appellant was confined in the penitentiary. When appellant was released from the penitentiary in the latter part of December, 1953, she had a telephone conversation with him from her home in Waukesha, Wisconsin, in which he told her to come from there to Minneapolis, Minnesota, and that they "would pick up where they had left off"; that she understood what he meant because she was a prostitute and "he was a known pimp * * * and he wouldn't have me if I wasn't a prostitute"; that pursuant to this direction from him she traveled by train from Milwaukee, Wisconsin to Minneapolis, Minnesota; that appellant met her at the train; and that she lived with him and commenced prostitution activities in Minneapolis, the price going to appellant.

The charge of the second indictment was based upon the persuading, inducing and enticing of the woman by the appellant evidenced by this conversation and attendant circumstances.

The evidence then showed that shortly after her arrival in Minneapolis, Betty O'Neill had a conversation with appellant regarding her going to Billings, Montana; that appellant said he thought that if she could make more money there, that that was the place to go; that he gave her money to go to Montana;¹ that while in Billings, Montana she sent money to appellant from her prostitution activities; that upon her return to Minneapolis there was some conversation with appellant to the effect that she did not behave herself out west and did not send the money to appellant according to their arrangement; and that she then returned to her home in Waukesha, Wisconsin.

The charge of the first indictment was based on what appellant told the woman about going to Billings, Montana, and the attendant circumstances.

As to the third indictment, Betty O'Neill testified that after she had been at her home in Waukesha, Wisconsin about two weeks, appellant called her by telephone and asked her to return to Minneapolis, Minnesota, stating that he thought she could do better in Minneapolis than working in a house; that pursuant to that request she went to Minneapolis from Waukesha; that appellant met her at the station; and that they immediately took up residence at 75 Hoag Avenue, Minneapolis, Minnesota, and began living together; and that appellant arranged dates for her for purposes of prostitution and received the proceeds therefrom.

There was substantial evidence from which it could reasonably be inferred that 75 Hoag Avenue was a house where prostitution was engaged in during the period in question. Several witnesses who had been prostitutes testified that they lived at 75 Hoag Avenue in January and February, 1954, and that appellant and Betty O'Neill were living there together at the time. It is well settled in cases under the Mann Act, that the character of the premises to which the transported woman is taken, may be shown as throwing light on the object or purpose of the transportation. United States v. Jamerson, D.C., 60 F.Supp. 281, 286; Pine v. United States, 5 Cir., 135 F.2d 353, 356.

Betty O'Neill further testified that she left appellant around the end of February, 1954, saw him once or twice after that in Chicago and on one occasion in 1955, while in Chicago, appellant asked her if she could come back to him and told her that if she did "she could be his main woman and that he would keep his living quarters in (her) apartment". She testified to conversations she had with appellant about other girls who were his prostitutes and she described in detail two beatings she had suffered at the hands of appellant during the time she was living with him because of her failure to pick up a prostitution date. She testified that during the period she was prostituting for appellant she had turned over $400 to $500 to him.

Five confessed prostitutes and a former owner of a house of prostitution corroborated many of the details of Betty O'Neill's testimony. They supplied the details of appellant's conduct and activities before, during and after the periods covered by the charges set forth in the indictments bearing on the essential element of intent to commit the offenses charged.

Appellant testified on his own behalf and admitted that he met Betty O'Neill on December 26th, 1951, while traveling by train to Cleveland, Ohio, but he stated that when they arrived in Cleveland he took her around to various night clubs and that Betty stayed at a girl's home for the night. He testified that he drove her to Canton, Ohio the next day at her own request; that he never received any money from her; that he saw her again a short time later in Canton after he had returned from Canada; and that they discussed the fact that Betty was to return to a house of prostitution. He admitted that the next time he saw her was when he was in prison in Madison, Wisconsin in January of 1952, but he denied telling her to hustle for him. He stated that while he was serving a sentence at Leavenworth he had no contact with her. He admitted that he had a telephone conversation with Betty about January 1, 1954, relative to her coming to Minneapolis and he testified that he told her that "if she wanted to she should come to Minneapolis". He admitted that he met her at the train depot in Minneapolis and that he arranged to have her stay at Clifford Hall's house. He recalled that the following day Betty called Billings, Montana, to get money from a friend so that she could go out there. He stated that he did not see her again until a month and a half later when he met her at Clifford Hall's house. He said she was passing through Minneapolis on her way home to Waukesha, Wisconsin and that subsequently she returned to Minneapolis with her personal belongings and moved in at 75 Hoag Avenue, where he was also living at the time. He claimed, however, that they had separate rooms.

Appellant denied ever making any arrangements for Betty O'Neill to go to a house of prostitution and he denied knowing that she was a prostitute until she testified to that fact in court. He denied ever asking her to come to Minneapolis or discussing the advisability of her going to Billings, Montana, or discussing her "hustling" for him in Minneapolis and further denied receiving any money from her as a result of her hustling in either Billings or Minneapolis. He denied arranging any dates for her in Minneapolis and denied that he had ever physically abused her, although he admitted having had an argument with her. He denied having made a telephone call to Waukesha, Wisconsin, relative to her returning to Minneapolis the second time.

The only witnesses called by appellant, his father and sister, testified merely as to calls the father received from Betty O'Neill relative to information about appellant's release date from prison. These calls were made in the summer, fall and winter of 1953.

The vital issues of the case were whether appellant did "persuade, induce and entice" the woman to make the interstate trips as alleged and if he did, whether it was with the intent alleged. Those issues were for determination by the jury. Appellant's motions for directed verdict made at the conclusion of the...