Williams v. United States
| Decision Date | 05 July 1922 |
| Docket Number | 1960. |
| Citation | 282 F. 481 |
| Parties | WILLIAMS et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Robert J. Gantt, of Spartanburg, S.C., for plaintiffs in error.
Ernest F. Cochran, U.S. Atty., of Anderson, S.C. (J. E. Marshall Asst. U.S. Atty., of Greenville, S.C., on the brief), for the United States.
Before KNAPP and WADDILL, Circuit Judges, and WEBB, District Judge.
The plaintiff in error, Williams, was indicted at the October term, 1921, of the District Court, under the Act of Congress of June 25, 1910, commonly known as the 'White Slave Act' (Comp. St. Secs. 8812-8819), and both Williams and plaintiff in error Maude McAbee were at the same time jointly indicted under section 37 of the Criminal Code (Comp. St Sec. 10201), for conspiracy to violate the White Slave Act in connection with the same offense for which Williams was indicted separately. The indictment against Williams contained three counts; the first charging that he did on the 9th of July, 1920, feloniously and knowingly transport, and aid and assist in obtaining transportation for, Maude McAbee in interstate commerce, over the Southern Railroad, a common carrier of passengers for hire, from Spartanburg, S.C., to Hendersonville, N.C., for an immoral purpose, to wit, that he should have unlawful sexual intercourse with her. The second count charges that Williams, on the same day, at Spartanburg did feloniously and knowingly persuade, induce, entice, and coerce, and cause to be persuaded, induced, enticed, and coerced, and did aid and assist in persuading, inducing, enticing, and coercing, Maude McAbee to go in interstate commerce from Spartanburg, S.C., to Hendersonville, N.C., with the intent and purpose on the part of the said Williams that he should have unlawful sexual intercourse with her, and that he knowingly caused and assisted in causing her to go and be transported over the lines of the Southern Railroad, a common carrier of passengers for hire between the points aforesaid. The third count charges the same offense as that contained in the first count, on the part of the said Williams, and the transportation between the same points of the said Maude McAbee for the like purpose, by means to the grand jurors unknown.
The second indictment was jointly against Williams and Maude McAbee, charging in the first count that they feloniously conspired that the said Williams would transport and cause to be transported, and aid and assist in transporting, Maude McAbee from Spartanburg, S.C., to Hendersonville, N.C., over the line of the Southern Railroad, a common carrier for hire, in interstate commerce, for immoral purposes, and that he should unlawfully cohabit and have sexual intercourse with her, and that Williams furnished the money, the exact amount being unknown, to transport and assist in obtaining the transportation for her between the two points named, and that Maude McAbee, in order to effectuate said conspiracy, and in pursuance thereof, did go from Spartanburg, in the state of South Carolina, to Hendersonville, in the state of North Carolina. The second count charges the precise offense against the same parties, for transportation between the same points, save that the means by which the transportation was effected were unknown. The third count charges specifically the same offense as the first count of the joint indictment, with the exception that the transportation was to be effected over the Southern Railroad, between Spartanburg, S.C., and Asheville, N.C. The fourth count charges the same offense against the two parties, the transportation likewise to be between Spartanburg, S.C., and Asheville, N.C., but by means to the grand jurors unknown.
The two cases were heard together-- that is, submitted to the same jury-- with an agreement and understanding that separate verdicts should be rendered in each case, with the result that the jury returned a verdict of guilty against Williams on the second count of the separate indictment only, and a verdict of guilty against both Williams and McAbee under all four counts...
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