Sacramento daily record-union., 1888-08-08
THE yAGifAN-Ts.
Jugde Armstrong ha axes the romeo Au-
thorifies Hapnv.

thorities Happy.
Judge Armstrong rendered deciss. u II
Department One of the Superior Court 81
terday which brings joy to the police
authorities who have been endeavor-
ing to lid the city of lot OF
disreputable vagrants. Several weeks
ago an opium fend and vagrant named
William Wilson, alias William Taylor,
was tried in the Police Court on a charge
OF vagrancy. His attorney made a strong
fight and resoried to every technicality of
law in behalf of his client, but Judge Buck
ley held against him and :he defendant
was found gully and sentenced to term
IN the County Jail. An appeal was taken
TO the Superior Court, and since the case
has been pending the police have been in
fear OF reversal of Judge Buckley's decis-
ion. Their doubts will be set at rest by the
following decision which sustains Judge
Buckley fully and goes even farther than
he did. Sacramento will be too hot for
vagrants after to-day:
In the Superior Court of the county of Sacra-
mento, state OF California. The People, plain
TIN, VS.. William Wilson, defendant This is an
appeal from the Judgment OF the Police Court
convlctlng the defendant IL is alleged in the
complaint that at the time therein Stated the
who lives in and about houses of ill-fame.''
The defendant was prosecuted under Section
647 of he Penal Code. 1t was objected at the
trlal that evidence of the common reputation
OF the defendant and the house Of Belle Taylor
as house of i'll fame in which ne lived was in
competent and inadmisSIble; but the Court over
ruled the objection aud this ruling is assigned as
error. There was no error in the ruling The
rule of law is that in this class of tases the COM
mon reputation as to the character of the de-
iendant, the house, and persons visiting the
house IS ADM, & ,sible in evidence. e whort.
Grim. Law. 1898 Wood on Nuisance D. Sc, s29:
Bish. Grim. Law, Il IL, 49, It was compe-
tent 10 prove the character of Belle Taylor BY
common Tepute. The evidence sufficiently
shows that the defendant is a lewd and dissolute
person; that he lived in the house OF Belle Tay-
lor and that it is Il house of ill-fame. He ate
Ill the house with her; smoked opium therein.
and the inference is irresistible from the circu1o-
stances proved that he slept in the house with
her in the after part of the night when she had
dismissed her customers. The point urged by
Inc counsel for the defense-that there can be
no mouse OF lll-tame within the meaning of
the law in which only one woman lives
is not Wen taken. While there are some
authorities which seem to sustain it, yet
the better reason is against it. The
law which deuounces houses of ill-fame as pub
llc nuisanees does SO on mora grounds In
Wood on Nuisances, p 20, %, the author saws:
"A house of ill-fdme or bawdy- house as il is
more commonly called in the law, is a public
nuisance, and the keeper thereof may be in
dicted therefor whether the house is located in
city or forest. 1t is DldLa in Sc and the Court
does no. need to be informed of its effects on
society, for the common experience of manKind
shows that the probable and natu al conse-
quences of such an establishment will be detri-
mental to the moral and social welfare of the
public" Then the immoral effect on society only
differs in degree where the house is kept Tor
bawdy purposes by one woman instead OF two
or more, and frequently it does not even differ
IN degree IN its immoral effect upon society:
and when a house is kept for bawdry whether
by one woman, or two or more il is house of
III l-fame within the meaning of the Penal Code
The evidence fully sustains the decision of the
Police Court. and as there is no error i'll the
record the judgment must be affirmed and il is
30 ordered JOHN w. ARMSTRONG, Judge