Evening journal., 1903-09-30
SAM PEO HELD
FOR UPPER COURT
Must Answer the Charge OF
Harboring a Girl in His
House
PREACHER GRANTED Continuance
Parson Taylor'a Wife, Who Had Him
Arrested on Charge Of Hisamy, oe.
cupied a Seat in Court With Her
Two Children.


cupied a Seat in Court With Her
Two Children.
Judge Edwin r. Cochran, Jr.. gave an
important decision I'm City Court this
morning. The case was that OF Sam
uel Peo, charged with harborlng a girl
for immoral purposes and the opinion
covered several typewriter pages.
The defendant received hearing
two weeks ago. He and his attorney.
j. Frank Ball were present this morn
ing and when Judge Cochran held the
former for the Court OF General Ses-
sions. his face changed color. The
opinion read:
This charge is brought under Chapter
CSC, Vol. IS Laws OF Delaware. as amend
ed. the same being as follows:
Sec. ]. Whoever takes. receives. em-
ploys. harbors or uses or causes or pro-
cures to be taken. received. employed
harhorej, or used. a female under the nge
Of eighteen years for the 21rpose OF Sex
ual intercourse; or whoever being pro-
prletor or proprietress OF any house OF
prostitution, rcputed house OF prost.tu-
ton, or assignatlon. house OF ill-fame or
designation, harbors OF employs any fe-
male IN any such house. under the age OF
eighteen years. under any pretext what
ever. shall be deemed guilty OF a misde-
meanor and upon conviction thereof in
the Court Of General Sessions Of the
Peace and Jail Delivery Of this State shall
be fined not more than one thousand dol
llars. or imprisoned for a term Of not more
than seven years. or both. at the discro-
tion Of the court.
Sec. 2 The terms. "house OF prostitu-
tion, "reputed house OF prostitution 20
designation house OF il-fame or assig-
nation, include all premises which by
common fame or report are used for pur-
poses Of prostitution or assignation.
II is contended by counsel for the de-
lfendant that the facts Of this case do not
bring lt within a proper construction OF
the word 'harbor." and cites a case ir
Firth Illinois. decided Ia 1si3. and a case
In Fifth "McIain" Ohio, decided In 1si9
for the purpose OF sustaining his conten
tion
These two cases were based upon tn
/ l'Furi:ive Slave Laws IN force IN ,hos
, States at that time. and the construction
I of similar statutes In other States hav
a bccn made contrary to the cases cited. a
lparticriarly In 2tth Ainbama. Page "a.
z The contention Of the defendnnt's cour
" lsel however. need not be considered fur
. her as TIE statute under which ihi
\ charge Is brought differs very material,
E from the statue under which the case
] lcited were brought for the reason tina
? in the statute Of 1889 as amended, we fin
the words. takes" receives etc. ami
d Is therefor not necessary FOR this 1lour
{ to put any construction upon the wors
J ''harhor" IN this case.
} IL Is further contended by defendants
I counsel that it Is necessary in crlmina
7 case TO prove criminal intent upon tn
J lpart OF the person charged with crime
Irhis IS ordinarily true. but the Legisla
ture IN the exercise Of Dts sp1lice power
can prescribe certain acts 20 be uniawfu
independent OF any criminal intent what
ever.
An example OF this may be found IN oul
statute regarding the selling Of intoxl
eating liquors TO minors as construed II
State vs.. Peo. dhis very defendanD II
lst Psnnewill Page SIS. It IS contended
however that such a construction woul
not apply to this case for the reason tina
a person selling liquors secures his licens
{ subject to centain conditions, but IN
contention Of counsel Is shown 10 be un
sound by the opinion OF the count In tn
case of State vs.. Lally 2nd Marvel, Pag
e a. which was a case OF Illegal registra
e ton under our statutes pretaining to cleo
: tions.
e In that case the court said: "Under th
] provisions Of this act it IS not necessar
that a criminal intent should be proved
& lThe simple question TO be decided by yo
d Is. has the act which is prohibited by n
statute been committed-the act In ali
case being unlawfully and knowingl
I registering IN two election districts wlt
IN the city Of Wilmington"
The very statute under question, how
I lever. has been construed In the case Z
4 state VS.. Deputy srd Pennewill. Page 2
n where the court held that the two ingr'
dents Of the crime necessary to be prov
It en- were:
o ist. That the female child was under N
lagc OF eighteen.
II 2nd. That the defendant did take.
e receive" ETC., the female child for "a
purposes stated in the statute.
e The first ingredient IS clearly proven
d this case and the second is sufficient
u proven to warrant this court in holdin
the defendant for his appearance for N
next term Of General Sessions in and fl
@ this county and It so holds.
n Health Cases Dismissed.
q The cases against Charles and Mar
"a Dougherty. charged with violating tn
y health ordinance. were dismissed o
y application Of Assistant city Solicitc
- Baldwin Springer who informed IN
court that the defendants had com
piled with the law and the Board {
. Health authorities, consequently, di
n, not wish to push the cases.
- Edward O'Neil. negro with an Iris
,.3 name, was fined SO and costs for be
ing drunk and disorderly. He was al
~ rested by Parolman Gilling.
4, Attorney Josiah Marvel. represen
- ing Terrence Mullin. charged wit
,e keeping a gaming table, waived
A hearing for his client for the upp
A. court. Bail was fixed in $1,000.
u, When the case of the Rev. Irving
ar Taylor, charged with bigamy, WI
called. Mr.. Marvel arose and requeste
a. a continuance FOR a week which II
to court granted.
The defendants wife. No. 1, was
court with her two children.
or Endesvorers' Monthly Business.