Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-27

mitted that he had had Illicit inter-
curse with the prosecutrix, and the
evidence in this respect was suffi-
cient as tending to connect him with
the commission of the crime, L. o.
L. Sec. 1912. No error was commit
ted in refusing to instruct the jury
to acquit the defendant for lack Of
corroborating testimony in the two
essential particulars to constitute a
commission of the offense.
AS woman's virtue is canon Of
almost universal conduct and un-
chastity of that sex the rare excep-
ton, this we'll recognized generality
of female purity gives rise in some
states to the doctrine that in the alb
sence Of any ther evidence, the pre-
sumption will be indulged that the
woman sedueed under promise of
marriage was chaste at the time Of
the commission of the offense, there
by imposing upon the defendant the
burden of disproving the deduction
which the law expressly directs to
be made from particular facts. S5
Cyc, 1874. Our statute makes pre-
vious chaste character of the female
who is seduced under promise OF
marriage an element conducting to
her protection when she is betrayed
after yielding her virtue at the So
licitation of the man whom she has
every reason to believe would be-
come her husband. The enactment
referred to requires the state to as
sumo the burden Of proving her
chastity at the time Of her Illicit in
tercourse, as was done in the case at
bar. The transcript does not show
that Emma Olson gave any testi-
mony on direct examination in chief
respecting her chastity at the time
of the commission Of the offense. 1t
must be assumed, however, that she
was interrogated in relation thereto
and gave affirmative answers on that
subject, for on cross examination
defenadnt's counsel, referring to
that inquiry, asked her the following
question: you we're a pure and vir-
tuous girl at that timer" She re-
piled; II was before met Harry
Meister." No eorroboration Of such
Testimony was required, as hereinbe-
fore indicated, and no error was
committed in refusing to instruct tn,
jury to return verdict Of not guilty
in consequence of any failure in thil
! respect.
Two young men, as defendant
! witnesses, severally stated that h,
had Illicit connection with Emma OIL
son before March 20, 1910. Anothe
> young man also testified that prio
: to that date, with the consent. Of th
prosecutrix he attempted to hav
sexual intercourse with her but af
ter two or three endeavors to ac
: complish their unlawful purpose hi
efforts proved unavailing. Based 81
these discriminating admissions,
: other witnesses, appearing for tn
defenadnt testified that the genera
reputation of Emma Olson for chas
tity, prior TO March 20, 1910, In tn
: community where she lived was bad
No testimony was offered by tn
state in rebuttal on tish subject
In State .Eggleston, As Or. 34t
351, in a prosecution for adultery,
is said: 80, too, in cases Of seduc
tion, evidence Of the reputation o
the female for lewdness is admissi
: BILE as a circumstance tending +
show that the act complained of ma
not have been the cause OF her goin
astray." The language thus quotet
unless. explained or qualified, Nigh
be misleading for II is the. characte
Of the female. sednced that the stat
: ute makes a shield for her protectio
and not her general reputation. Ev
, dence Of specific acts Of lewdnesss
admissible to show that thn woma
was in fact unchaste. Kenyon '
People, rs N. Y. 2O3. When sue
evidence has been received, test
mony In relation TO the general reT
utation Of, the female as to her chat
itty is admissible to impeach OF col
roborate evidence regarding partiC
: ular acts Of unchastlty. Bisho
Stat. Crimes (3d edl Sec. $50; Stat
" Clarke, 8 Or. 466; State v. Prize
81 Am, Rep. 1856. The coruse ind
Gated was pursued ct the trial of thi
cause, but evidently the jury did M
believe the testimony Of the youn
men respecting their acts OF immol
ality, fortified as 1t was by evidenC
Of the general reputation Of Emm
Olson for unchastlty, to which n
credence was given.
|. Other exceptions are assigned, bl
J. deeming them unimportant, the judi
!. ment is affirmed.
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