The San Francisco call., 1913-08-21

the 0ue00e tnaI tne VcHDOn
charged procured or aided I'm
| procuring transportation !
] whether he accompanies the |
woman or NOT" I
ssYou will understand that this
statute applies alike to married
and unmarried men,"
at is immateriaI under the
statute what the character
OF the two girls involved was at
the time.v
Il .Even If you find that the de-
fendant and his companion,
! Caminettf, were actuated by fear,
but that nevertheless, in taking I
these two girls along, there ex-
isted the intention 80 charged, [
1 the defendant Is guilty" !
p.s-s-s-s-e-e-e-.-s-.-.-.-
extent alter or pervert from the strict
truth the evidence such witness should
give as to the facts in controversy,
you may and should take such attempt
or attempts into consideration in de-
termining the guilt OF the defendant.
I'm view of the fact that the two
young women. Marsha Warrington and
Lola Norris, who are involved In the
charge against the defendant, have
been referred to several times during
the trial as prosecuting witnesses,
should state to you that this prosecu-
tion is not being carried on by those
young women or either of them.
BASIS OF ACTION
This prosecution is in no aspect q
private one. but is instituted and being
carried on by the United States gov
ernment for the purpose of vindicating
the law which it claims has been .vio-
lated, and with. purpose Of Furnishing
jury shall find that he has been guilty
thereof, and of having such punishment
operate as q deterrent in preventing
others from violating the statute in
Bearing the principles have stated
in mind, IL you find that the defendant
on or about the date testified to by
for the e
the line of railroad alleged, from Sac
ramento. in the state of California, e
Reno, in the state Of Nevada, the said
Marsha Warrington, with the intent
and for the immoral purpose alleged
therein, then you will find the defend
ant guilty of the offense charged In
the first count of the indictment.
IF you find that on or about the date
just referred to the defendant trans
ported, or caused to be transported,
from the city of sacramento to keno,
In the state of Nevada, the girl Lola
in alleged, then you will find verdict
of guilty against the defendant for the
offense charged in the second count OF
the indictment.
IF you find that the defendant pro-
cured or obtained a ticket issued by
the Southern Pacific company, at its
Office in the city of Sacramento for
passage between that point. and Reno,
In the state of Nevada, to be used by
or for the girl Marsha Warrington in
travelling between said points over the
line of railroad alleged. with the In
legged. then you will find the defendant
guilty of the offense charged in the
third count of the indictment.
IF you find that the defendant on or
about that date procured or obtained
q ticket at Sacramento for passage be-
tween that point and Reno, in the state
of Nevada, to be used by or In behalf
Of Lola Norris In travelling between
said points, with the intent and for the
immoral purpose alleged, then you will
find the defendant guilty of the offense
charged in the fourth count Of the In
dictment
date the defendant, at the. city of Sac
ramento in this state, persuaded, in
duced or enticed, or caused to be per-
suaded. induced or enticed, or aided or
enticing. the said Marsha Warrington
to go and be transported from said city
of Sacramento to Reno, In the state or
Nevada, for the immoral purpose al
legged in said count, then you will find
the defendant guilty of the offense
charged In the fifth count of the In
dictment, even though you find that as
result OF such persuasion, inducement
or enticement said Marsha Warrington
consented and willingly allowed herself
to be so transported for such purpose
CONCERNING LOLA NORRIS
IF you find that on or about that
date the defendant persuaded, induced
or enticed, or caused TO be persuaded
induced or enticed, said Lola Norris to
go and be transported from the city OF
Sacramento to Reno, in. the state or
Nevada, for the immoral purpose all
legged in said count, for such immorai
purpose, then you will find the de-
fendant guilty of the onense charged
in the sixth count of the indicfment,
even though you find that as a result
of such persuasion, inducement or en-
ticement said Lola Norris consented
and willingly allowed herself to be SO
transported for such purpose.
The evidence introduced before you
by the government, If believed by. you.
is sufficient in legal effect. that Is, IN
law, to sustain the conviction or the
defendant upon each one of the several
it is such as to satisfy you of Its truth
and establish the guilt of the defendant
TO the degree / have indicated is, as
have heretofore stated, question
solely for your consideration.
'The evidence is all before you, and
Il is for you to say where the truth
rests.
DISCREPANCY IN TESTIMONY
THE defendant has taken the stand
in his own behalf. and, so far as his
testimony tends to cover the transact
tion involved in the charges against
him, 1t is somewhat at variance with
that of the two girls, Miss Warrington
and Miss Norris; that Is, according to
his story Of their intimacy, he makes
it appear that Miss Warrington was
apparently pursuing him as much as he
was pursuing her, If not more, and he
claims that when he suggested the
idea of leaving Sacramento alone she
protested that she should not be left
behind, but should go with him: and
that it was she, and not the defendant,
who insisted that Miss Norris should
accompany them. Now this conflict, so
far as it exists is for you to determine
that is, you will say whether the state
ments of these girls are true, or that
of the defendant to the extent that
you find 1t material to determine in
order to reach your verdict
THE testimony of the defendant
however, does not cover the entire
transaction as testified to by the two
girls and the other witnesses for the
prosecution. After testifying to the rela-
tions between himself and Caminetti
and these girls down to the Sunday
night on which the evidence of the gov
ernment tends to show the trip to Reno
was taken, he stops short and has