The San Francisco call., 1913-08-21
COURTA ADlNONLSHES
JURY ON EVIDENCE

Daucnery, or Ior any otner lHmorai
purpose, or with the intent and pur-
: pose to induce, entice or compel such
woman or girl to become prostitute.
or to give herself up to debauchery.
practice: or who shall knowingly pro-
cure or obtain, or cause to be procured
or obtained, or aid or assist in procur-
ing or obtaining, any ticket or tickets.
dence of the right thereto. to be used
| by or on behalf of any such woman or
| girl IN interstate commerce, In going to
any place for the purpose of prostitu-
| tion or debauchery. or for any other
| immoral purpose, or with the intent or
purpose on the part OF such person to
| induce. entice or compel her to give
herself up to the practice of prostitu-
ton, or to give herself up to debauch-
| cry or any other immoral practice,
whereby any such woman or girl shall
| be transported In interstate commerce,
or who shall persuade. induce or entice.
or cause to be persuaded, induced or
enticed, or aid or assist in persuading.
inducing or enticing any such woman
or girl to be transported in interstate
commerce for any such immoral pur-
pose, shall be deemed guilty of felony
and punished as therein provided.
DuRESs NOT ESSENTIAL
$50 far as any of the acts charged
against the defendant are concerned, 1t
| is not essential under the statute that
force or compulsion shall be employed
to induce or accomplish the transpor-
| tation of the woman or girl for the
| purposes there denounced She may go
freely and voluntarily. and even of her
own desire, SO far as the act of trans
| portat1on Is concerned. in other words,
she need not be confined or restrained
by physical means to any extent.
1T is sufficient to constitute the Of
fense that the person charged procured
or aided in the procuring of such
transportation for the purpose de-
| nounced in the statute, whether he ac-
companies the woman so transported
or not, not :, :.
charged shall actually have procured
or purchased the ticket or other form
of transportation himself in order to
violate the statute. The woman or girl
may perform the act of buying the
person; yet. If the one charged has
aided or assisted her thereto by fur
nlshing the means, or any part of 1T,
or ofh aided or ass assisted her thereto in any
by the statute, he is guilty.
NATURE OF COMPLETELY
LAS to the third phase of the act
above referred to, that OF persuading,
inducing or enticing. it is not essential
particular method shall be employed.
The terms persuade, induce and entice
are used in the statute in their ordi-
the act Of employing the arts of en-
treaty. allurement, promises or similar
means to influence the will or inclina-
tion of the woman or girl and induce
her to consent to be transported In in
terstate commerce for such immoral
purr1PPSSse. ar1PS 49, ,.. -
tion or carrying from one state to
another, and such transportation may
be by means of a railroad or any other
mode OF carriage usually employed by
common carriers of passengers.
The term debauchery, as used in
the statute. and alleged In the fndict-
ment, may be best understood by first
rs ths m n Of she yern sa
purity; to corrupt in character or
morals; to pollute; to seduce from the
paths of virtue.
LETTER OF THE LAW
"A man debauches a woman when,
by fnsidious approach, through kind
attentions. rides. drives, theaters, gen.
tie compliments, protestations of at
fection accompanied by caresses, or
dence and love, and then, by taking
her to questionable resorts, plying her
with intoxicating drinks or other sim
liar means, he breaks down her sense
Of delicacy and perverts her moral ma
ture, arouses her animal passions and
thus seduces her to lewd actions such
as illicit sexual relations or commerce.
When this result is accomplished IL
constitutes debauchery within the
meaning of this statute
You Will Furthermore understand
that this statute applies alike to mar
ried and unmarried men. Both are
equally amenable to its provisions, and
the degree of responsibility for a vio-
lations is the same without reference
to their status in that regard.
i should state to you that while the
different counts of the indictment al
lege that the acts therein charged
were committed by the defendant on
the fifteenth day OF January, 1918, it
is not necessary that the evidence of
the government shall show that such
acts or any of them were committed
cient under the law If 1T appear that
they were committed at any time
within three years prior to the find
Ing of the Indictment,
INTENT AN ELEMENT
You will observe that in each count
of the indictment the specific purpose
and intent of the defendant in COM
hitting the particular criminal act
therein charged is alleged. The ex-
istence of the intent SO alleged is
made essential under the statute to
constitute an offense; that is. that the
act be committed to accomplish the
therefore essential to the guilt of the
defendant under any one of these
counts that this intent be made to
appear That is one of the substantive
latlon of the law in question
AS | have heretofore intimated in
your presence during the course of
this trial, 1t is imTaterial under the
statute here involved what the char
acter of the two girls involved in
these charges was at the time of the
acts charged, so long as the intent
with which such acts were done is
shown to the satisfaction of the jury;
that is to say, If 1t appears in this
case to your satisfaction that the de-
fendant committed the acts charged
In any one or more of these counts for
the purpose alleged therein, 1T is
wholly immaterial, except in so far
as 1t may affect your consideration of
her testimony, or the motive with
which she was sought to be trans
ported. whether the woman or girl
involved In the particular charge was
at the time lewd or immoral woman
or woman of chaste character
WoMAN'S CHARACTER NOT IN ISSUE
I'm other words. the act in oues-
tion dcnounces the carrying In inter-
state commerce, for the immoral pur-
poses specified, OF any woman or girl.
and defendant violates the act when
he does any of the things prohibited
thereby regardless Of the fact as to
whether the woman or girl who is
the subject of his act be lewd or
self previously had Illicit intercourse
with her. The act is intended primar-
lily to suppress the traffic against
which it is aimed, and incidentally is
Intended as much for the protection
those unfortunate girls or women who
have already entered upon or been Sc
duced to a 1ewd course as for those
whose lives have previously been in
nocent of wrong.
IF during the progress Of this trial
fro manything which the court NAV
have uttered in your presence 4a fo