Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1913-08-23
MAXIMUM PENALTY is
20 YEARS IN PRISON

Sentenced.
SAN FRANCISCO, Aug 21.--Maury
l. Diggs. who was convicted last
night of violating the Mann White
Slave Act, win be senten-
ced on September 5. He was releas.
ed from custody on $4,000 bail until
called into court to hear his sentence.
Diggs is facing 20 years in the peai.
Tertiary on the four counts on which
he was convicted.
Diggs, former state architect was
charged with clipping with Marsha
Warrington from Sacramento, Cal. to
Reno. Nevada, for immoral purposes.
The Mann act makes 1t felony to
transport women from one state to
another for such purposes. OF the
six courts against MIN the jury found
him guilty on the first four Each
count carries a maximum penalty of
five years and a minimum penalty of
one year in the federal penitentiary.
Diggs' Denfense.
His counsel. in summing up the
evidence, did not palliate these acts.
Paint this defendant as you will
a monster if you please" argued Rob-
ert Deylin, his senior attorney, "but
tell me what motive he would have
had in going out of the State for the
purpose of accomplishing these things
already accomplished.
Counsel may characterize him as
they please. and I may not differ with
them. They say his act was shame
less, and / may feel the same way
about it. but it is not white slavery
This was the whole argumentative
substance of the defepse. There re-
NAMED the rhetorical and emotional
appeals and of course they were not
neglected. The girls were blamed for
tempting the men. They were called
willing accomplics in what evil had
been done and the wisdom of trusting
woman loved and scorned when she
bears witness against the lover who
has discarded her was called into
question. pst 'nai ee tia)s 9
Judges interpretation.
In view of the contention Of the
defense that no criminally immoral
purposes had been proved, the inter
probation OF the statute by the judge
was awaited with much interest. On
this point he said in part:
''The act so far as here involved,
provides in substance that any per
son who shall knowingly transport
in interstate commerce any woman.
or girl for the purpose of prostitution
or debauchery or for any other ln
moral purpose, shall be deemed gull
ty of a felony and punished as therein
provided.
"The term interstate commerce, so
far as here involved, means transpor-
tation from one State to another.
ITO debauch is to lead away from
purity. to corrupt IN character or
morals to pollute, to seduce from the
paths of virtue. A man debauches
woman when by insidious approach
he breaks down her sense of deiicacy
and perverts her moral nature,
arouses her animal passions and thus
seduces her into lewd actions.
GAS | have heretofore intimated to
Won. il is immaterial what the char
acter of the two girls involved in
these charged was at the time OF the
acts charged The act denounces the
carrying in interstate commerce for
the immoral purposes specified, OF
any woman or girl, regardless of
whether the girl or woman who is
subject to the act be lewd on chaste.
or whether or not the man has him.
self previously had intercourse with
her.
'Tf it appears that the defendant
has suggested to or attempted to in
duce any witness in this case to give
evidence as to the facts in controver-
sy in any respect not in accordance
with the truth you may and should
take such attempts into considera-
ton in determining the guilt of the
defendant"
This positive instruction went di-
reetly to the testimony of Nellie Bar
ton, a friend of Marsha Warrington,
who testified that Diggs and bis at
torney Charles S. Harris, of Sacra-
mento, induced her to coach Miss
Warrington in the testimony she
should give, promising her marriage
she did as they wished, and i'm
prisonment otherwise.