Evening star., 1944-05-01
Hopkins Case Defense
Rests as Court Kills
Two Indictments
Jury to Act Soon as
Attorneys for Accused
Coll No Witnesses
BY NORMAN A. KAHL.

The Hopkins Institute vice
trial came to an abrupt end
shortly before noon in District
Court today when counsel for
the seven women charged with
conspiracy to violate the Mann
Act Unexpectedly rested their
case without putting on a single
witness.
The case probably will reach the
jury before tonight, after both sides
spend the afternoon presenting clos
ing arguments. Visiting Justice
Arthur Lederle of Detroit gave both
sides a total of three hours, be-
ginning at Q pm.
1t was believed the courts in
structions to the jury would take not
more than an hour and that the case
would be turned over to it around
dinner time.
These developments followed the
decision of Justice Lederle to order
directed verdicts on two of the in
dictments which charged Florence
White and Wilma Graham, two of
the seven defendants, with viola
tions of the White Slave Traffic Act
by transportation of women for i'm
moral purposes within the District.
Rejects Second Motion.
At the same time, Justice Lederle
overruled defense motion for a
directed verdict on the conspiracy
charge against all seven defendants.
Counsel for the seven women con-
tended the evidence presented
against their clients was insufficient
and pointed out that the Govern
ment's star witness, Mildred Powell
Carter. once manager of the insti-
tute, had taken back some of her
own testimony involving several of
the defendants.
Meanwhile, Sunny Pitts, who
found a career in Hollywood after
a Six-weeks' association with the
Hopkins Institute, was back in New
York again today and was confined
to her bed by illness. The defense
move to rest its case makes it un-
necessary for the blond starlet to
tell her story from the witness stand.
The surprise decision also elimi-
mated the last possibility that the
little black book" might be opened
for public inspection. The insti-
tute's records. which have been
hanging over the trial since it be-
gan and which are said to contain
the names of scores of prominent
citizens, probably will now be in
tered forever.
Members of the defense staff said
they were refraining from putting
any witnesses on the stand because
they are convinced the Govern
ment's case is too weak to be sus-
tanned.
Test Pending in Court.
Saul Lichtenberg, one of the de-
fenSe attorneys. said he doubted
that the Federal law concerning
transportation of women applied to
the District and said he believed
local statutes should have been
brought to apply 1t was recalled
that test of the Mann Act as it
affects Federal jurisdiction, such
as the District, is now before the
United States Court of Appeals in
the Carmen Beach case, recently
tried here
In dismisSing the two indictments
today, Justice Lederle pointed ou,
thot hccicta,,+ TTniteI Ctotar A+tor
ney John w. Fihelly had failed to
produce strong evidence showing
that some of the defendants actually
were sent by taXicab to keep dates"
with patrons of the institute at
various local hotels.
Mr.. Fihelly warned that if the
Interpretation as indicated by the
courts questions were to be sus-
tanned "it would be tremendous
blow all over the country. 1t would
mean that man could send a girl
for immoral purposes any time"
The Government attorney pointed
out that evidence showed that on
several occasions Miss White said
she would send girl to keep dates"
arranged by Mrs. Carter right
away"
The jury has right to infer"
Mr.. Fihelly said, that right away
means by cab. If l wanted to get
somewhere right away, I would take
a cab"
The judge asked Mr.. Fihelly if
he seriously believed" such testi-
mony constituted direct evidence.
1T is too close to direct evil
dence," Mr. Fihelly replied, that I
couldn't call it indirect"