MURRAH, Circuit Judge.
The appellant, Charles Webb Long, was indicted with Alfred Ralph Gibson in two counts in the United States District Court for the Western District of Oklahoma. One count charged that on or about the 24th day of April, 1946, the defendants transported and aided in the transportation of one Rama Lou blouse, a girl twelve years of age, from Wichita, Kansas, to Medford, Oklahoma, with the intent and purpose that she would engage in debauchery and other immoral practices, in violation of Section 398, Title 18 U.S.C.A., 36 Stat. 825. The other count charged the defendants with a conspiracy to commit the same offense. A jury having been waived, the trial court found both defendants guilty as charged in the indictment. Long was sentenced to probation on the conspiracy count, and to eighteen months in the custody of the Attorney General on the other count. Gibson has not appealed, and the record docs hot-show the disposition of the case as to him. Long prosecutes this appeal, contending primarily that the evidence is wholly insufficient to support the finding of guilt on either count.
The evidence fairly shows that Mary Lou Stephenson, thirty-five years old, had been married three times and had five children, the oldest of which was Rama Lou House, age twelve, and the youngest fourteen months. She was living in Wic-hi-[708]*708ta, Kansas, without benefit of husband, and the defendants Long and Gibson were staying at her home. She was operating a night club, and Long was employed as a guard there. He had previously loaned her some money and claimed to be in love with her. It seems that complaints had been made concerning the delinquency of the children, and the juvenile authorities had threatened to take them away from her. On at least one other occasion, Long had transported Rama Lou and the baby to Blackwell, Oklahoma, at the request of the mother. On the evening of April 24, 1946, Long told Mary Lou that he had heard around the courthouse that the children were going to be taken away from her, and she determined to get them out of town that night. Long borrowed an automobile from his mother, and preparations were made to take the children to Oklahoma. It was decided that Long would take the children to Wellington, Kansas, approximately twenty miles south of Wichita, that night, and there wait until the mother could join them the next day for the journey southward to Oklahoma. She gave Long about $3.50, and he left with Alfred Gibson and the children at eight-thirty in the evening.
The party did not stop at Wellington, but took a circuitous route around the town, keeping on the country roads. When they arrived at the port of entry into Oklahoma, they decided not to attempt to cross the state line, but to go around by way of a country road. The car was ditched and they spent the night in the car; were pulled out the next morning and crossed the state line at the port of entry. Rama Lou testified that at the port of entry, and before crossing the state line, Long said to Gibson, “You know the Mann Act charge against carrying someone across the line. You better marry her when you get across.” After they crossed the state line, Gibson borrowed some money from his people near Renfrow, Oklahoma, bought a quart of whiskey, and drank most of it. Long attempted to call Mary Lou from Renfrow, but being unable to contact her by telephone, the party continued to Med-ford, Oklahoma, where they stopped for breakfast. Gibson caused a blood test to be made of himself and Rama Lou for the purpose of obtaining a marriage license in Oklahoma, and he told Rama Lou that they were going to get married.
Later in the day, the party registered at the Franklin Hotel in Medford. Rama Lou testified that appellant registered her as his sister. This he denied, but it is a fact that the party occupied a room at the hotel until Gibson suggested that Rama Lou register in another room as his wife. Long protested, but .Gibson persisted, and at his direction the girl registered in the name of Mr. and Mrs. Gibson. When she returned to the room occupied by the party, Gibson told her to go to the other room with him, and appellant then took the baby. Gibson and the girl did go to the other room, and he there attempted to have sexual intercourse with her. Later, the girl asked appellant Long if he knew what Gibson had tried to do, and he answered, “Yes, I sure do.” Thereafter appellant called Mary Lou on the telephone and told her that Gibson and the girl had gotten married, whereupon Mary Lou communicated with officers in Wichita, who accompanied her to Medford, arriving at about three o’clock in the morning. Gibson, the girl Rama Lou, and the baby, were found in one room, and appellant and the other children in the other room. When Rama Lou was asked if Long made any improper advances to her during the trip, she replied, “No, but he was the one who got A1 to do it. * * * He kept telling Al he would have to marry me on account of the Mann Act before crossing the line”; that when she asked if they were going to stop in Wellington, appellant informed her that they were not.
The Mann Act is directed at those who knowingly transport in interstate commerce “any woman or girl for the purpose-of prostitution or debauchery, or for any other immoral purpose, * * See Section 2 of the Act, supra. Thus the interstate transportation must be for immoral purposes in order to constitute an offense. Yoder v. United States, 10 Cir., 80 F.2d 665. And the immoral purpose “must be found to exist before the conclusion of the [709]*709interstate journey and must be the dominant motive of such interstate movement. * * * Without that necessary intention and motivation, immoral conduct during or following the journey is insufficient to subject the transporter to the penalties of the Act.” Mortensen v. United States, 322 U. S., 369, 374, 64 S.Ct. 1037, 1040, 88 L.Ed. 1331. If the sole purpose of the interstate journey is legitimate, a purely incidental intent to have intercourse en route is not a federal offense. Caminetti v. United States, 242 U.S. 470, 491, 37 S.Ct. 192, 61 L.Ed. 442, L.R.A.1917F, 502, Ann.Cas.l917B, 1168. See also Yoder v. United States, supra, and cases cited. There may, however, be two or more purposes of one trip — one perfectly legitimate, the other unlawful. If one of the dominate purposes of the interstate transportation is to engage in immoral practices it is a violation of the Act even though there may also have been a legitimate purpose. Caminetti v. United States, supra; Carey v. United States, 8 Cir., 265 F. 515; Simon v. United States, 4 Cir., 145 F.2d 345.
It seems fairly conclusive that as far as the appellant is concerned, the original purpose of the interstate journey was to remove the girl and the other children out of the jurisdiction of the juvenile authorities in Wichita, Kansas. The trip was undertaken at the request of the mother; appellant did not molest the girl, in any way, and there is nothing from which it can be inferred that the trip had for its original object the effectuation or the facilitation of an immoral purpose. But although the original object and purpose of the journey may have been perfectly lawful, yet the parties could have formed an unlawful purpose while en route and before they crossed the state line.
Free access — add to your briefcase to read the full text and ask questions with AI
MURRAH, Circuit Judge.
The appellant, Charles Webb Long, was indicted with Alfred Ralph Gibson in two counts in the United States District Court for the Western District of Oklahoma. One count charged that on or about the 24th day of April, 1946, the defendants transported and aided in the transportation of one Rama Lou blouse, a girl twelve years of age, from Wichita, Kansas, to Medford, Oklahoma, with the intent and purpose that she would engage in debauchery and other immoral practices, in violation of Section 398, Title 18 U.S.C.A., 36 Stat. 825. The other count charged the defendants with a conspiracy to commit the same offense. A jury having been waived, the trial court found both defendants guilty as charged in the indictment. Long was sentenced to probation on the conspiracy count, and to eighteen months in the custody of the Attorney General on the other count. Gibson has not appealed, and the record docs hot-show the disposition of the case as to him. Long prosecutes this appeal, contending primarily that the evidence is wholly insufficient to support the finding of guilt on either count.
The evidence fairly shows that Mary Lou Stephenson, thirty-five years old, had been married three times and had five children, the oldest of which was Rama Lou House, age twelve, and the youngest fourteen months. She was living in Wic-hi-[708]*708ta, Kansas, without benefit of husband, and the defendants Long and Gibson were staying at her home. She was operating a night club, and Long was employed as a guard there. He had previously loaned her some money and claimed to be in love with her. It seems that complaints had been made concerning the delinquency of the children, and the juvenile authorities had threatened to take them away from her. On at least one other occasion, Long had transported Rama Lou and the baby to Blackwell, Oklahoma, at the request of the mother. On the evening of April 24, 1946, Long told Mary Lou that he had heard around the courthouse that the children were going to be taken away from her, and she determined to get them out of town that night. Long borrowed an automobile from his mother, and preparations were made to take the children to Oklahoma. It was decided that Long would take the children to Wellington, Kansas, approximately twenty miles south of Wichita, that night, and there wait until the mother could join them the next day for the journey southward to Oklahoma. She gave Long about $3.50, and he left with Alfred Gibson and the children at eight-thirty in the evening.
The party did not stop at Wellington, but took a circuitous route around the town, keeping on the country roads. When they arrived at the port of entry into Oklahoma, they decided not to attempt to cross the state line, but to go around by way of a country road. The car was ditched and they spent the night in the car; were pulled out the next morning and crossed the state line at the port of entry. Rama Lou testified that at the port of entry, and before crossing the state line, Long said to Gibson, “You know the Mann Act charge against carrying someone across the line. You better marry her when you get across.” After they crossed the state line, Gibson borrowed some money from his people near Renfrow, Oklahoma, bought a quart of whiskey, and drank most of it. Long attempted to call Mary Lou from Renfrow, but being unable to contact her by telephone, the party continued to Med-ford, Oklahoma, where they stopped for breakfast. Gibson caused a blood test to be made of himself and Rama Lou for the purpose of obtaining a marriage license in Oklahoma, and he told Rama Lou that they were going to get married.
Later in the day, the party registered at the Franklin Hotel in Medford. Rama Lou testified that appellant registered her as his sister. This he denied, but it is a fact that the party occupied a room at the hotel until Gibson suggested that Rama Lou register in another room as his wife. Long protested, but .Gibson persisted, and at his direction the girl registered in the name of Mr. and Mrs. Gibson. When she returned to the room occupied by the party, Gibson told her to go to the other room with him, and appellant then took the baby. Gibson and the girl did go to the other room, and he there attempted to have sexual intercourse with her. Later, the girl asked appellant Long if he knew what Gibson had tried to do, and he answered, “Yes, I sure do.” Thereafter appellant called Mary Lou on the telephone and told her that Gibson and the girl had gotten married, whereupon Mary Lou communicated with officers in Wichita, who accompanied her to Medford, arriving at about three o’clock in the morning. Gibson, the girl Rama Lou, and the baby, were found in one room, and appellant and the other children in the other room. When Rama Lou was asked if Long made any improper advances to her during the trip, she replied, “No, but he was the one who got A1 to do it. * * * He kept telling Al he would have to marry me on account of the Mann Act before crossing the line”; that when she asked if they were going to stop in Wellington, appellant informed her that they were not.
The Mann Act is directed at those who knowingly transport in interstate commerce “any woman or girl for the purpose-of prostitution or debauchery, or for any other immoral purpose, * * See Section 2 of the Act, supra. Thus the interstate transportation must be for immoral purposes in order to constitute an offense. Yoder v. United States, 10 Cir., 80 F.2d 665. And the immoral purpose “must be found to exist before the conclusion of the [709]*709interstate journey and must be the dominant motive of such interstate movement. * * * Without that necessary intention and motivation, immoral conduct during or following the journey is insufficient to subject the transporter to the penalties of the Act.” Mortensen v. United States, 322 U. S., 369, 374, 64 S.Ct. 1037, 1040, 88 L.Ed. 1331. If the sole purpose of the interstate journey is legitimate, a purely incidental intent to have intercourse en route is not a federal offense. Caminetti v. United States, 242 U.S. 470, 491, 37 S.Ct. 192, 61 L.Ed. 442, L.R.A.1917F, 502, Ann.Cas.l917B, 1168. See also Yoder v. United States, supra, and cases cited. There may, however, be two or more purposes of one trip — one perfectly legitimate, the other unlawful. If one of the dominate purposes of the interstate transportation is to engage in immoral practices it is a violation of the Act even though there may also have been a legitimate purpose. Caminetti v. United States, supra; Carey v. United States, 8 Cir., 265 F. 515; Simon v. United States, 4 Cir., 145 F.2d 345.
It seems fairly conclusive that as far as the appellant is concerned, the original purpose of the interstate journey was to remove the girl and the other children out of the jurisdiction of the juvenile authorities in Wichita, Kansas. The trip was undertaken at the request of the mother; appellant did not molest the girl, in any way, and there is nothing from which it can be inferred that the trip had for its original object the effectuation or the facilitation of an immoral purpose. But although the original object and purpose of the journey may have been perfectly lawful, yet the parties could have formed an unlawful purpose while en route and before they crossed the state line. If the evidence justifies the conclusion that they did so, and that the interstate transportation from that point had for one of its objects the accomplishment of that purpose, the finding of guilt must stand.
It is fairly plain from the evidence that when the parties left Wichita it was agreed that they would travel to Wellington, Kansas, and there wait the arrival of the mother the next day. Appellant had only $3.50 with him to care for himself, the automobile and five children. Gibson’s purpose in making the trip is not plain, except the suggestion that he was fleeing from the law. The party did not remain in Wellington as planned; they proceeded to the state line, but decided not to cross. They spent the night in the automobile, and the next morning when they arrived at or near the state line, they discussed the necessity for marrying the twelve year old girl in order to avoid the consequences of transporting her across the state line.
It is said that the only evidence from which the court could infer that Long had guilty knowledge of Gibson’s unlawful purpose is the fragile testimony of the twelve year old girl concerning the conversation between the parties and Long’s statements to her. It is, however, an undisputed fact that when they arrived in Medford, Gibson took the girl to a doctor for a blood test, a prerequisite to marriage in Oklahoma. It is also an established fact that they registered at the hotel, and that Gibson did attempt to have immoral relations with her. These facts and circumstances tend to substantiate the testimony of the girl that they had discussed the subject before they crossed the state line, and that Long did transport or assist in the transportation of the girl with full knowledge that Gibson purposed to have, or would attempt to have, immoral relations with her. Furthermore, the conduct of the parties at the end of the journey is evidence of its purpose, and the trial court was warranted in considering such facts in the determination of their guilt. Womble v. United States, 9 Cir., 146 F.2d 263; Brent v. United States, 5 Cir., 131 F.2d 861; Kelly v. United States, 9 Cir., 297 F. 212.
To be sure, the appellant testified to facts which, if believed, explained all of his acts and exculpated him from any wrongful purpose so far as the offense charged is concerned. But it was the function of the trial court to determine whether the appellant transported or assisted in the transportation of the girl across the state line in order to make possible, or to facili[710]*710tate Gibson’s wrongful purpose; or whether the appellant and Gibson .entered into a conspiracy before crossing the state line, into Oklahoma to induce or compel the girl to have intercourse with Gibson. These are questions which lie in the realm of fact, of which the trial court is the first and best judge. It was the function and province of the trial court to observe the witnesses on the witness stand, and their conduct and demeanor while testifying; appraise their credibility, weigh the evidence, and resolve the conflicts and circumstances. It is not the function of this court on appeal to weigh the evidence and resolve conflicts. Our duty is limited to a determination whether the findings of guilt are supported by the evidence. Rogers v. United States, 10 Cir., 129 F.2d 843. In these circumstances, we cannot say that the trial court was not warranted in finding that at least one of the purposes of the interstate transportation was to engage in conduct outlawed by the Act.
The appellant also complains of the refusal of the trial court to grant him a separate trial, and of the latitude allowed the District Attorney in the examination of Rama Lou. It is of course true, as the appellant admits, that generally the trial court has a wide discretion in the matter of granting separate trials for defendants jointly charged. Waldeck v. United States, 7 Cir., 2 F.2d 243; United States v. Cohen, 2 Cir., 124 F.2d 164. Here the case was tried to the court without a jury, and there is nothing in this record to show that appellant was in any way prejudiced by the consideration of his guilt along with his codefendant upon the same testimony.
The trial court did allow the United States Attorney a rather wide latitude in the examination of the witness, Rama Lou, but in view of her tender years, her sex, and the nature of the case, the matter rested in the sound discretion of the court, and no abuse of that discretion is shown on this record.
The judgment is affirmed.