People v. Southwell

[431]

JAMES, J.

Appellant after conviction before a jury was sentenced to serve a term of imprisonment in the state penitentiary. He appeals from the judgment and from an order denying his motion for a new trial.

The indictment under which appellant was tried charged that, while acting as marshal of the city of Imperial, he received from one Coulter twenty dollars as a bribe upon the understanding and agreement that he would not arrest certain women of ill repute who were residing in and “plying their trade” in the city of Imperial and in the house of one Mrs. Martin. It was charged that the money was paid with the understanding that the agreement mentioned should be in force for a period of one month. The crime was alleged to have been committed on or about the fifth day of June, 1914. The man Coulter, being called as a witness, testified that he had an understanding with appellant that, in consideration of the payment of certain money by the inmates of houses of prostitution, appellant would refrain from arresting such persons of ill fame; that he (Coulter) agreed to make the collections of the money with the further understanding that he would be allowed by appellant to operate a “blind pig,” or, in other words, to sell intoxicating liquor in violation of law. He then testified that on or about the fifth day of June, that being the time charged in the indictment, he collected twenty dollars from Mrs. Martin, who was a keeper of a house of prostitution, ten dollars being paid on behalf of the said Mrs. Martin and five dollars each on behalf of two other inmates of her house; that this money he paid over to appellant pursuant to the understanding hereinbefore set out. In support of this charge, as to the specific date mentioned, Mrs. Willie Martin testified in corroboration of Coulter, as did also Rena MeMonagle, who was an inmate of the house at the time the money was alleged to have been paid. The prosecution was allowed then to introduce the testimony of several witnesses to the effect that on various occasions, going back to a time early in the year 1912, money had been paid by inmates of houses of prostitution to appellant in consideration that the persons paying the money should enjoy immunity from arrest. Defendant, on his own behalf, denied

in toto

the testimony of Coulter and the other witnesses who had testified as to payment of the money for the illegal purpose, and declared that