Kelly

This is a writ of error to review a judgment of conviction under the White Slave Traffic Act ( 36 Stat. 825 [ 18 U.S.C.A. §§ 397-404 ]). The errors assigned have been summarized as follows: Error in the admission of testimony, insufficiency of the evidence to justify the verdict, error in the refusal to instruct as requested, misconduct of one of the jurors, and incompetency of the same juror.

We will first consider the objection to testimony, for, if the testimony complained of was competent and relevant, its sufficiency to support the verdict does not present a debatable question. It appears from the testimony that two women journeyed from Seattle, Wash., to Anchorage, Alaska, at the instance of the plaintiff in error, the one to sing and the other to play the piano, in a pool and billiard *217 hall, bowling alley, and place of amusement operated by the plaintiff in error at the latter place. The court admitted testimony, over objection, tending to show the acts and conduct of the two women and the plaintiff in error, immediately after the arrival at Anchorage, and the admission, of this class of testimony is the error assigned. The burden was upon the government to prove that…