Cleary

This is an appeal from an order of the district court denying appellant’s motion for a new trial upon the'ground of newly discovered evidence, based upon Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, as follows :

Appellant had been convicted and sentenced for violation.of the Act of June 25, 1910, ch. 395, § 2, 36 Stat. 825 , 18 U.S.C.A. § 398 , known as the Mann Act.

The indictment charged “that James Russell Cleary, alias Jim Cleary, on or about January 5, 1945, in the Northern Division of the Western District of Washington and within the jurisdiction of this Court, then and there being, did then and there knowingly, willfully and unlawfully and feloni-ously transport and cause to be transported a certain woman, to-wit, Gweneth Norma Langford, in interstate commerce from White Rock, Province of British Columbia, Dominion of Canada, to Blaine, Washington, for immoral purposes, to-wit, for the purpose of prostitution and debauchery; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.”

The affidavits in support of his motion for a new trial strongly tend to…