Pierce v. United States , 146 F.2d 84 ( 1944 )

McCORD, Circuit Judge.

An indictment in eleven counts was returned charging Joel Thomas Pierce with peonage. The jury returned a verdict of guilty on counts 1, 2, 5, 6, 7, 8, and 9, and not guilty on counts 3, 4, 10 and 11. Pierce was sentenced to pay a fine of $500 and to serve a term of eighteen months imprisonment on each count, the prison sentences to run consecutively.

The evidence shows that Pierce operated the Lone Star Club, a road house located approximately 20 miles from Savannah in Bryan County, Georgia. The club building was a two-story structure, with bed rooms upstairs, and dance hall, bar and whiskey package shop downstairs. Individual cabins, which might be used for sleeping quarters, were located in the rear of the building. Meals, sandwiches, and drinks were served at the club, and whiskey was sold from the package shop. A number of girls and young women were employed by Pierce to attend the bar, act as waitresses and hostesses, and dance with the customers.

In each count a different girl is alleged to have been held in peonage by the defendant, and each one so named and designated testified as a witness on the trial. The evidence shows that the girls and young women employed by Pierce were required against their wills to engage in acts of immorality and to practice prostitution at this road house. On many occasions the defendant commanded the girls to fill dates with men, he having already made arrangements and collected the money therefor. At times these acts took place in the cabins and on other occasions in the bed rooms upstairs over the club.

The defendant secured two girls from the Georgia State Prison at Reidsville, Georgia, obtaining their release upon payment of their fines. He bargained with these women to repay him by working at his road house. They were then taken by Pierce to the club for the purpose of working as waitresses and hostesses, but were required to commit immoral acts while there. After remaining at the road house a few days they finally had the opportunity to complain to a deputy sheriff of Bryan County, and informed him that they were being held against their will by Pierce, whereupon warrants were issued in Bryan County in the state court to be used by the deputy sheriff in effecting the release of the girls from the road house. Complaint was also made by one of the girls to the Federal Bureau of Investigation.

The evidence further shows that when .girls were employed by the defendant, it was his practice to immediately purchase dresses and other wearing apparel for them, and that when they would request permission to leave the place he would refuse to let them go, telling them they were indebted to him for clothing which he had purchased. Some of the girls were subjected to physical violence and for this reason they were afraid of Pierce; afraid to undertake to leave his place, being apprehensive for their own safety.

In counts 2, 5, 6, 7, 8 and 9, each of the named girls testified that she was held by the defendant for debt, and that he refused upon request to permit her to leave his employ at the road house.

In Count 2, the girl named as being held in peonage testified that she was there with her sister for two months, and Pierce told her that she could not leave but had to stay there; that he had bought clothes for her and said that she owed him for the clothes; that she had to work for him; that she filled dates with men; that money was passed for these transactions, that Pierce took the money. “I know he got it because I gave it to him $10 at a time. I asked him to let me go several times and he told me I couldn’t leave and that I would have to stay there and work for the clothes he had got me. * * * ”

The girl named in Count S testified: “I worked for him, (Pierce) in March of this year. I remained there about two and a half or three months; I was not satisfied to stay there, but I was afraid to leave, he held out so many threats, that he would beat us; I asked him to let me. leave and he said he wouldn’t, that we were in debt to him. * *

The girl named in Count 6 testified: “I asked him several times to let me go home but he wouldn’t do it, said I owed him money, had to stay there and pay it; I don’t think I owed him anything; I think he was to pay me $8.00 a week and a percentage ■ on the victrola, but he didn’t pay me any of it. How I got away, he, went to Swains-boro to get more girls to work for him and I made like I had to go to get some mayonaise and got the money to get it and came on to Savannah, * *

The girl named in Count 7 testified: “I was against filling dates with men and he beat me upstairs in my room; he come in there; he didn’t beat me very bad but it didn’t feel so good for some man to be beating on you with a boot; after that happened I asked him if I could leave and he cursed me and wouldn’t let me go and wouldn’t let me write my mother; * * * Mr. Pierce bought me an Easter suit when I went out there; I was supposed to work and pay him back, and I put enough in that pianola to pay him for two or three suits. When I wanted to get away he said I owed him money and tell the rest of the girls I owed him. I was just afraid to leave; he was gone lots of times while I was there, but I was afraid to leave. * * *»

The girl named in Count 8 testified that she and her sister were in prison at Reids-ville, Georgia; that Pierce came out there on Sunday and talked to them. “He said then he would get us out and we could work it out with him; he said he wanted us as waitresses, said he had a restaurant; he paid us out, $25 for each of us, and he said it cost $100 to spring it besides the $25 apiece; and he paid us out and carried us to his place, the Lone Star Club; I worked behind the bar some, selling drinks, and my sister entertained men, we both did; he told us to fill dates with men; we did that because we had to; it was not voluntary on my part, it was against my wishes; I did not see any money pass on my part, but I saw three men give Pierce $30.00 for three girls to go off with them. * * * My sister finally took out a warrant for me, and a deputy sheriff came and got me and also got (two other girls) and took us to the court house and we were questioned. I did not give bond, I did not try to, I did not want to; some of them said Mr. Pierce said he would go on our bond if we wanted him to but (one of the girls) and I stayed in jail; I did it because I didn’t want to go back down there; I was leaving there for good; I was not turned out of jail, they brought me up here to the hearing in this charge against Mr. Pierce and I testified in that preliminary hearing. Yes, sir; Mr. Pierce had a pistol, I saw it; * * * i was geared of him. * *

The girl named in Count 9 testified that she was in prison at Reidsville, Georgia, and that her sister was in there with her, each was serving a sentence for vagrancy; that they agreed to go and work for him, and he “told us the place was a nice place and all like that; that he had a bunch of nice girls who had been working there for him for years; on the papers it cost $25 apiece to get us out but Mr. Pierce told me he paid an extra $100 to spring it, that would be a total of $150 he paid; he carried us out there in his car to his place. * * * The reason I left was he wanted all of us to fill dates with men; I mean by that one night a man came there and Mr. Pierce told me to go out to a room with him and I asked him what for and he said ‘You go into the room, I already have the man’s money;’ he did not tell me how much money he had and I then told him I didn’t fill dates to keep myself up and I didn’t intend to fill dates to keep men up, and he said if I didn’t he would beat me up, and so I went on in the room then and filled the date; I went in the room because I was afraid he would beat me up, and that was because I had seen him beat up other girls. * *

No good purpose could be served by following the evidence further, since it winds its way through the record making a sordid narrative of degradation and shame. „

Peonage is a status or condition of compulsory service or involuntary servitude based upon a real or alleged indebtedness. Bailey v. Alabama, 219 U.S. 219, 31 S.Ct. 145, 55 L.Ed. 191; Clyatt v. United States, 197 U.S. 207, 25 S.Ct. 429, 49 L.Ed. 726; United States v. Clement, D.C., 171 F. 974. In a prosecution for peonage, the law takes no account of the amount of the debt, or the means and method of coercion. It is sufficient to allege and prove that a person is held against his will and made to work to pay a debt. Bernal v. United States, 5 Cir., 241 F. 339; Taylor v. Georgia, 315 U.S. 25, 62 S.Ct. 415, 86 L.Ed. 615; United States v. Gaskin, 320 U.S. 527, 64 S.Ct. 318.

In a prosecution for peonage, as is generally true in criminal cases, evidence of the prosecuting witness, if believed by the jury, may be abundantly sufficient to support a conviction. Bernal v. United States, 5 Cir., 241 F. 339. Here, in Counts 2, 5, 6, 7, 8 and 9, the evidence of prosecuting witnesses was sufficient to show that Pierce had forced these girls to work against their wills, claiming the work was for debts which they owed to him.

We are of opinion and so hold that the evidence is not sufficient to support the judgment as to Count 1 of the indictment, and it is, therefore, reversed.

The judgments on Counts 2, 5, 6, 7, 8 and 9 being supported by the evidence, and in accordance with the applicable law, are in all respects affirmed.