Hugo Black

“ The widespread success achieved by courts throughout the country in conciliating family differences is a real indication that some apparently broken homes can be saved provided no unforgivable act is done by either party. Adverse testimony given in criminal proceedings would, we think, be likely to destroy almost any marriage. ”

“ In response to questions by the Assistant United States Attorney she swore that she was petitioner's wife and that she was a prostitute at the time petitioner took the prosecutrix to Tulsa. Not wholly satisfied with this testimony the prosecutor brought out for the first time on redirect examination that 'Jane Wilson' had been a prostitute before she married petitioner. The mere presence of a wife as a witness against her husband in a case of this kind would most likely impress jurors adversely. ”

“ More recently, Congress has confirmed the authority asserted by this Court in Funk to determine admissibility of evidence under the 'principles of the common law as they may be interpreted * * * in the light of reason and experience.' Fed.Rules Crim.Proc., 26, 18 U.S.C.A. The Government does not here suggest that authority, reason or experience requires us wholly to reject the old rule forbidding one spouse to testify against the other. ”

“ In construing this Act, we have held: 'The statute thus aims to penalize only those who us interstate commerce with a view toward accomplishing the unlawful purposes. * * * An intention that the women or girls shall engage in the conduct outlawed by Section 24 must be found to exist before the conclusion of the interstate journey and must be the dominant motive of such interstate movement. ”