The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-05
ANXIOUS TO GO TO PRISON
MaXimilian Falk May BE Sent to
Moumdsyille This Week.

Convicted Of Violating the Edmunds
Act-Absent During His Trini-
Wants to Begin His Term at Once
aud Offers to Pay His Hallway Fare
Maximilian W. Falk who was con-
victsd of violation OF the Edmunds law
about two years ago, and sentenced to
six months Imprisonment viii probably
leave Washington tomorrow for the peni-
tentiary II MoundsvilIe, ". Va. His is
peculiar case. and If he had his own way
he would have been I'm the penitentiary
several days ago. 1t is said he is 50
anxious. now, 10 begin the service of
his term OF Imprisonment that be offered
10 pay his own expenses to Moundsviils.
The District Attorney viii probably order
Fax TO appear in court tomorrow, prior
to his being turned over to the custody of
the United States marshal for the Dis
trict
FaIks trial. which took place in Crimi-
nal Court NO. J. before Justice Cole. was
sensational, I'm the fact that ON the second
day Of tine proceedings he fed from the
jurisdiction ard a verdict was rendered
against him in his absence The trial
was begun on the second Monday in Janu-
arv. 1924. and Fallz who was at large on
q defence to the charge against him. Dur
ing the day the testimony offered by the
Government was very damaging to Falk's
chances of securing an acquiual. On 'he
morning following the first days proceed
ings his counsel astounded the court and
the assembled spectators by announcing
that Falk had left the jurisdiction and
would not appear for trial. This informa-
tion, Falk's counsel stated, he had re-
ceiYed from the defendants wife, who at
an early hour Of the morning informed
hin that her husband had left the city.
Falk's counsel then asked the permis-
sion OF the court to withdraw from the
case. This request was granted by JUS
tice Cole, who, al the same time. ordered
the trial 10 be proceeded with. This was
done, and the Government soon closed its
side of the case. There was no evidence
offered on behalf Of the defence, and the
case was submitted to the jury. which
rendered a verdict Of guilty. Sentence
however. was not imposed until some
months later.
Within the prescribed time Mrs. Falk
employed new counsel and a motion FOR
a new trial was filed on behalf Of the alb
sent defendant. Justice Cole declined 10
hear the motion until the defendant was
produced in court, and final action on the
matter vas postponed. About four months
after his conviction, FaIk was arrested
in New York. and brought back 10 Wash
ington The motion for new trial was
then renewed, and. after argument, was
overruled by Justice Cole, who then sen
te1ced Falk to Imprisonment in the peni-
tentiary for a period of six months His
counsel took an appeal to the Court OF
Appeal and gave bond in the sum Of
S8GC0 to await the result That tribu-
nal affirmed the judgment Of the trial
court A petition for a writ of eertioraIi
was then fled by Falk in the Supreme
Court Of the United States for the pur-
pose of having that court review his case.
There the matter rested until about two
weeks ago, when the Supreme Court Of
the United States denied the petition for
a writ Of certiorari, and also affirmed the
finding OF the Court Of Appeals for the
District.
At the time the final decision was made
against Falk, il is said he was conducting
a confectionery business in New York.
IIef came to the city on Monday last and
was seen al the city haH Since then il
is stated h has been in consultation with
his counsel relative 10 his trip TO the peni-
tentiary At the time Of Falk's 5 arrival
in the city. the mandate OF the Supreme
Court Of the Jnlted states had not Fe-cll-
ed the Supreme Court of the District. 50
no action was taken in the matter, Falk's
bondsmen being responsible for his ap-
pearanCe when wanted.
II is said that the reason that Faik
does not wish TO be sent To the peniten-
tiarv along with other prisoners from the
District Jail is that he objects 10 being
handcdded 10 any one of them. lie Fis-
tied the Jail on Friday last and had talk
with Warden Harris in the hope Of deYis-
ing some plan by which be might escape
the humiliation Of a ride 10 Moandsviile
linked TO some other prisoner He was
not able. however. TO devise any scheme
which would help him.
Before Falk was arrested on the charge
Of which he was convicted he conducted 4
confectionery business on Eleventh Street
between Z and T Streets northwest. 1t
is there it is SAID he committed the
offence Of which Re was found guilty. His
victim was a girl, nearly sixteen years Of
age. whom he met in the summer Of 1881,
al one OF the Potomac River pleasure re-
sorts After their meeting the girls par
ents objected to Falks attentions 70 the
child and she was sent to boarding
school out OF the city. She returned home
on q visit AZ Christmas time and almost
Immediately on her return to the city
renewed her acquaintance with Falk.