The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-05
ANXIOUS TO GO TO PRISON
Maximilian Falk May BE Sent to
Moundsville This Week.
Convicted of Violating the Edmunds
Act-Absent During His Trial
Wants to Begin His Term nt Once
and Offers to Pay His Railway Fare

Macmillan W Falk, who was con-
victed of violation Of the Edmunds law
about two years ago, and sentenced to
six months Imprisonment, will probably
leave Washington tomorrow for the peni-
tentiary at MouIdsville, W. Va. His is
peculiar case and if he had his own way
he would have been in the penitentiary
several days ago It is said he IS 50
anxious. now, to begin the service of
his term OF Imprisonment that be offered
to pay his own expenses to Aoundsviils.
The District Attorney will 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.
Falk's trial. which took place in Crimi-
nal Court No. /. before Justice Cole. was
sensational, in the fact that on the second
day OF the proceedings he fled from the
jurisdiction and verdict was rendered
against him in his absence. The trial
was begun on the second Monday in Janu-
ary. 1921 and Fall5. who was at large on
bond. came into court apparently to make
a defence TO the charge against him. Dur
ing The day the testimony offered by the
Government was very damaging to Falk 5
chances of securing an acquittal. On she
morning following the first days proceed
ings his counsel astounded the court and
the assembled spectators by announcing
that 'alk had left the jurisdiction and
would not appear for trial. This inforna-
tion, FaIk's counsel stated. he had re-
ceived from the defendants wife, who at
an early hour of the morning informed
him that her husband had left the city.
FallSs counsel then asked the permis-
cin Of ha n wit "
case. This request was granted by Jus
tice Cole, who, at the same time, ordered
the trial TO 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 verdict of guilty. Sentence,
however. was not imposed until some
months later.
Within the prescribed time, Mrs. Falk
employed new counsel and motion for
a new trial was filed on behalf of the ab-
sent defendant. Justice Cole declined to
hear the motion until the defendant was
produced in court, and final action on the
matter vas postponed. About four months
after his conviction. Falk was arrested
in New York, and brought back TO Wash
ington. The motion for new trial was
then renewed, and. after argument, was
overruled by Justice Cole, who then SEN
fenced Falk TO Imprisonment in the peni-
tentiary for d period of six months His
counsel took an appeal to the Court of
Appeals. and gave bond in the sum Of
$500 to await the result. That tribu-
nal affirmed the judgment of the trial
court. A petition for a writ of eertioran
was then filed 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 certiOrsri. and also affirmed the
finding Of the Court OF Appeals for the
District
At the time the final decision was made
against Falk. it is said he was conducting
a confectionery business in New York
IIel came TO the city on Monday last and
was seen at the city haii. Since then il
is stated he has been in consultation with
his counsel relative to his trip to the peni-
tentiary At the time OF Falk's arrival
in the city, the mandate Of the Supreme
Court of the United States had not reach
ed the Supreme Court of the District, 50
no action was taken in the matter. Falk $
bondsmen being responsible for his ap-
IL is said that the reason that Falk
does not wiSt. to be sent to the peniten-
tiary along with other pT1soneIT rom the
District jail is that he objectt to being
handcaffe1 TO any one of them. he vis-
tied the Jail on Friday last and had a tax
with Warden Harris in the hope Of devils
ing some plan by which he might escape
the humiliation of a ride TO Moundsville
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 a
confectionery business on Eleventh Street
between + and + Streets northwest. 1t
is there il is said, he committed the
offence Of which he 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 Faik's attentions 70 the
child and she was sent 70 boarding
school out of the city. She returned home
on a visit AZ Christmas time and almost
Immediately on her return to the city
renewed her acquaintance with Falk.