Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-07
WANTS TO FORGET PAST
Was Conveyed to His Home in Huge
: Automobile.
;sTION REGARDING FINE
Prison Officials Released Him Not
withstanding the Legal Point
Raised-His Future.

Cling with the crowds of passengers ieaV-
ing the Union station, to all appear
.anc6s a typical travelling man. August
w. Machen. convicted four years ago of
conspiracy in connection with frauds In
the Post Office Department, returned to
the Capital city the scene of the greatest
-trjumphs of his remarkable career in the
government service and the theater. Also
of his subsequent degradation at 12:D
O'Clock this afternoon. He was released
from the penitentiary at Moundsvilfe, w.
Va at a little after l. o'clock last night
f,pon the termination of his two full
terms of two Years each, less the custom
arv allowance of one week in each month
for good behavior.
In compliance With his wish there were
no members of his family and none of his
SneciaI friends at the prison gates to meet
u m at the hour of liberation. and he
N alked practically unattended to the rail
road station and boarded the through
sleeper for Washington. leaving MOUNDS.
!, lie at 1870 o'clock this morning. All
4 le way to Washington Mr.. Machen es-
capped the morbidly curious gaze or felio"
Passengers, because he was recognized py
only one man. former newspaper re-
porter in this city.
Friends at the Station.
- MANY nersons had learned of Machen's
,roposed return to Washington today, at
The expiration of his term. and several
IF his friends who had chung to him even
IN the period of greatest adversely were
ut the Union station to meet the incoming
express at the noon hour. For each OF
them Machen had a quiet handclasp, but
the greetings were not sufficiently pro-
.longed to even family resemble formal
reception. One party of friends had pro-
rided big touring car. and Mr.. Machen
was carried to his home in 18th street
northwest in that vehicle.
( In brief interview the eX-official
seemed most optimistic for the future,
,:,nd. more than anything else, he was
delighted at regaining freedom. He said:
:. "Of course, ] am very glad to return to
my family and friends. who have stood
=.by me SO steadfastly during the dark
<days of my trouble and misfortune. 1t Is
:oy purpose to forget the past, at least
Us to its unpleasantnesses, and to busy
myself at once with plans for the future
igfy health is very good-in fact, it never
1Ias been better, thanks to the cOnsid-
ltrate treatment l received from the prison
Officials. who permitted me to keep my
.self occupied, early and late, with my
grateful TO these gentlemen.
: Il will devote a few weeks to rest and
visiting relatives and friends. and then 1
expect TO engage in some business UNDER
taking or pursuit for which plans are be-
ang perfected
:. Hitch Regarding His Fine.
: Only one incident occurred in Machens
.iast day Of Imprisonment to mar the
otherwise happy occasion for him. and
CHAT arose over the legal phase of the
.,non-payment of the $4,000 fine which
- t.
.sno funds to meet such an extraordinary
~oxpense, and, while the contingent re-
..;auirement in the law, which specifies that
"a prisoner unable to pay fine may be
detained thirty days longer while investi-
.eation Is made concerning his real ability
10 meet the monetary phase of sentence.
had not been overlooked, there was no
thought that Machen would be kept be-
..hind The bars for that additional perlou.
The prisoner himself. in discussing this
question a few days ago. said: There is
d statute which requires the detention of
n prisoner for thirty days for non-pay-
Inent of fine, but in the case of Frank
$. Richardson Judge Dayton of the
United States court for the northern dis
trict of West Virginia held that it is
illegal TO confine in the penitentiary
solely for the non-payment of fine.
This opinion, I am sure. will control in
my case. the prison authorities acting
along the line indicated by their legal
adviser"
And Machen was happily arranging the
details for his departure yesterday MORN
ing when the threatened hitch occurred.
His personal belongings were packed.
and he had taken from his desk the blank
forms and slips he had invented. part Of
he improved system of prison administra-
tton which was installed under his direc-
ton. and filled in his name in the blank
spaces provided for prisoner about to
lie discharged, when Capt. Dawson. the
warden, broke the news that one of the
resident directors had raised the question
.oc the fine.
Appeal to Judge Dayton.
Machen was almost overcome by the
prospect of delay. In the emergency the
warden communicated with Judge Dayton
ny telephone, and the latter referred him
{ TO Judge Reese Blizzard, United States
attorney for the northern district of West
Virginia.
Judge Blizzard, it is said informed
he warden that 1t might not be advisable
10 release Machen solely upon the
strength of Judge Dayton's decision. be-
cause the Department OF Justice In the
Richardson case had taken an appeal to
the United States Supreme Court. and the
finding OF this tribunal has not yet been
announced. The record in the Richard
son case shows that the prisoner secured
mis- release by habeas corpus proceed
ings.
During the day efforts were made TO
reach the Department of Justice by
telephone. but without success, and it
was finally decided that. in the absence
of any instructions to the contrary from
: the department before midnight, the hour
of the ending of Machens term. the pris-
s.1ner should he released. No commune
cation came from the department. and
at midnight Machen walked from the
penitentiary, a free man.
The Decisions Differ.
II was stated at the Department of JUS
stice today that application in the Rich
,:trdson case referred to. which was cited
he fore Judge Dayton, Vas based upon a
case in California, known the Green
walt case. 1t was held i'm that Green
waltz decision that the trial court could
not add fine TO the maximum penalty
provided by the section violated
The department directed the United
States district attorney for the northern
district of West Virginia to appeal from
Judge Dayton's decision, which appeal
is still pending. February "a. 1905. an
appeal for the release of a convict in the
Atlanta penitentiary based upon the
California decision. came up for hearing
before the United States court in Georgia.
1t was argued that the court should not
incorporate in the Judgment the words,
and in default of payment of said fine
10 stand committed further until paid.
The Georgia case. an application for
writ of habeas corpus, was decided al
versely to the prisoner. This differs rom
the decision of Judge Dayton.