Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-07-29
GOVERNOR AND COUNCIL
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support for his aged parents. This con-
dition was made a part of the pardon
granted.
D Andrea's Pardon
Semblise D'Andrea was charged with
granddaughter following the killing of
Victor Morcania at D'Andrea's home at
103 Fore street. Portland, and at the jan
uary term Of the superior court in 1911
he entered a plea of guilty. Morcania.
trouble for him and other boarders and
was told to depart. This Morcanio refus-
ed to do and, according to the dispositions
Of witnesses as read by Attorney Harry
H. Camel Of Portland. representing the
petitioners. when D'Andrea insisted he
attacked him and one or more of the
boarders In the house at the time. In a
minute the lamp on the table was over
turned throwing the room into darkness,
two shots were fired in the dark, and
when light was brought Morcanio, a
powerful and much feared man. was
found fatally wounded. Attorney Cam
nell argued that D'Andrea actel in self
defence and asked that he be pardoned
that he might go to Rochester. N. Y, to
care for his wife, who, though she Is
seriously ill, is trying to support the
child. The pardon was granted with the
condition that D'Andrea leave the State
as promised.
The Bristol Referendum
The proponents and opponents Of the
referendum petition on the act to divide
the town Of Bristol were represented at
the afternoon session of the Governor
and Council by eminent lawyers who ar
gued the case before Gov. Curtis, whose
decision in the matter will be final &C
cording to law. The proponents of the
petition were represented by George w.
Heselton of Gardiner, and the opponents
by Arthur S. Littlefield of Rockland and
Hon. Cyrus r. Upper of Boothbay Har-
Dor. The question OF the validity of GER
tain sections Of the petition was argued
for over two hours.
Attorney Littleield contended that
certain petitions forming a part of the
whole referendum petition were not in
proper form and pointed out technical
deficiencies in the manner Of vertical
ton and certification. He would throw
OuI 1871 signatures IL upHeIU IN MS
argument, and, as the total number
counted is only 10.245, the throwing
out OF 246 signatures would invalidate
the petition.
Attorney Heselton argued that a
liberal construction should be placed
upon the directions for filing the pc
titions and declared that these direc-
tons are not mandatory. He asserted
that it is enough if the terms Of the
petitions be understood and that they
should not be thrown out because of
trivial technicalities. He read an
opinion given by Ex-Chief Justice
William Penn Whitehouse supporting
his argument in favor of liberality and
his statement that strict compliance
with the directions for preparing the
petitions is not necessary to validity
and that errors of a technical nature
can be corrected after the petitions
are filed.
The final decision lies in Gov. Cur
tis' hands. Just before leaving Angus
ia Wednesday night, he told Jour-
nal representative that, inasmuch as
the case appears to him to involve
question Of fact rather than of judg-
ment, he may ask the supreme court
for an opinion before giving his word
disposing Of the matter.