Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-22

The outcome OF the prosecution
and trial for conspiracy Of the Ward
Four, Portland. officials is n disap-
rointment to me-" declared Governor
Baxter in a statement issued Tues
day. The attorney general. MIR.
Shaw, his deputy. Mr.. Robinson. and
the county attorney. Mr.. INGALLS,,
handled the cases well, and had reas-
on to be hopeful of verdict of gull
~ from the jury. at least az to sew
eral of the respondents.
The verdict Of Not Guilty" rem
dored upon the direction of the Judge
frees the respondents from any pros
ecution hereafter in connection with
the Ward Four ballots. For all prac-
teal purposes they have been given
n clean bill of health. and cannot be
put in jeopardy again on the same
charge continued Governor Baxter.
where does this leave us, and
what of tic future? There was a
serious crime committed by some one
or more persons. and the ballots were
tempered with. There is no doubt
about that. The judge himself says
No one questions that the evidence
here disCloses that there was most
gross and ineXCusable Justification of
the returns" The ballots were in the
custody of the Ward Four officials.
and no evidence appeared that they
ever were out of their custody. AZ
the lawyers would say. these officials.
or some of them. had tic exclusive
opportunity" and evidence was pre-
scented to show n motive to commit
the crimes charged against them.
I'm the future If group OF election
officials do wrong, and il cannot he
shown definitely just which individ-
uals actually did so, although theirs
was the exclusive opportunity. all
can escape responsibility. That Is the
precedent that has been established.
Under the circumstances Conspi-
racy was the only charge that could
he brought. Fraud usually Is commit
ted in secret, and II is almost impos-
sible to SECURE direct evidence from
anyone who witnesses n fraudulent
act. AS the judge said. 1T GraudD
has to he done that way In my
opinion the outcome of this case liz
most unfortunate, for II shakes pub
lie confidence both In our election
officials and in the power OF the state
to punish criminal acts.
Il am disturbed nj the outlook, for
corrupt election officials now are like
~ to consider themselves able to de-
fy the law and 10 escape punishment.
The Portland officials have been re-
qucsted by the City Council to re-
sign and | have not heard that they
have complied with that request.
They cannot be ousted. and IL they
were. no doubt they wouln lie re-
elected by triumphant majorities by
their Ward -Four supporters. This
makes n vicious circle and the hands
OF justice seem to be tied by circum-
stances.
I'm justice TO the proceeding offlc-
ials 1 want to say that | have conf
dence in them and believe they did
their full duty. That the Judge Of our
Cumberland County SUPERIOR Court
is man of unimpeachable character
and legal learning is recognized by
all. 1t goes without saying that he
acted solely according TO his own
convictions, and we all respect him.
His decision shows that he Is entirely
willing to. and did take full respon-
sibility for disharging the Ward Four
officials. He, and not the Jury or
Prosecutors. settled the case. Tho
judge relied on the law. he did not
pass on the facts. / want Deople tn
understand this clearly.
Il make this statement because
there Is much loose talk going about
on this matter. Some thoughtless
and critical persons from the first
have alleged that the Gaze waste be
'whitewashed' by the prosecuting Of
hcers. and / am In receipt of numer-
GUS letters making such charges.
They are unwarranted. Every effort
was made to convict these Ward
officials, the cases were well prepared
and were tried with care and ability.
The Judge tntcrvend, as the law al
lows him to do.
THE Ward Four crime goes I'M
punished, the officials continue n. Of
flee and the people are disturbed. I
had hoped to see the guilty men pun
ished. whoever they are and however
exalted their position. There are
many injustices in the world: guilty
men escape. innocent men are pun
ished. but public officials can but do
their best In each case. -
THE present incident r. closed.
The next Legislature, however, can
revise our primary and election laws
and impose penalties upon negligent
and unfaithful officials even though
no conspiracy can be proved. At
least in the future we can in part
avoid the repetition Of the Ward Four
scandal"