Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-02-27
PARDON PLEA
(Continued from Page One)

ing not less than two years nor
more than four years in the State
prison for accepting money from
prostitute: and Francis A. Vannah,
in prison for a life sentence for the
murder of Edward Hardy.
The two pardon cases heard yes
terday and continued for. decision
were those of Myrtle NJ. Dore Of
Harmony, who is serving not less
than five nor more than 10 years
at the State women's reformatory
at Skowhegan for manslaughter in
causing the death of Beatrice Dore,
who died from the effects Of an i'll
legal operation; and Harry NJ. Cole
of Rockland. serving not less than
IS months nor more than 80 months
in States prison for adultery.
Tuesday was an unusually busy
day for pardon hearings before the
Governor and Council. the cases in
open session extending late into the
afternoon and the deliberations of
the Governor and Council in eXecu-
tive session consuming about two
hours.
The Vannah Case
The plea for the pardon of Fran
els A. Vannah was argued by At
torney Melvin +. Sawtelle of Au-
gusta. Mr.. Sawtelle read the petit
ton in which Vannah set forth that
| he believed that he had contracted
tuberculosis and that his presence
! in a crowded institution like the
state prison Constitutes menace
| to the health of the other prisoners
| under the existing conditions there;
| further, that he is informed that
the National Home for Disabled Vol
| unteer Soldiers, Eastern branch. To-
! Gated at ToGus, is open to him in
case his pardon be f..anted.
Mr.. Sawtelle stated that on ac-
count Of Vannahs age, II years, and
; his feeble physical condition that
! further confinement may result in in
creased suffering to the man and
that the Sovereign State does not
! wish to violate any duty that it
owes to the prisoner; and that the
! State also owes a duty to the other
prisoners, to make conditions such
that they will not be liable to con-
( tract the germs of tuberculosis. The
, attorney declared that lie did not
!. question Vannahs' guilt nor tht
blackness of his crime, but that the
State owes duty to prisoners tC
exhibit to them certain quality OF
paternalism to show that it does
not wish to appear in the g0ise Of Z
relentless tyrant. Y
A letter was presented from Dep
uty Attorney General William II
Fisher. who was county attorney OF
Kennebec county at the time OF
Vannah's trial in 1915. and who de-
A.: clared that considering the mans
physical condition he mas no objec-
ton to the granting of the pardon
! Letters were also offered from l.. ID
| Eaton, warden at the prison: Frank
! J. Ham, former warden; and DIR. AL
bert Head. prison physician. re-
garding the good conduct and feeble
condition of the prisoner.
Case of Harry M. Cole.
James i. Perkins of Augusta, OF
the law firm of Pattangall, Locke 4
Perkins, appeared in behalf of the
pardon of Harry NJ. Cole Of Rock
land, who with Lois NJ. McCauley OF
! that city were convicted of the crime
of adultery. The evidence in the
case was reviewed to some extent by
Mr.. Perkins, who argued that there
was a lack of strong and reliable
evidence to show the guilt of Cole
and that following an appeal for a
new trial on the ground of newly
discovered evidence the law court
! had handed down reScript holding
! that the court after final Judgment
: for the State had no further juris-
! diction in the matter. Thus Harry
! NJ. Cole can never have the chance tC
; present the newly discovered evil
dence to the jury" said Mr.. Perkins
The newly discovered evidence
was the statement of Paul Lachance
! Of Rockland. who said that he was
/ the author of certain letters, alleged
to have been written by Mr.. Cole to
! Mrs. McCauley, and upon which the
! States case rested to no small eX-
tent.
There is no question that If Mr..
| Lachance had been available at the
trial the verdict would have been
different" said the attorney.
Petition Of Myrtle M. Dore
The next case taken up was the pc.
| tition of Myrtle NJ. Dore of Harmony,
convicted of manslaughter in causing
| the death of her daughter, Beatrice
Dore. who died from the effects of an
| illegal operation. Mrs. Alice Libby, SUI
perintendent of the State reformatory
| for women at Skowhegan, in asking
| for the pardon stated that Mrs. Dore
has been an exemplary inmate of the
/ institution, but on account of her i'm
\ paired physical and mental condition
| the woman is in danger of physical
| and mental breakdown.
Granting Of the pardon was opposed
| by James II. Thorne Of Madison. coun-
| ty attorney of Somerset county, who
said that Mrs. Dore had been ably de-
| Tended in court. had been found gull
| ty and the law court had sustained
the verdict. and that unless It could be
shown that Mrs. Dore's condition was
| such as had been described by Mrs.
| Libby, he felt he could not do other
| wise than oppose.
Mrs. Libby stated that Mrs. Dore is
| worrying to a great extent about her
| family, her husband. his aged mother
and n four-year-old adopted daughter.
| She further asserted that the physi-
| clan who had first attended Beatrice
Dore had said that she could have COM
| mitted the act herself.
1T seems as if further punishment
| would be almost persecution" stated
| Mrs. Libby.
Case Of Morris Adams
That the assault was only n technl-
cal one was the plea of Attorney
| Thomas Leigh of Augusta. appearing
! in behalf of Morris Adams of Canaan,
| serving four months in the county Jail
| at Augusta. Mr.. Leigh said that the
| assault grew out Of dispute over the
purchase and payment of some hogs.
that following a verbal quarrel Mr..
Adams had disappeared in the woods,
| and that witnesses had said that then
they heard bullets whizzing by their
heads coming from the direction in
which Adams had disappeared. Adams
later said that other people were in
the woods hunting for rabbits and that
he did not fire his gun in the direction
Of Mr.. Tibbetts, the complainant in the
4 raca