Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-06-18
GRANTS 3 PARDONS
Continues from Pass ons)

Tor six months for driving an auto
mobile while under the influence Of
intoxicating liquor. 1t was Mr..
Maher's contention chat although
McCurdy had taken q few drinks Of
home brew, he was not intoxicated
but rather that he felt sick and that
instead Of continuing to drive his
car he parked it on the grass ground
near the Chelsea road. McCurdy
was then taken into custody by two
deputy sheriffs who were on their
way to Randolph or Chelsea in
search Of liquors.
The young man was taken before
the lower court in Augusta, but az
the decision had just been handed
down that the lower court did not
have jurisdiction in such cases and
that such a case was a felony. So
McCurdy was bound over to the SUI
perior court. his being the first
bound-over case for this offense.
At the time McCurdy appeared be-
fore the superior court, the presiding
justice. Judge Beane, was seriously
A. M. Spear, active retired justice.
Attorney Maher said that at that
term Judge Spear observed the rule
to sentence all first offenders on this
charge to serve six months in Jail.
Mr.. Maher argued before the Gov
ernor and Council that fixed pro-
position for all cases of this kind
did not seem sound and that he be-
lieved that each case should stand on
its own feet. In this case, for in
stance, It was his contention that the
circumstances were entirely differ
ent from case where a man be-
comes intoxicated and runs his car
through a crowded street. and thus
the punishments should be different.
Mr.. MeCurdy had previously held
a responsible position with the Gen.
trail Maine Power Company, but on
account of this trouble he was dis
charged from the company's employ.
His Jail record has been admirable.
He has a widowed mother who is
largely dependent upon him for sup
port and his wife has been obliged
to work for small salary in one of
the publishing houses in Augusta to
provide for the two children while
McCurdy' has been confined in Jail.
Judge Maher declared that he did
not believe a man or woman would
raise a protest If tho young man
should be allowed to come out of jail
and earn a living and support his
family.
Hon. Charles Hichborn Of Augusta
said he had made some study Of the
case and he could not find that the
young man drove the car at all while
he was uner the influence of liquor.
He said he thought the community
would be glad II the young man was
pardoned.
Pardon was granted by the Gov
thar
McCurdy make weekly report to the
Governors secretary.
Il Case Of Gustin and Evans
X The next case heard was that Of
George H. Gustin and Geneva D.
Evans, both of Freeport, who, at
the January term of the superior
court at Portland, 1923. were convict
ed Of lascivious combinations. Gus
tin was sentenced to prison at hard
labor for not less than one year and
six months and not more than three
years, while Miss Evans was SEN
fenced to be committed to the state
reformatory for women at Skowhe-
gan. On Feb. IS, this year, each was
committed in execution of sentence.
Attorney Harry E. Nixon Of Port
land presented the case on newly
discovered evidence. He alleged
that the case against the couple was
frameup on the part of one Harry
Launt of Pownal, who became the
enemy of Gustin on account of real
| estate deal between them. And At
torney Nixon further argued that
Mrs. Gustin, who had separated rom
her husband. conspired with Launt
| because she was seeking grounds for
| divorce from Gustin.
| Evidence in the form Of dispositions
hx, Of
| the purpose of supporting his con-
tentions and providing that the case
| was not a just one and that the
| respondents were not guilty of the
crime alleged.
Hon. Charles s. Hichborn Of Au-
| gusta spoke briefly on the matter,
saying that he did not believe from
his study that the case had anytf ing
whatsoever to stand on.
Ciaussn's Petition
The third and last of the cases
taken up was that Of Neils p. Clau-
sen of Portland, who at the session
county in May 1921, for the crime
| of manslaughter was sentenced to
serve not less than four years and
| six months nor more than six years
i in the state prison at Thomas ton.
| Counsel for the petitioner was Will
liam A. Comedian of Portland.
| This case was the result of the
Portland harbor strike activities in
| 1921 when an attack was made nCon
some negros on a ship in the harbor
and one Of the negros was thrown
overheard and was drowned. Attor-
ney Comedian pointed out that Clau-
sen was not ringleader In the at
tack and was in the lower part of
the ship when the negro was thrown
| overheard. He further contended
that Clausen and his comrades. who
were also convicted and sentenced
for the same offense, had no thought
Of killing anyone.
| Rev. John christensen Of Portland
spoke in behalf Of the good character
of the prisoner.
>--Authorixs Bridge Construction
Among the orders passed by the
Governor and Council was one au-
thorixing the State Highway Com
and Tannery bridges IN the town Of
Bridgton on day labor basis.
East Livermore.Jay Road Hearing
Several delegations appeared at the
| meeting in behalf OF road construc-
ton in their actions. Earlon Npyes
Of Augusta called upon q number Of
citizens Of Livermore Falls. who
! spoke OF the great need for the con-
struction Of section of the East
Livermore-Ja road, pointing that IN
the spring It II dangerous to travel
| over certain portions Of this higa-
way which IL about Ave miles long
creameries In that section whose
business 10 greatly hindered by the
poor condition Of this highway, It
was pointed out. There is . large
amount Of travel on the road BET
cause it confects with the road 70