Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-12-18
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! Governor and Council
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months and not more than seven
years at States prison at Thomaston
for the crime of manslaughter. He
was committed to prison June II.
1921.
Fallon wso is one of the leaders in
the convict governing system at the
prison and is now serving as COVER
nor of that institution under the
system, was represented at the hear
ing by Attorney Burleigh Martin of
Augusta.
Attorney Martin outlined the cir
cumstances relating to the crime of
which Fallon was convicted, pointing
that Fallon and a number of men
went as strike breakers on one of
the boats in Portland Harbor in the
summer of 1921 to persuade the sea-
men on the ship to leave their posi-
lions land join the union. Counsel
emphasized the point that on the
afternoon previous to this event
there had been a meeting of the I'M
ion men at which it was decided
that force should be used to make
the men on the boat leave their posi-
tons, that Fallon was not at that
meeting and had no knowledge of it.
Going aboard the ship that night
Fallon and his associates fought the
seamen and as the result, negro
seaman named Walker was hit upon
the head, fell into the water and was
drowned. Fallon and eight other
men pied guilty and were given sem
fences ranging from two or three
years to seven and eleven years in
the States prison. Seven other men
were not apprehended.
Fallon is seeking that his sentence
be committed to from four and a half
years to seven years in prison in Or
der that he may be eligible for par
ole one year earlier. Attorney Mar
tin pointed out. He presented two
grounds for leniency: First, that
while employed at the prison Fallon
suffered an injury in the loss of three
fingers on his right hand as the re-
suit of a machine not being proper
ly guarded, and for this in ordinary
business he would have redress
against the employer or receive COM
pensation under the Workmen's
pensation Act. Second. that Fallon
, was not at the meeting at which ii
| was decided that force should be
! used against the sailors and that he
had no knowledge of the meeting
this being confirmed by affidavits OF
| four of the men who We're present;
that Fallon believed only peaceful
picketing was to be employed. Coun-
sci said that there is no contention
| that Fallon struck the blow which
resulted in the death of Walker
and according to the evidence of one
| of the men who was convicted with
Fallon, Fallon was not near the man
| when he was struck.
Attorney Martin said that Judge
Sanborn of the Cumberland county
superior court had recently told him
that if Fallon was not at that meet
ing and had no knowledge of it, the
sentence would have been less
Counsel presented letter from DIR
Albert p. Head. prison physician n,
who asserted that Fallon was also
suffering from trouble with his knee
| joint and that il he could be given
freedom he would regain his health
which he has lost in the service OF
! the State. The attorney said that
| If Fallon is given his freedom he
| plans to leave the State and go to
| New York to reside.
There was no opposition to the
| granting of the petition.
| Case of James n. Simonton
! The pardon case of James H. ST.
monitor of Rockport was presented
by Miss Adelaide Prince of Camden
who stated that she is betrothed tc
the petitioner. Simonton was con.
yicted of the crime of common seller
of liquor and was sentenced to serve
four months int he Knox county jai
and pay a fine of $500 and costs OF
prosecution taxed at $S2.80, and il
default in payment of fine and costs
to serve six months additional III
| Jail. He was committed to Jail, Sept
! II, 1925.
Miss Prince declared that she fell
that Simonton was never properly
convicted; that he is in poor health
suffering from a bad heart and higl
blood pressure and according to tn,
statement of physicians. he is liable
to drop dead any minute. He is 6;
years of age.
! why have you not been married t.
him in the Is years you have beer
living with him." inquired l.. r
Campbell of Rockland, county attor
ney Of Knox county, who opposed tn,
pardon.
II have not been living with him
have a home of my own" replied
Miss Prince. She added that she ha(
not kept house for Simonton, but oc
casionally had done some cooking fol
him.
County Attorney Campbell briefl!
reviewed the case, stating that ST
monitor was convicted largely upor
the testimony of a bow who had sale
that he had accompanied an old mar
to Simonton's house where they Sc
cured some hard cider. The count,
attorney declared that Simonton wa:
a slick man." that the officials hac
not been able to catch him before
but now that they have him the!
want to keep him. "Simonton ha:
the reputation of selling hard eide
for years" he asserted. 'Tf Simon
ton is pardoned it will discourage thu
enforcement of the prohibitory liquo
law"
Miss Prince declared that she hat
recently accompanied the boy wh'
gave the convicting testimony, to thu
old Simonton homestead and tina