Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-13
Governor. and Council
Continued from Pace One)

III 1919, ana with Grant was convict
ed in the Federal court
In his plea to the Governor and
Council, Senator Hinckley presented
the statement Of facts concerning the
case of Levin, saying that both
| Grant and Levin were indicted in the
U. 5. District court for exactly the
| same offense and that they took an
appeal from the findings of this
court; Grant was told that If he
tailed to prosecute his appeal from
the district court the indictment
found against him in the State court
would be mol pressed. The statement
of facts continued that Grant de-
clined to prosecute his appeal in the
District court and as a result the in
dictment found against him in the
State court was dismissed, that Grant
received sentence to the U. S. Peni-
tertiary in Atlanta and is now eligi-
BILE for parole which has been recon-
mended and no doubt be granted. On
the other hand Levin who was in
dicted in both the District courts and
the State court with Grant for exact
~ the same offense, prosecuted his
appeal in the District court, his ap-
peal failed and he received a sentence
TO Atlanta and also was convicrel
for the same offense in the State
| court. Senator Hinckley drew the
analogy between the cases of Grant
and Levin. stating that both were
convicted for exactly similar offenses
in the State and Federal courts, and
! that one of them. Grant, because he
dropped his appeal from the Federal
court was given freedom from pun
ishment by the State, and Levin by
sticking to his constitutional privi-
leges Of prosecuting his appeal from
the decision of the District court must
suffer not only imprisonment in the
Federal penitentiary but also in the
| States Prison if this appeal for par
: don is of avail
+: Senator Hinckley concluded his ar
gument with the statement that at
the present time Levin is a nervous
wreck; that he is a broken man and
that any further punishment will be
persecution and not prosecution.
J u. S. District Attorney Frederick
! r. Dyer of Portland gave briefly a
review of the facts. which conceded
with the facts presented by Senator
Hinckley, and stated that deputy
marshals who have been to Atlanta
from this district have brought back
the report that Levin is nervous
wreck ami that all the time he talked
with them he cried necessarily. Mr..
Dyer said that he believed he could
state that he would be pleased II this
pardon was granted to Mr.. Levin for
lie thought that Levin had been pun
ished sufficiently.
Senator Hinckley later stated that
during his 20 years in the practice of
law UP to this occasion. Mr.. Levin
hal never handled liquor case.
Herbert T. Powers Of Fort Fair
field. who was county attorney OF
Aroostook County at the time of
Lewin's conviction testified that
there was no desire to impose two
penalties for one crime. but that he
wanted to make sure that one SEN
| tence was given as Levin was In
dicted in the state courts while an APP
peal from his sentence in the feGeraI
court was pending.
| mo one ever intended that Levin
or Grant. the sheriff. should serve
two terms for the same offense," said
Mr.. Powers.
Cyrus +. Small OF Caribou. the
present county attorney of Aroos-
took county. testified that the people
generally do not believe that levin
should serve two sentences for the
same offence.
But" said County Attorney
Small. II believe that pardon at
this time for Levin would be prema-
ture. AS he has not as yet been COM
mitted to prison for the crime Of
| which he was convicted.
! "When do you think that a pardon
| could be wisely granted. protecting
the rights of the people?" asked Gov.
Brewster.
after Levin serves his Federal
sentence" was the reply.
| Petition Of William Tacticos
| Mr.. florence w. Towle of Bangor
appeared before the Governor and
Council in behalf of the case of Will
liam Tacticos of Presque Isle. who
! is now serving concurrent sentences
! of three and two months. with six
! months additional in default OF pay
ment of fine of $500.
The statement of facts presented by
Mr.. Towle stated that Tacticos had
plead guilty to an indictment Of I'M
lawful possession, from evidence OBJ
| tanned while a witness for the gov
eminent in the District Court at
! Bangor, where he was a valuable and
important witness in connection with
the conviction of Willard S. Levin
and Edmund w. Grant of IIoulton.
4, The statement of facts continued that
( Mr.. TacticoS had stopped business in
| liquor because returns were not large
enough to pay demands eXacted from
him by certain gentlemen in Aroos-
/ took county; that the indictments
were brought in the State court sole
| ly on evidence that was obtained
from the Federal Court where he
| had appeared as a government wit
ness. and his conviction was brought
about on the testimony he gave for
| the U. =. Government. In his final
| plea before the governor and council,
MIR. Towle explained that Tacticos
prison sentence would be up on the
| Goth day of this present month and
that he asked for immunity from
payment Of the fine of Tacticos as he
had been of importance to the Fed
| eral Government and that he had
served the entire term of the prison
sentence imposed by the State court
and that further he was in poor fl
nancial straights, owing to a fire that
had wiped out all of his property
while he was imprisoned in the Jail.
Case of Charles e. Calvin
In explaining the case of Charles
f. Calvin of Houlton Mr.. Towle said
that the same rule applies to Mr..
Calvin as to the others, that is. that
he was a material witness at the
time of the famous Aroostook liquor
scandal and that he was indicted in
the State courts and convicted, sole
ly on the testimony he gave while a
I witness for the government in the
u. S. Dictrict court at Bangor in
1923.
Smith, Powell and Vereker Cases
| Walter |. Cowan of Houlton pre-
scented the cases of Charles Smith,
Charles Powell and Richard S. We're
ler of Houlton to the Governor and
council. Mr.. Cowan first took up the
case of Richard S. Fereker explaining
that this gentleman had been in bus
mess only few months and had