Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-13

math Of the convictions Of Willard
Levin, former Houlton attorney, and
Edmund w. Grant, former sherin OF
Aroostook county, United States Dis
trict Attorney Fred l.. Dyer of Port
land Thursday afternoon urged the
granting of the pardon petitions OF
the men on the ground that their
conviction was based on illegal in
dictments.
The six men. Guy E. Crosby of
Oakfield, former deputy sheriff.
Charles f. Calvin. Richard s. Nere-
ker, Charles Smith and Charles Pow
ell of Houlton ana William Tacticos
of Presque Isle, were witnesses in the
United States court at Bangor
against Levin and Grant.
District Attorney Dyer in request
ing the pardons be granted argued
that 1t was contrary to public policy
to prosecute and punish man in
the state court upon evidence given
by him in prosecution against other
Parties in a United States court. and
thus tend to engender the situation
whereby the courts and enforcement
officials are hindered in their efforts
to enforce the prohibition laws of
both jurisdictions. He stated that
the men were indicted in the state
courts solely on the evidence which
they gave in the federal court, and
that the statute under which they
testified constitutionally and validity
entitled them to immunity.
Because of the fact that the pardon
petition of Levin was heard at the
morning session of the hearing. Dis
trict attorney Dyer indirectly played
the role of both prosecutor and de-
Tense attorney at the afternoon ses-
sim fny. hU hri pt,,r 40 he CT "
petitioners were but victims of the
rum system and having no morale
conception Of the criminality of
their acts, he flayed Levin as one of
the "higher-ups" of the conspiracy
who could have only been reached
through the testimony Of those be-
Eeath him.
Il believe these pardons should be
granted because the constitutional
laws of the United States say these
men cannot be indicted" Dyer stat
ed. IF law and precedence does not
grant these requests for pardon then
l believe the prosecution of these
men is the most staggering blow ever
dealt law enforcement in Maine"
"1f a precedent is established that
every man who tells a story in court
which tends to incriminate himself
is liable to prosecution then the
higher-up will be free to go on with
his business without molestation. It
will establish the precedent that we
are after the little fellow but that the
big fellow goes scot free"
United States Marshall Stillman
Woodman OF Portland and Seth May,
Federal Prohibition Director, appear
ed in behalf of granting the petitions
and testified that the effect of the
| indictments has left prohibition en-
forcement officers almost helpless in
running down those higher up in the
liquor business.
Cyrus X. Small Of Caribou, county
attorney for Aroostook county. ap-
peared in opposition to the granting
OF the petitions. He stated that the
granting of the pardons to these men
would tend to give to the Federal
government officials the right to ex-
ercise the power Of the pardon board
in granting immunity. and that If a
question of law was involved the
matter should be placed before the
Law Court. The people of Aroostook
wished to reserve to themselves the
right to enforce the law. he stated.
No one appeared in behalf of Rob-
ert E. Messer of Portland, serving a
term in the States prison at Thomas
ton for robbery.