Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-10-14
FOR NoN-SUPPoRT'
Charles Lewis Held by
! : Municipal Court.
Action Brought Under Chapter
AZ, Laws Of 1907.
George Doughty Held on Larceny
Charge For January Term.

On a complaint sworn out by Over
seer Spaulding OF the poor department.
Charles Lewis was arraigned before
Judge Maher at the municipal court
Tuesday morning, charging him with
ron-support Of his family A. NJ. God
bard represented the city in his ca
pacity rs city solicitor. and the re-
s,.ondent was represented by f. l..
Dutlon. A plea of not guilty was Ell
tered but probable cause was found
by the court to hold the respondent
and he vas given sentence of six
months in Jail. but sentence was Sus-
pended on condition that he pay the
sum of IS per week for the period of
one year for the support OF his family
The above action was brought under
the provisions of Section | of Chapter
AZ of the Public Laws of 1907, entitled
"An Act to Prevent Desertion anG
support Of Families" The section
referred to reads as follows
Section l. Any person who shall
without lawful excuse desert his wife
when such wife is in destitute or ne
cessitous circumstances, or any per-
son who being able by means of his
property or labor to provide for the
necessary support and maintenance of
his wife. shall wilfully neglect or re-
fuse to provide such support and
maintenance when such wife is in des-
tjtute or necessitous circumstances, or
any person who shall without lawful
excuse desert his or her minor child
or children under the age of Is years
al; i,,c
circumstances, or who being able by
means of his or her property or labor
to provide for the necessary support
and maintenance of his or her minor
child or children under said age, shall
Wilfully neglect or refuse to provide
such support and maintenance when
such child Or children are in destitute
OF necessitous circumstances, shall be
deemed guilty of q misdemeanor. and
on conviction thereof shall be punished
by fine Of not more than $500 or by.
Imprisonment with or without hard Ia
hor for not more than six months. or
by both such fine and imprisonment;
and should a fine be imposed it may be
directed by the court to be paid in
whole or in part to the wife or to the
guardian or custodian of the minor
child or children: provided that before
the trial, with the consent of the de-
fendant or after conviction. instead
of imposing the punishment hereinbe-
fore provided. or in addition thereto,
the court in its discretion, having re-
gard to the circumstances and to the
financial ability or earning capacity
of the defendant, shall have the power
r0 Ito nr66r which shall cl1h-
ject to change by it from time to time
as circumstances may require. direct
ing the defendant to pay a certain sum
weekly for the space of one year to
the wife, or to the guardian or custo-
dian of the minor child or children, or
to an organization or individual ap-
proved by the court, as trustee, and
to release the defendant from custody
on probation for the space Of one year
upon his or her entering into a recOg-
nizance, with sureties or surety where
such can be furnished. otherwise
without sureties. in such sum as the
court may direct The condition Of the
recognizance shall be such that if the
defendant shall make his or her per-
sonal appearance in court whenever
ordered to do so within the year and
shall further comply with the terms
of the order and of any subsequent
modification thereof. then the recognize
ance shall be void. otherwise of full
force and effect
II the court shall be satisfied by in
formation and due proof, under oath,
that at any time during the var the
defendant has violated the terms of
such order, it may forthwith proceed
with the trial Of the defendant under
the original indictment, or sentence
him under the original conviction. or
enforce the original sentence, as the
case may be. In case of forfeiture Of
a recognizance. and enforcement there
of by execution. the sum recovered may
in the discretion of the court. be paid
in whole or in part to the wife or to
the guardian or custodian Of the minor
child or children.
At an afternoon session of the court
the continued larceny case of George
Doughty of TOgus was taken up. and
from the evidence submitted probable
cause was found by the court to hold
Doughty in the sum Of 5000 for appear
ance at the January term of the supe-
rior court for Kennebec county. 1t vii
be remembered that Doughty. was ar
rested Saturday Afternoon for the lar
ceny of $50 from George Cay on the
preceding day. Both men arc veterans
of the National Home.
REI CRATE