Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-20

MUNICIPAL COURT.
Joseph Pepin Bumps UP Against All
Kinds of Trouble Wednesday.

Maher of the Augusta municipal court
in the case of Joseph Pepin, who was
arraigned before him last evening on
the charge of maintaining a gambling
device and was fined $50 and costs,
which sentence was supplemented with
an order that the machine be Destroy
ed, will probably result in the diScon-
tinuance of the use of any similar de-
vices which may be in operation on
the city and preclude any future oper-
alton of the same So far as can be
remembered this was the first case of
the kind that has been tried before the
Augusta court. and the precedent es-
tablished will no doubt be adhered to.
1t is understood that the case grew
out of complaints that had been made
to the effect that some of the young
boys in that section of the city where
Mr.. Pepin's place of business is located
had been losing money in playing what
is known as a nickel-in-the-sl ma
chine The Pepin place is located on
Northern avenue and the machine was
found there Wednesday afternoon by
the police while engaged in search
for Intoxicating liquors. \ warrant
was sworn out charging Mr.. Pepin
with maintaining the device and he
was given a hearing before the court
at 7.30 last evening.
Mr.. Pepin was represented at the
hearing by f. w. Whitehouse who in
behalf of his client waived the reading
of the warrant and entered plea OF
not guilty Two witnesses for the
prosecution were examined, they beng
City Marshal Fletcher and Officer john
Burke. both of whom testified to seeing
the machine at the Pepin place. al
though not either of them saw 1t IN
operation. The machine itself was also
present, and although silent witness
as it were, proved the strongest piece
of evidence that the prosecution had
to offer.
The only witness for the defence was
Mr.. Pepin. who admitted that he was
the owner of the machine. but claimed
that it had not been played by any
one since he had moved it to the shop
a few days ago. He admitted that ne
had owned it for about two ana one
half years. but that until he had moved
it to the shop it had been stored IN
barn: that it was out of order. ana
that he had played it perhaps 10 times
but it would not work. When ASKED
the cause of it's removal from the barn
the witness stated that it had been IN
the way there and he had moved IL I"
the shop, but only for storage purposes
AT the request of the court city Mar
shall Fletcher tried the machine D!
playing the red. but there was nothing
1oing. although the machine worked
all right When, however, at the re-
ouest of Mr.. Whitehouse a young man
PLAYED the black there was the rattle
of coin in the machine and OF came
two nickels into the pocket. This EVIL
dence was conclusive, and MI. mite
house. admitting the guilt of his Client
asked tho court to be as lenient as pos
sible The court then proceeded to
pronounce sentence and imposed fine
Of $50 and costs, which as stated above
was accompanied by an order that the
machine be destroyed. The fine and
costs were paid.
The above case. however, was the
least of Mr.. Pepin's troubles during
the day. for on the occasion of the visit
of the police when the slot machine
was found they We're in search of in
toxicating liquors. and were success
full in finding about half pint of Whis-
kew in a pitcher. also another pitcher
which bore evidence OF having con-
tanned liquor. Mr.. Pepin was arraign-
ed on a charge of search and seizure
and through his counsel. Mr.. White
house. entered q plea of not guilty, but
from the evidence submitted reason
able cause was found by the court TO
hold the prisoner and he was fined 500
and costs and sentenced to 60 days in
iail. with 60 days additional in default
of payment of fine and costs. An APP
peal was taken from the decision and
a bond in the sum of 5000 furnished
for appearance at the April term of the
superior court.
Joseph Lacomb was also arraigned
on a charge Of search and seizure. 1t
being understood that he was in COM
pany with Mr.. Pepin. but as it was
shown that he had sold out his interest
in the business last Tuesday he was
granted a discharge.
At the morning session of the court
Roscoe Smith was found guilty on
charge of intoXication and paid the
usual fine
lanes +, Fuller has sold Il house lot