Daily Kennebec journal., 1913-08-22
A NOVEL CASE.
Joseph Dostie Held by the
Municipal Court
For Violating Section 20 Of
Chapter 128, R. S.
BY Destroying or ssereting a Note
furnishes $500 Bond.

| Thursday forenoon. to render judgment
/ ia one Of the most novel cases In tho
| history Uf the Augusta municipal court.
! and IN which action WAS brought for
violation Of Section % Of Chapter l2S
Of the Revised statutes of 1903, the text
| q Which reads as follows:
'Sor. III. WhosoeVef wilfully and
| Wantoaly. or malicieusly destroys. in
lures OF defaces any building or fixture
attached thereto. without consent of
the c@ner: or destroys. Injuries or Sc
eretes any goods, ehattels or valuable
papers Of another, shall be punished by
imprisonment for not less than
one year. or by fine rot exceeding $500;
and shall also be liable to the party iu-
jured, in AN action of trespass, for the
amount of INJURY so done, and for a
further sum not exceeding in all three
times such amount. as the jury deems
reasonable"
in the case in question. Joseph Dos
tic of Augusta was arraigned on com
plaint of Mary Lapointe also of Au-
Spsta, for violation of the above sec
tion by destroying or secretine u note
for SO. made payable to Napoleon Cur
ney of Canada. Former Judge Benedict
+. Maher of the municipal court ap-
peared for the complainant While the
respondent was represented by Melvin
+. SaWtelle. and through him entered
plea of not guilty.
According to the testimony as given
out at the hearing. much of which was
through the medium of an interpreter,
Napoleon Gurney had the note. which
g ~ in fe,,. 80 . he
anove stated, and signed by Archilos
Dostie, who had paid the sum of sS5
on the note Alphense Bechard found
the note on the sidewalk, and seeing
the name of Archiias Dostie on the
ncte. saved il. One day, when Joseph
Dostie. brother of Archilos. and
meat peddler. was at Bechard's. sell
ing meat, the latter showed him the
note that he had found and also gave
il to Joseph, wlfo took it away with
him.
The Gurnev family heard that Joseph
Bostie had the note. and Mrs. Mary
Lapoint. who is a sister to the owner
of the note, went to see Joseph. He
told her that he had had the note. but
that he did net have it at that time
that it had been DESTROYED, whe reupon
Mrs. Lapointe allowed that she would
make trouble for him, to which he re-
piled thai she could go ahead and do it
she then caused his arrest
The claim of the defence was that
the note in question WAS not a valuable
paper, aud that ii had been sent back
to Napoleon Gurney. in Canada: also
that Archilos Destie had filed. Satur
dav, Aug 16. petition in bankruptcy.
The respondent took the witness
stand, and testified that he had had
the note, and had given it to his broth
er. Arehiles and the latter testified
that he had had the note, but Lad sent
II bacl, to Napoleon Quincy in canada,
and that Joseph Theherge had directed
tie letter for him Mr. Theberge was
called. but had no recollection as to
whom the letter was directed, nor what
1t contained.
Other testimony was introduced to
show that the respondent, when called
upon by Paul Gurney. a nephew of the
owner of the note. to get it, said You
see Archlos-I gave it to him. You
tell me what he says Paul said that
he saw Archilos. and that the latter
said tGat he had torn the note up ana
burnt it. Archilos, who had claimed
that he had sent the note to Canada.
also admitted to the court that ne had
told Paul Gurncy that he had burn :
ed it,
At the conclusion of the hearing the
court found probable cause to hold the
respondent in the sum of $500 for APP
pearanec at the September term of the
superior court for Kennebec county,
and the required sureties were furnish
ed.