A Canadian Family

First Nations, French Canadians & Acadians

Identification Is Held Insufficent (1932) | Surnames: Beauvais, Boudrias, de Lorimier, Poirier

Index: Newspaper Clippings & Other Extracts Related To Kahnawà:ke

newspapers in a stack b


Suit for Assault Accordingly Dismissed in Superior Court



Mr. Justice de Lorimier Comments on Ability of Plaintiff to Travel Despite Alleged Injuries

Beaten near the Caughnawaga highway, Magloire Poirier identified Joseph Boudrias as his assailant and sued him for $530, but Mr. Justice de Lorimier, of the Superior Court, dismissed his action for lack of positive identification of Boudrias as the aggressor and commented on the fact that despite his allege injuries, Poirier was able to come to Montreal on the same afternoon to consult a lawyer.

Poirier alleged that on September 22, 1930, at Caughnawaga, near the main highway Boudrias attacked him maliciously without cause, striking him on the head and shoulders with a metal bar while he was stooping to remove a small gate. Later, he claimed, Boudrias boasted of having kicked hm on the head.

Poirier’s assailant made off on a bicycle, leaving him lying bleeding on the ground. Since the assault e has suffered from vertigo and headaches. He asked $530 damages.

Boudrias offered a complete alibi in defense. He had never attacked Poirier, he declared, and at the time of the alleged assault was in the home of Joseph Beauvais, of Caughnawaga.

There was considerable doubt about Poirier’s identification of Boudrias,Beauvais corroborated Boudrias’ statement that he was in Beauvais’ home when the assault occurred: n fact, Beauvais had employed Boudrias to do a morning’s work and had watched the clock to see how long he worked. Moreover, Boudrias who had cycled to Caughnawaga that mornng and put his bicycle in a wagon for the return journey.

As against this evidence four other witnesses declared they had seen Boudrias on is bicycle coming away from Caugnawaga just after the time of the assault. But these witnesses were in a car, which was travelling fast, and His Lordship concluded that they might have been wrong in their identification of Boudrias.

In the face of this lack of positive identification, His Lordship dismissed the case. He remarked, on doing so, that despite his alleged injuries, Poirier had been able to come to Montreal on the afternoon of the assault to arrange with a lawyer to take the presents proceedings. If there was any question of vengeance, which was raised at the trial, it appeared, His Lordship said to be on Poirier’s side.

Source: The Gazette, October 11th, 1932

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Index: Newspaper Clippings & Other Extracts Related To Kahnawà:ke

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May 20, 2013 - Posted by | . | , ,

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