Portland gazette and Maine advertiser., 1806-11-03

dlCharg6 MS itSdl anu kuoi1 uuty VI
fhould he not inhict fome iufficient pun
iihment |! ihould he put the offender un-
der guard merely? It is fully proved that
this had been tried the Taft year, and in
Read of producing any ialutary effect,
had only provoked additional iniult and
abufe. Has he then no power to en-
force obedience mutt he give up his
command, neglect his duty and violate
his oath, becaufe Noah Harding is infen-
fble y fhame, and fatally bent upon milf
chief To the Court, it further appears
from the teftimony of Horatio. Southgate
Efq. Othniel Merrill, Thomas Leavis, Da-
vid Williams, Walter Hatch, Jonathan
LuBd and others OF the witnefies, that
thefe threats had been publickly uttered,
70 that they were fubject OF common con-
verlation for ieyeral weeks before the lait
May mufler, and as the Defendant was
arprized that the Captain OF the Compa-
ny would neceilarily be abient on that
day; imprefied with deep ienfe of the
important duty which would deyolye up
on him, and being unwilling to rely up
on his own opinion, he coniulted with
his brother officers in Portland, and re-
CURED to the 2zd fiction Of the Militia
law Of 1898, which be prays may be con-
hdered as part Of bis defence -
I" And be it further ena6ed BY the ar
tbOriJ qt0re/aid, That every non-com-
millioned officer, ard private of The Mi
litia, who fhall be diforderly or dlfobe-
dent, orguilty OF any unmilitary conduct
or mufter or training day, or at any
other time when on duty, fhail be conhn-
ed during the muiter or training, at the
difcretion of his officers, and ihall pay
fine not exceeding torU Fittings, nor leis
than tzveEVe. IRilIingJ, at the difcretion Of
the Juftice of the Peace, to whom the
complaint ihall be made"
1t is proved by the tehimony of Jo-
fab Garter, that the Defendant and the
officers with whom he cOnfulted as afOre-
faid, under the impreiiion Of the aggrava-
ted circumstances Of the preient cafe, on
the part of Harding, and under the i'm
preflionof an opinion that the intention Of
that law was toinvea Militia officers with
eomPsfrnt aHfbo5itr in any cafe Of dtlo-
bedience and mmiitary condaa which
night occur, fully bIlievtd that the DIS
CRETIoN mentioned in the fiction here
recited extended TO the manner as.well
as to the dprafioR of the confinement.-
They therefore formed an opinion that
any Jpecieg Of mere confinement was intend
ed by the eatute.
The daring outrage threatened by
Harding, and the wicked and Perverfe
obfiuaty Of ddpoiition, which he had e
WINGED the laft year, was iufiicient to fat
isfy the Defendant, that, ihould Hard
ing attempt to execute his threats, no
puniihment 70 moderate as had already
been inflicted upon him, would produce
any other effect, than To provoke from
70 unprincipled an offender additional in
folence, & reiterated abufe. 1t was there
fore by the Defendant deemed lawful &
proper, fhould Harding attempt the eX-
ecution Of his threats, that he fhouId be
feverely reprimanded, and if that fhould
fail TO produce a proper acknowledge
ment of his error, and folemn promiie Of
amer dment, that he fhould be placed
upon wooden horfe as a public exam
pie TO deter him and others who were
fuipected Of like intention 10 offer iimi-
lar iniult and abuie to their officers
And the Defendant here prays the at
tontion of the Court to the following
ftatement of the evidence 1T is teitahed
by near twenty witneiies, that no anger
or recruitment was diicovered by the de-
fendant in any part Of his conduct, and it
rsN, ar a.
with to infli6t punihment, bht to endea-
vor by admonilior and perluaion to In
duce Harding to acknowledge his error
and return to his duty, and there Is not
a title Of evidence TO the contrary, and il
is not even commended, that Harding iuf-
fered any bodily injury whatever. The
Defendant declares that in this proCee-
ding he intended TO be calm, cool and de-
libeiate, with mind undiiturbed by an
ger and unruffled by recruitment, but at
the fame time, TO be FIRM, and dlicharge,
according to his beft ability, and his beft
difcretion, the duty of an ofiicer-and
at this moment while before the Court,
and under arref, and trial, he can re-
fec upon the paf, and with an honef
pride declare that over his own feelings
upon this occafion he realized his inten-
ton, and accomplished his wiihes.
1t is further eltiied by Samuel May
bury, Nathaniel Chafc, Ifaac Csrlley,
Ebenezer Noyes, and Jofah Carter, that
the Defendant gave Harding public
admonition on the parade ground, but
without effect. 1t is teitihed alto by Sa-
muel Mayberry, Daniel Gilbert, Ifaac
Gage, Efq. Joihua Wymin and Joihua
Stevens, that the Defendant gave Hard
ing iecond admonition at the head of
Fiih-ftrect. The Defendant declares, that
according to his beR recollection the ef.
feet Of that admonition was ne more than
this, that il Harding would acknowledge
his errors and beg pardon Of him and the
other officers and the company, the paf