Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1855-03-29
1flisfeIIaneons Reoolnp
Important Decisions.

kmpOrt6uL OeCAslOuss
We learn that last week Judge Barley de-
cided that the county Sheriff is not an officer
of the Probate Court, and tha! he cannot i'm
prison man by order of said court. The
case in point was the State Of Ohio, VS.. Joseph
Stbbs, who was Immediately released from
custody. Since then a Mr.. Cunningham was
released on the same ground. The decision is
an important one, and shows another detect in
the Probate code. What effect 1t will have on
he enforcement of the liqlor law in future
We hear that prosecutions for false imprison
tment are talked off. aa
In addition to the above, we learn that Judge
Barley has decided that in order to sustain a
prosecution for Drunkenness he must be arrest
ed when intoxicated. This will give q new
phase to prosecutions Of that class, and is in
accordance with the just and obvious meaning
ly of the law, f Wayne 60. Democrat.
" II this be true report ofa decision by Judge
u Barley. then we shall confess our surprise. -
90, We lack fatE in the soundness of either ofthe
o points said to be decided. The liquor law pro-
vides that for violation of the first. second
and third sections, the person so offending
y shall be fined and imprisoned in the county
Jail for not less than ten, nor more than thirty
DAYS. For violation of the other provisions,
the law provides for the imprisonment of the
offender In the county Jail @
Now, the liquor law provides that prosecu-
tions shall be commenced by complaint before
Justice or Mayor and there is reason to sup
20 pose the charge is true. The defendant is re-
oured to enter into bonds for his appearance
H At Court. or in default thereof, he is committed
to iaiI to await his trial.
That the Probate Court has jurisdiction Of
this class of cases is evident by reference to
the 75Oth page Of Swans Statutes. which
saws, the Probate Courts in this State shall
have cogniSance of all crimes and offences not
specially exempted in the 23rd section OF that
act, "unless otherwise provided by law" The
exempted cases are capital crimes. offences
punishable in the Penitentiary, &c. There
is nothing in the liquor law Of last session that
provides for the trial of the offences against
y it's provisions in any other than the Probate
Court, and the general law makes that Court
the special tribunal to try that class Of offences
This, to our minds, lie very clear. What
5a has the question whether the Sheriff is the Of
I, Geer Of the Probate Court to do with il? The
Il law declares the offender shall be punished by
s, imprisonment in the county jail. The Law has
provided that the Sheriff or his deputy shall
be the keeper Of the Jail. That receptacle o.
o rogues, &c, is not the private property Of the
Sheriff. II belongs to the county and is kept
for its use. The duty of the sheriff is to exc.
cute the sentence Of courts upon those who are
sent to Jail, when these Courts are acting with
in their Jurisdiction. We have no doubt that
the sheriff j. the officer Of the Probate Court.
But It does not seem to have anything to de
ed with the case, and ought MOTTO be considered
The Sheritfis not the officer Of q Justices
Court Jet Justices frequently send men to Jail
and We have never heard Of iailor refusing
TO receive them, because the Sheriff was moi
the officer Of that tribunal. i'N sgoa3