Eastern times. [volume] (Bath, Me.) 1846-1857, 1855-07-12

dered him to swat minute. and soon after
requested him to go down with him and meet
the other company.
They met Captain Roberts with detach-
meot Of the Rifle Guards on Middle street,
short distance from the City Hail. The Rife
Guards, in ciiizens' dfess, and unaccompaned
by music, and making little outward display Of
military force, passed up the Middle stree,
stairs TO the Armories over the City Hall,
where they were supplied by the Mayor with
mnskets of The Light Guards, which had been
previously loaded as before stated. About
three quarters of an hour elapsed after Capt.
Green's Company retired, before the Rifle
Guards passed down from the City Hall into
Middle street. During this interval the throw
ing of stones continued from the crowd on Con-
gress street, which was met by discharge Of
pistols by the policemen stationed within the
building, by which two or three persons were
wounded.
About III O'Clock detachment of the Rifle
Guards aforesaid, were marched down on the
Middle street side of the City Hall, and ac-
companed by the Mayor, Aldermen Carlton
and Brooks, they passed into the Middle st.
door of the city store aforesaid, which was
then entirely dark. Immediately upon their
arrival in the store, they were ordered by the
said Neal Dow, the Mayor, to fire, and three
volleys were fired in rapid succession by sec
tions of four men each, and there was some
irregular firing at short intervals afterwards,
and it was irring this firing that the said
Robbins was shot in the manner before men
toned, and several other persons were severe
ly wounded. These bullets were discharged
from guns in the hands of soldiers not in the
presence or sight of the crowd upon whom
they fired, and were discharged through the
door in TO the crowd collected on Congress
street, who appear TO have had no previous
notice of their presence or OF their designs
The Jurors are not satisfied that any EFFICIENCY
existed requiring resort TO such extreme
measures before the other usual and legal ex-
pedients had been resorted to, to disperse such
an assembly, even if there had existed any au-
thority by law in any Mayor or any other sin
gle magistrate, except the Governor of the
State, to call out military company under
such circumstances.
The private citizen who apprehends an un-
lawful and forcible invasion of his rights of
person or property, may be justified in doing
nothing more than to prepare himself with the
means OF resistance and defence, and when the
attack is made to use the force necessary TO
overcome it. But it is believed by the Jurors
that under circumstances like these there is
devolved upon the authorities OF city, and its
police force as the conservators of the public
peace the higher duty of preventing, (as far as
In them lies) the necessity of such resort to
acts of violence, and of using all the means in
their power to preserve the public tranquility,
and they are not passively TO await the oppor-
tunity of infcting punishment without having
first resorted to the means of prevention.
And now, after full consideration of all
the evidence in the case, the jury find that the
said John Robbins came to his death by and
through the agency of said Neal Dow, Mayor
of the city Of Portland, in the manner and by
the means aforesaid, and in consequence of
the rash and illegal order to fire given as
aforesaid, by the said Neal Dow in the said
city store to the said company, called the Ri
file Guards, and that the said homicide of the
said John Robbins, by the said Neal Dow, in
the manner and by the means aforesaid, was
and is without any legal justification or excuse.
But whether such homicide committed un-
der the circumstances aforesaid. constitutes
the crime of murder, or manslaughter only,
the jury are not able to decide, and therefore
leave that question to be determined by the
appropriate law tribunal of the State. Such
being the conclusion TO which the iury are
brought by the evidence they further find, in
the language of the Statute that the said John
Robbins g died of felony" and not 90 by mis-
chance or accident, and with view that Jus
tice may be done in the premises, they recon-
mend that the witnesses, whose testimony ap-
pears to be material, be required to enter into
according to law, for their per-
sonal appearance at the term of the Supreme
Judicial Court for the transaction of criminal
business, next to be holden al Portland, with
in and for the county of Cumberland. on the
last Tuesday of July current, so that all the
facts respecting the death of the said John
Robbins, and the criminal conduct of the said
Neal Dow may be in the usual manner laid
before the Grand Jury, then and there 10 ap-
pear, agreeabiy TO the statute in such case
made and provided.
In testimony whereof the said Coroner. and
the Jurors OF this inquest, have hereunto set
their hands and seals this ninth day of Julv
in the year of our Lord, 1855.
JEREMIAH DOW Gr.s1
NATHAN NUTTER. IL. 81
STEPHEN EMERSON, II S.