The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1855-07-25

Mayor Dow in Trouble.

Mayor Dow in Trouble.
The Coroner's jury who have been hold
ing an inquest upon the body of John
Robbins, the sailor who was killed in the
recent affray between the people and
portion of the military, acting under or
ders of Mayor Dow, have returned ver
dict unfavorable to the Mayor, declaring
that in their opinion the death of Robbins
was caused feloniously, by Mayor Dow,
without legal justification or excuse, and
recommending that the case be brought
before the Grand Jury at the approaching
term of the Supreme Judicial Court.
The report of the jury. whose investi
cation commenced on the ninth day of
June, ard concluded en- the ninth day of
July, declares that the said John Robbins
came to his death by means of musket
ball discharged by regular or a volun-
teer member of the company of the Rife
Guards, commanded by Captain Charles
E. Roberts, and that the firing of the
musket was part of volley of musketry
discharged by portion of that company
from the liquor agency store, by order of
Neal Dow, the Mayor of Portland. The
jury further find that the precept issued
by Mayor Dow, by means of which said
company was called out ON the evening of
the riot, was unauthorized by any existing
law of the State, the act under which it
was issued having been repealed, and
there being now no authority under the
statutes of the State by which a military
force can be called out by any Mayor, or
by any such precept.
The following is the conclusion of the
report
The jurors are not satisfied that any
exigency existed, requiring the resort to
such extreme measures before the other
usual and legal expedients had been re-
sorted to, to disperse such an assemblage,
even if there had existed any authority
by law in any Mayor or other single mag
istrate, except the Governor of the State,
to call out military company under such
circumstances. The private citizen who
apprehends an unlawful and forcible inva-
sion of his rights of pepon or property,
may be justified in doing nothing more
than to prepare himself with the means of
resistance and defence, and, when the at
tack is made, to use the force and means
necessary to overcome it. But it is be-
lieved by the jurors that, under circum-
stances 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 pas
sively to await the opportunity of inflict-
ing punishment without first having re-
sorted 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 the
said Neal Dow, Mayor of the city of Port
land, 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 military company called
the Rife Guards; and that the 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
under the circumstances aforesaid, consti-
tutes the crime of murder, or manslaugh-
ter only, the jury are not able to decide
and therefore leave that question to be
determined by the appropriate law tribu-
nal of the State. Such being the conclu-
sion to which the jury are brought by the
evidence, they further add, in the language
of the statute that the said John Robbins
= died of felony and not by mischance
or accident