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

street. IN front OF SAID store, and that said call
was under precept signed by said Dow as
Mayor, of which precept the following is a
true copy =
Estate OF MAINE.
COUNTY OF CUMBERLAND,
City of Portland.
To Charles E. Roberts, commanding officer of
the Portland Rife Guards
Whereas, it has been made known to our
Mayor of our city OF Portland that a large
and tumultuous assemblage of persons are as
sembled near the City Hall, threatening de-
struction of property, and that military force
is necessary TO aid the civil authorities in sup
pressing the same: Now therefore, COM
mand YOU that you cause fifty men, of Rifle
men, armed and equipped, and with ammuni-
ton as the law directs, and with proper off
GERS detached by yeu TO parade at the armory,
in Fox block at 8 O'Clock and Is minutes, then
and there to obey such orders as may be given
them according to law.
Hereof, fail not at your peril, and have you
there this precept with your doings thereon.
Witness, NEAL Dow Mayor, at Portland,
June I'd, 1855.
e.. 81 NEAL DOW, Mayor"
And the jury find that the said precept was
unauthorized by any existing law of this State,
and wholly void, and that the same was cop
led from form of precept prescribed BY an
act entitled 'An act to organize, govern, and
discipline the militia approved March End,
IS44, and which act was repealed by the 23d
sec. of the sth chap. of the public laws of
lS4S; and that there was not at that time,
any authority under the statutes of this State,
by which a military force could be called out
as such by any Mayor of city, or by any
such precept as was issued in this case
The jury further find that late in the after
boon of said day, the Mayor and some of the
Aldermen of the city had reason to apprehend
that there might be in the course of the even
ing, in trent of said store, such an assemblage
as was, lnIact, afterwards allowed to gather
there; and that as early as six o'clock in the
evening, the City Marshal's approximations
were so far excited that for his own protection
he procured a revolver, five barrels of which
he loaded with ball cartridges that he advised
others of the police to arm themselves in like
manner; that at this time and for the space of
an hour or more afterwards, there was no un-
usual collection of people in that vicinity.
Nevertheless, no effort appears to have been
made TO prevent such an assemblage; no po-
licemen were stationed in the street where the
crowd was expected TO assemble, nor was any
demonstration there made of the presence of
any police force, ready to command the per-
sons who should unlawfully assemble, TO dis
perse, or to arrest and secure those who, upon
being so commanded, should refuse
Between 6 and o'clock in the evening,
the Marshal ordered those of the police who
could procure pistols readily to get them, and
go into the city store when it became night,
to protect the liquors in the store which were
claimed as city property from an ant;cipated
attack. Accordingly, seven of the rolicemen
most Of them armed with reyolyers-sta-
TONED themselves inside OF the store where
they were joined at ABOUT IA past by the
city Marshal and ole of his two deputies, who
remained within the building until after the
crowd was dispersed. After the police had
entered the store, the collection increased in
numbers, and there was some shouting, and
stones were thrown from the crowd against the
door and windows of The building. At this
stage of the proceedings, the Jurors cannot
doubt, from the testimony before them, that
few policemen, acting in concert, could easily
have dispersed the assemblage and have ar
rested any persons present disposed to commit
any acts of violence. AT about Is minutes
after o'clock, the bells of the churches were
rung as if for an alarm of fire, by the order,
or at the suggestion of the police or author-
ties of the city. Whatever the motive of this
act was, its effect was very greatly to increase
the crowd about the City Hall, (under which
the city store is kept) and to bring there many
persons, and among them Robbins, the de-
ceased, who, up to. that time, had not been
present even as spectators of the scene The
Sheriff of the County at about this time, was
despatched by the city authorities to command
the people 10 dispense, and it appears that he
went there, unaccompanied by any posse, and
ordered the crowd to dispense. This order
does not appear to have been generally heard,
or to have been obeyed by those who did hear
1t. lie does not appear, as required by law,
TO do In such case, to have commanded the as
slstance OF persons there present in arresting
or securing in custody the persons so unlaw-
fully assembled, or any of them nor does il
appear that at any time during the evening any
efficient or well directed efforts TO that end
were made from any quarter whatever From
this time until ten o'clock, there was occa-
sienal throwing of stones at the door and win
COWS OF the store. accompanied by shouts and
laughter from the crowd, numbering. according
to the varying estimates of the witnesses. from
five hundred TO fifteen hundred nersons but a
very small number of whom apnear n have
taken. part at any time in any riotous procaed.
ings. At about 10 o'clock, the Mayor. for
the first time, appeared in presence of the
crowd, accompanied by portion of Captain
Green's Company Of Light Guards, who had
been called out by the Mayor under precept
similar in form to the one addressed to Capt.
Roberts
The Light Guards were marched in front Of
the City Hall on Congress street, with their
mnskets loaded with ball cartridges. The
Sberiif then ordered the crowd to disperse, and
Immediately after the Mayor gave the order to
fire; the privates awaited the order Of their
captain, when the Mayor repeated the order,
addressing j, to Capt. Green. CAPT. Green
pot perceiving the necessity of resortinp ID
such extreme measures before any other ex-
pedients had been tried. hesltated to give the
order, remarking to the men, 1t is hard "a
shoot our own citizens The Mayor then or