The Conservative. (M'connelsville, Ohio) 1866-1871, 1867-02-28
THE DEMOCRATIC STATE TICKET,
False imprisonment.


The prosecution of liquor dealers,
under an ordinance Of our town, has
become the all-absorbing topic ofstreet
conversation. An unprecedented ma
liciouS disposition has been shown to
visit upon those individuals, who have
been found guilty Of committing a
breach Of this law, a degree Of punish
ment unknown to legal tribunals, and,
IN consequence, q truly good cause,
when confined to its proper limits, is
becoming obnoxious. One day last
week an individual was Arraigned be-
fore u Mayor for keeping a "tippling
shop" and pleading guilty" was SEN
fenced to Eve days imprisonment in
our county Jail, and fned fifteen dol
lars. He was put in jail about Q o'olk
on Monday night, and, in accordance
with what has always been held to be
the law Of the land, should have been
set at liberty on Friday night at IL
o'clock. But our Sheriff held him in
custody until Saturday night at 9
o'clock, pleading, when demonstrated
with, that u Prosecuting Attorney
had told him that the law requirshim
TO hold in custody a person, sentenced
to imprisonment in Jail, twenty-four
hours for each day, and that the law
did not recognize a portion Of a day rs
full day. We do not assert, nor do
We know or care, whether our Prose
cutting Attorney gave any such advice;
but, if he did, we believe that he knew
such was not law, and never been law.
Let Us look = little into what has been
authority upon this subject. We will
cite you to the New Testament, from
which the Law, as to the computation
Of dAys in force in all christian coun-
tries, is derived. Christ was crucifed
on the day Of prsParation-which was
our Friday-the day before the jewish
sabbath--our Saturday-And was pla-
csd in the sspulcher on the evening Of
that day. Christ said he would rise
after three days. He did rise on the
morning Of the first day Of the week
our Sabbath. Now although Christ
was IN the sepulchor not more than sc
hours, and had risen not more than "A
hours after his cruci6xiOn, yet, these
hours being portions of three days, he
said they were three days. This has
been the basis upon which the Judici-
airy Of all christian nations have based
the law as to what is a day. From this
has grown the principle, familiar to
svery reader Of Blackstone and Kent,
that, 10 portion Of a day is a day in
law" Every writer upon this subject
holds to this doctrine, and it is also
plainly snunciatsd in the Ohio Reports.
1t is true that in civil cases, for the
purpose Of Obviating great injustice to
persons in their property, that thisruls
has been departed from but we never
have heard before Of any such depart
ure in criminal cases, and the action Of
a officials in this case should meet
the csnSurS Of the people. People may
say, in their zeal for the temperance
cause, that the individual got no mere
tban he deserved, But this is not the
question. If five days, as the law views
il, 10 not sufficient punishment for
keeping q tipping shop, then let the
corporation make it ten days. The
petty dsSpotism Of ignorant and self
oonceited officials should not be the
means offorcing citizsns-no matter
what is their businoss--to spend their
means in litigating for their liberty.