Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-03-26
domestic News.
AcQuittal of officer John Fletcher.
Your friend,
SAMUEL III. JONES.

The trial of John Fletcher, the officer who
shot John S. Tolman in the lattcr's house in
New Sharon, on the 10Th day Of January last,
took place before Judge Taplty at Farming
ton, last week The Indictment was for muir
der, and Attorney General Frye conducted
the prosecution. The jury, an hour subsc
quent to the giving of the charge by the
Judge, brought in verdict of ''Not GWhy.'
The evidence showed that the officer, at the
time of the unfortunate event, was in the dis
charge OF his duty. On the day of the homi
eide an execution in favor Of Il woman named
Della ToIman as. Ezekiel Tolman, brother
Of the deceased. put into the hands of
Cyrus G. Brown. Esq, Deputy Sheriff, for
the arrest of said Eze kicl Tolman. Deputy
Brown proceeded to the home of John 5.
Tolman, in whose house his brother Ezekiel
resided. Upon announcing his business TO
Ezekiel rolman the latter refused to be ar
rested, and threatened the officer. The Off
Ger then returned to the village for assistance
and returned to the house between ! and
o'clock in the afternoon with Messrs, William
Grccneaf and Asa Brown. Deputy Brown
was met at the door by John s Tolman who
this time refused the officer entrance. The
officer and his aids, however, entered the
house, whereupon John and his brother
Ezekiel retrcated to the chamber, armed with
clubs, and having loaded muskct. Ezekiel
made desperate threats. Finding that Ezekiel
could not be rrusted without danger of blood
shed, and that john 5. was assisting i'll hold
ing them at bay, Asa Brown went to the
village to procure a warrant for the arrest of
John S. Tolman. He returned at about five
o'clock in company with Hiram +. Fletcher
and John Fletcher who was an officer en-
powered to serve warrants, and having a war
rant for the arrest OF John 5. Tolman
Fletcher approached john $, who had come
down stairs, and proclaimed his arrest. After
little parley John 5. Tolman again retreat
ed up stairs, and said he should inju the
man who followed him.
After another hours delay, John S., again
returned from the chamber, and officer
Fletcher proceeded to arrest him, when Toll
man attacked him and called upon Ezekiel
who was still up stairs, to come with the gun"
and to his wife and others of his family to rush
to the assault on the officers, which orders
were severally obeyed. Tolman after strik-
ing officer Fletcher several fearful blows, and
at the moment when he had an iron fire shovel
raised to strike fatal blow, Fletcher drew a
pistol ana fired, the ball proving fatal. At the
same moment Ezckial Tolman, who had ru Iled
frou the chamber to the assistance of his
brother, was secured by Deputy Brown and
aids. but not without a hard struggle and not
until he had used with effect a knife which he
carried in his jacket. The court in its charge
to the jury said:
/. The defendant was an officer of the
law
II. He had precept, sufficient in form
and substance, and issued by a court Of com
petcnt authority.
III This authorized and required him to
take the body of John 5. Tolman to answer
to a charge of high character, an offence
declared to be a felony and punishable with
imprisonment in the State prison.
". He was bound to execute the preccpt
"fo,fhmith." according 10 its terms. The
precept could only be executed by the arrest
of the body of the deceased.
The verdict of the jury fully justified Mr..
John Fletcher in his act, however unfortu-
nate its result.