Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-07-21
To the Ladies, Temperance Society
of Rutland:

a list as I can of convictions for crime IN this
town since the commencement OF the present
month. I cannot vouch that this list contains all
the cases, as there two other prosecuting off,
GERS in town, who may have instituted proceed
ings that 1 know nothing Of This list is prepared
from my own minutes and is correct to the best
of my knowledge and belief. will from day to
day give you an abstract of what may come with
in the terms of your request, unless the public
good would be otherwise better subserved.
The penalty imposed upon an officer OF the law
whose duty it is to enforce the Prohibitory Law
of this State in case he does not perform that du
ty is contained IN section AZ of chapter 81 OF the
General Statutes, and is as follows: "Whenever
s'any Justice of the peace. grand juror constable,
s'selectman, county commissioner, sheriff, sheris
''deputy, states attorney or other officer, whose
duty it is to enforce any of the provisions of this
chapter SHALL on proper application being made
''to Men2 or either Of them, neglect or refuse to
edo and perform faithfully their respective duties
as required in any of said pro visions, every such
''officer so reglecting refusing shall be subject
'to indictment or information by the grand jury |
cor states attorney for the county in which such
'officer aforesaid neglected ref used to perform
"hls or their respective duty, and on conviction
''of either of them the person or officer so con-
''yicted shall be fined sum not exceeding one
'huudred dollars, and not less than twenty dol
lars, in the discretion of the Court"
In order to give the people greater zeal Ill the |
enforcement of this prohibitory law, the legi,la-
ture at its last session passed an act, providing
that those sections Of that law which impose a
renalty for any breach of the same shall each be
so amended that one fourth OF the fines contem-
plated in those sections shall go to the complain
ant when complaint i made, otherwise to the
prosecuting officer Under this act some doubts
seemed to arise to the proper method of eXecut-
ing the law, to obviate which the State Auditor
issued and published the following rules, viz:
AUDITORS OFFICE,
MONTPELIER, April, 1870,
TO County Clerks, States AttOrmeyS and aohon' |
Unlay concern:
Many inquiries having beeu made to the
manner of disbursing and accounting for that
portion OF the fines belonging to the claimants
prosecuting officers under the provisions Of an
act entitled IAN act to amend Chapter "a Of the
General Statutes, entitled 'Of the traffic III in
toxicating drinks" have, after consultation |
with some members of the Court and Bar, con-
Guided to make and publish the following rules
LIST. In cases under said Act, disposed OF finally
before Justice OF the Peace, the Magistrate will
require the complainant to endorse his name on
the complaint, and when the nre is cole ted and
ant his portion of said fine, taking his receipt
therefor which receipt he will attach to his bill of
costs, which he is required by law to return to the
County Clerk and that portion of the tine be
longing TO the State, and the costs OF prosecution
he will pay to SAID Clerk, as now required by law.
% In cases appealed from a Justice, be should |
also have the complainant endorse his name upon
the complaint and when the Magistrate makes
his copies of apIeal he should certify who the
complainant is to the County Clerk.
Sd. In cases on information by the Sta'es At |
torney, or by indictment by the Grand Jury, the !
stotes my uranu jury should cause the |
compartments name to be endorsed on the infor-
nation or Indictment and when the fines are col
lected and paid to the Clerk, both in appeal cases
and cases on information and Indictment, said
Clerk will pay to such complainant his portion of
said fine taking his receipt therefor in duplicate
one of which he should return to this Office when
he makes his semiannual returns and that por-
tion of the fine belonging to the State he will pay
to the State Treasurer, as now required by law.
4th. In case no such complainants name ap-
aears on the complaint, information or indict-
ment, the County Clerk OF Justice of the Peace
tas the case may bel shall pay to the prosecuting
officer, Town GrQnd Juror or States Attorney,
One-t0u1th of said fine, taking duplicate receipts
office.
N. B. 1t will be noticed that all the penal sec
sections of Chapter "a of the General Statutes
included in the Act of 1869
[Signedl w. G. FFRRIN, State Auditor.
The remainder of the law in reference TO the
traffic in Intoxicating liquors, in regard to which
your committee had conversation with me, is so
well defined and generally understood that need
not to refer to it in this letter. Whenever any of
your society or any other other person feels that
there is an unlawful laxty in the administration
Of this branch of criminal justice proper appli-
cation the officer named in section ~, above
referred to- viii make him quite active, for the
penalty therein set against his name is of the
best reminders to man of what his duty is.
And this new law, with the rules of tt Au1itor
thereon, is guarantee to every comp uaut that
he will receive full compensation in locking after
those who violate the probibitory law.
j. c. BAKER, Town Grand Juror,
Rutland July 20, 1870
The following is the list referred to in the above
letter, sent in for publication by a committee of
the Ladies Temperance Society to which it is
addressed:
Z. W. Liddell, convicted of four offences of
selling intoxicating liquors, fine $40 and costs,
July LIST, before Smith, Justice. Charles Wood
house complainant. Respondent appealed.
F. A. Morse, convicted of four offences of SCI
ling intoxicating liquors, fine $40 and costs, July
lst Smith Justice. Charles Woodhouse COM
plainant Respondent appealed
John Lenau, convicted breach of the peace
before Smith, Justice. Fine So and costs, July ;
LIST
Willard Comstocb, convicted of two offences of '
selling intoxicating liquor second conviction, be-
fore Smith Justice. Fine $40 and costs, July lst
John Shnfalt convjcted of Mt +iop haforo
Smith, Justice. Fine IS, costs Sc 81, July 4th s
Dennis Berry, convicted of intoxicatiop before L
Smith, Justice Fine So, costs 1904, July 4th.
Timothy O'Brien, convicted of intoxication, :
before Saith JUSTICE Fine S. costs s6.94, July
18th. lea b.. V
Samuel Hayward, convicted of selling intoxi- S
eating liquor, before Smith, Justice. Fine $40,
costs $780, July 4th.
Vincent Grover, convicted twice of selling in t
toxicating liquor, before Smith, Justice Fine
$40, costs $14.66, July 4th.
Willard Comstock, convicted OF selling cider at a
grocery to an habitual drunkard, before Smith,
Justice. Fine slO costs 1913, July 4th.
Daniel Kellogg, jr., convicted of selling intoxi-
eating liquors, before Smith, Justice. Fine $40,
costs 1873, July 4th. u ..-.
John Cooney convicted of intoxicaton, before
Smith, Justice. Fine s.. Costs 1854. July 4th.
Mary Meldon, convicted of selling intoxicating
liquor before Smith, Justice Fine $40. Costs a
b .33. July 4. Respondent appealed.
John FITZGERALD, convicted of furnishing intoxi-
eating liquor, before Smith, Justice. Fine $40 and
,osts. July 5th.
John shutelt, convicted of furnishing intoxi-
'ating liquor, before Smith, Justice. Fine $40.
Costs 1913. July,5th
William Hinckley, convicted of intoxication,
before Smith Justice. Fine S.. Costs 1894, July