Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-12-24
For the Freeman.
WATERBURY,, VT, Dec %, 1873.

Mr.. EDITOR VIVA are the duties OF our
deputy sherifs, and who is responsible that
they do their duties ?
In the General Statutes, chapter ninety
four, section thirty-three, is found the follow
ing statement 1t is the duty of any
grand Juror, s3lec.mln, justice Of the peace,
sheriff, deputy or constable, who shall see
any person in town where they reside, SO far
intoxicated as to disturb the public or do
nestle tranquility, to arrest such person
without warrant aud hold him in custody at
the expense of the State till he is capable of
testifying properly. He shall then be COM
PEELED to disclose where and o. whom ne
obtained the liquor &c.
Section forty-two of the sam, chapter
provides that any Officer who, GA applica-
ton, refuses or neseots to perform faithfully
his duties under any section of this law
shall be subject to a penalty not less than
$40 nor more than 500.
| Section thirty three makes it the duty of
the above named officers upon sigh of drunk
enness to arrest without warrant, &;.
| Section forty-two attaches II penalty for
the willful or willing neglect on the part Of
these officers to do their duty, upon applica-
| HOn.
The above query arose in my mind from
the following facts
Saturday evenins, Dec. 2Osh, the Glassford
Theatrical Troupe gave the old play entitled
' Uncle TOMS CABIN ;" at Hotel H,li, and
many of the respe table citizens OF the
town were present; among them select
man, justice of the peace, and deputy
sheriff Previous to the commencement OF
the play, and while the audience was gather.
ing, Mr.. Proctor, known in this vicinity
as " Will PROCTOR was seen to retire from
the Hall with a companion, aud after re-
naming long enough TO lead to the suspicion
that he had visited somebody's bar returned
with apparently all the liquor he could carry
and 50 dormant that he had to be asked to
remove his hat.
Taking a seat Immediately behind tw
ladies, and upon the left hand of Deputy
harmless indeed; but as the play proceeded
: and the addition of liquor to his already
overburdeaing supply began to craze ant
f sicken him. he would give vent to his feel
: inSs by drunken expressions better under
stood when heard taan described by the pen
| These expressions were overlooked by tn
audience until the sickening influence of tn
3, alcohol drunk caused this Proctor to vom
. upon the dresses of the two ladies in from
y and also upon the overcast of the gentlema
Y attending them. Sheriff Stewart was aske
J. by townsman to arrest the drunken ma
!. and find where he procured his liquor. A
Stewart made no move to arrest and remoy
him from the hall, this townsman was abor
O to send for a warrant, when the Sheriff sai(
&" There's no need of a warrant I'U tai
d care OF him." Resting upon this statemer
q nothing more was done for a few moment
e when the drunken mans companions wei
J. allowed to take him from the hall withol
a any arrest having been made.
When demonstrated with Tor not arrestir
4 him, the Sher1H excused nlm6el1 upon u
. plea that the town had provided no place
e confinement; and that it was no more h
duty to arrest drunken man than that
% any common citizen.
a A few days since one Edward Kirby
= this town be:ame mad from drunkenness
while at Mr.. Hills hotel and the proprieto
r procured the services of Sheriff Stewart, wh
placed handouts upon Kirby and took hil
to his home: aud in this case no arrest WI
q made.
r Now, Mr.. Editor, wish to inquire if thi
e Sheriff has done what section thirty-three
: chapter ninety-four, of the General Statute
. requires of him, and if the request of th
Q townsman to arrest Proctor was suficien
3 application to render Stewart liable to tn
!. penalties prescribed iu section forty-two q
the same chapter, and if so whose duty is
: to see the law executed ?
Q Such information gwen through your pa
per may enlighten others beside myself upo
this subject, and if the execution of th