The daily gazette., 1882-02-10
QUARTER SESSIONS.
CLOSE OF THE FEBRUARY TRRM-Two
OF OFFICER CHAMBERS AssAILANTs
COMMITTED - BLIzzARD's FoRTU~
NATE RgCkpu


OF OFFICER CHAMBERS AsaAILANTs
COMMITTED - BLIzzARD's FoRTU~
NATE RsCAPE.
When Court reassembled at 3 O. clock
yesterday afternoon, the case of State
~. Arthur Emerson, Henry W. Butler,
and John Blizzard, for assault and
battery on officer Chambers, was re-
sumed.
Geo. Bacon, Jr., who lives next door
to the Swan Hotel, sa Y the ARRAY be-
tween officer Chambers and his as
sailants; saw Emerson have a stone in
his hand, but did net see him strike
the officer; saw stone which some
one threw, strike the policeman on
the head, and saw the blood running;
heard some one in the crowd say
CHOW you've got him, Butler, give it
to him."
VIM. Bouzearth said he saw the
disturbance, and officer Chambers
called upon hun for help; witness took
hold of Butler, when some one took
hold of him and turned him around /;
81 did not see who it was," said Mr..
BOuxearth, Valiantly, i'or / would
have pasted him. I'd have downed
his wagon" Witness said he helped
officer Chambers all he could until the
other officers arrived.
Thomas Dunn testified to seeing
Chambers arrest Butler in the Swan
Hotel, but said he did not see the dis
turbance outside.
The State here closed.
In opening for the defense Mr..
Sharpley claimed that the policeman
was acting illegally in srresting But
Ter, and that the latter was justified
in resisting; also, that Emerson and
Blizzard did not interfere or assault
the officer at ali.
Mr.. Sharpley called several wit
nesses, but hone of them knew anything
about the affray beyond what was
proved by the State. Officers Boster
and Kane we're also called, and testi
fled that the general character Of John
Blizzard, one of the defendants, was
very good.
The case was submitted without
argument.
In his charge Chief Justice Comegys
defined the duties of a policeman in
making arrests without warrants az
follows
First.-A public officer not only has
the right, but the duty develops upon
him, to arrest every person who in his
presence or within his view, comm its
q misdemeanor or breach of the peace
and no complaint by anyone is neces-
sary for the exercise of his authority.
If he neglects such duty, he is liable
10 indictment, as are any who refuse
TO assist him in such duty when called
upon.
Second.-Although it is generally
true that an Ofncer ought to proclaim
his authority, and il necessary exhibit
II; vet if he ia known TO be such, OIL
carries upon his person the usual in.
sigma of his Office Gas is the case of a
city or town policeman, his uniform,
badge or baton), that is equivalent to
the prodution Of tue evidence of his
actual title.
Third-When two or more persons
act in concert, or the pursuit of a com
mon object OF. an unlawful character, the
act Of one, while so engaged, is the act
Of all they are treatI d In law as one
man for the purpose OF trial aad convic-
tiOD, though punished separately.
At the request of Mr.. Sharpley, the
Chief Justice told the jury they coulC
return verdict of "not guilty" as tC
any one OF the defendants, II they
thought there was reasonable doubt Of
his connection with the assault, ant
guilty" as to the others.
AT 4:10 o'clock the jury retired, ant
In twenty-five minutes returned with 8
verdict of "guilty" as to Emerson an(
Butler, and "not guilty" as to Blizzard
A broad grin overspread Billiards. fea
lures as be bade his late fellow-prison
ers goodbye and Immediately left thu
court room.
Counsellor Sharpley addressed th,
Court In an earnest plea for clemency
in administering sentence to the two
unfortunate culprits who were fount
guilty.
The Chief Justice replied that unde
ordinary circumstances he would be in
clined TO listen to plea for mercy, bu
as this was an aggravated case, he coulC
not afford to give way to any feelings o
kindness, but felt constrained to dea
with it in justice to the public, and, ii
| u tuduueI W utLtT OlueTb IEOu dCLluE IL
similar manner. He then addressed
the prisoners, reminding them of thu
enormlty of their ofIense, which CAM
near resulting in murder, and sentenced
each to pay fine of 500, with costs o
prosecution, and be imprisoned for on,
year.
The prisoners evidently regarded
their sentence as light, and smiled vlsi
bly, as they were returned to the cells
The cases of illegal liquor sellinI
against John Glenn were continued un
til the May term.
State Us. David Griffin, COL, for th
, larceny of turkey from Francis ID
Reynolds, Of st. Georges Hd., Austil
Harrington, Esq, and j. l.. Valanding
ham, Esq, for defense. The turke,
was stolen from Reynolds hen roost
! and found at Griftin's house. Verdict
guilty" The prisoner was sentenced
to pay slips restitution money, will
costs, be whipped with twenty lashe
and imprisoned for three months,
There being no further casee cour
} adjourned until the May term.