Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-09-25

there is another provision of the
statute which bears upon his duties and re-
probabilities in that emergency.
"Whoever, when required in the name of
the State. by any sheriff. deputy sheriff, cor
oner. or constable. neelects or refuses to aid
him in the execution of his Office in any
criminal case, or in the preservation of III
pesc., or in arresting and securing any person
for breach of the peace, or in preventing
ih- escape or rescue of persons arrested on
civil p'ocs S.. shall be punished by imprison-
ment for not m ire than thirty days, or BY
fine not exceedi Fifty dollars"
When an officer is required to exercise his
Judgment as to the means he shall employ in
ed-cting an arrest where there is resistance
bv the statute he may call in the aid of any
citizens Who are within his call and for fail
ure to resp md in a reasonable and proper
manner they are lible to this penalty to
which have called your attention.
Now gentlemen, an officer is required to
act reasonably and not wantonlv or cruelty.
But you must bear in mind all the time that
he l. required by law 10 accomplish the pur-
pose. And it is proper for you to entertain
this conf Iteration: thst YOU are now sitting
here in calm and cool DELHI ration to review
the action of the offer You NAV come T.
a different conclusion from what he reached
when he was required 10 act without any op-
p'riuniry for deliberation, and on the instant
But in determining whether he acted resson-
AMY or not you are TO put yourself ia his
place as far practicable and determine
whether, being compelled 10 act on the in
| slant as he was. everv officer is IN a SINH
! Ar emergency. he acted reasonably or not.
You Will perceive that there are two exigen-
cies with respect to which YOU are TO examine
the kind and degree of force to be used bv an
| officer, thu simply TO accomplish the
| purpose whirh is the end TO be held in view
bv the law, that Is, 10 etf CT the arrest, to re
move the violator of law from the public
street and incarcerate HIM in place of i'm
prls0nment, and the other, if that exigencv
arises. TO defend himself against an injusti-
able assault But. as have in heated before
in regard TO the duties of officer, do not
understand that h is required to wait until
he is severely beaten and wounded before
he can use force. If he has reasonable
ground to apprehend that an assault is
to be made upon him he certainly has
the right that any other citizen has. to antci-
pate it and prevent il BY the use of such force
as is sufficient in degree and appropriate and
suitable in kind to accomplish the purpose.
| And the precise issue presented to you bv
both counsel is, did be on that occasion use
force more than sufficient in deg-ee or insult
|
complsh the purpose of removing the man
from the street and placing him in prison, or
t. defend himself against assault and injury
| from the prisoner
Now obviously question will arise in vonr
minds with reference to the char icter and
disposition of the pl'f. His physical strength
is involved, his temperament his disp 1sition
under the influence Of liquor to resist an Off
Ger seeking to arrest him. And therefore,
thinking it but just to the defendant that
you should have some knowle ledge of the
| character of the prisoner he was seeking to
arrest, have allowed to come before you
testimony tending to show what was his phv
steal strength, his agility and activity under
such circumstances, and his disposition to re-
sist and his manner of doing it on such occa-
si0ns | need not say to you that all men
are eqna before the law; that no man. how
ever humble or however low is deprived of the
protection of the law, and i; is only as far as
| he is a bad man, if he he one. IN the particu-
| lars involved in the arrest, that it becomes
material for you to consider the elements of
! his character.
| 1t is now familiar and well settled prnci- |
pie of law that voluntary intoxication ia no
excuse for any offence committed under its
influence. and therefore it is no excuse for
the plff if he is not abs nlutely insane, that
he is temper rIly paraly zed with intoxicating |
| liquor while resisting the officer. He would |
not only be guilty of crime in bee ming
voluntarily intoxicated, but he would |
be guilty of a flu tier crime in r.
listing the officer. Ard vet. it WAS the |
dltv of the officer to Recognize the situation
AS It was that the man partially intoxi-
cat d, and If he cnud accomplish the pur- |
pose without serious nj uty TO the prisoner, |
It was his duty t. do it. | have stated that |
I h
! cruelty, or nnumanly. He is required to
use and is jus itie1 in using Just So much |
force, ~uificiert in degree and suitable al 4p-
proprIate in kind a will accomplish the par
pose But, as have SAID it is hut lust to
the officer, in n,iderlng that quest m, that |
You should as far as practicable, put your |
self in his place and consider that he is act |
| ing quickly, without time for deiiberati m. |
under the immediate igency of the moment
| Now what was the conduct of the p'ff. on |
that occasionf How far vas the officer iusti- |
! fed from what he knew and had been in |
| formed in regard to the physical strength and
probable tendency Of the prisoner to resist, |
IN apprehe nding an assault upon himself. |
| You have heard the testimony as to the dis |
position of the pl'fi and you will consider the
reasonableness Of the officers conduct in the
! light OF his information. what he had reason
| to appreheDd from the prisoner in connection
with what the prisoner did do on that occa-
sion.
! If you come to the question of damages the |
pi'f is entitled to recover full, fair and Just
compensation for the injury directly and i'm
mediately resulting from the excess of force. |
| Because the fact that an officer under these
circumstances uses more force than is neces. |
sary. or force unsuitable and inappropriate in |
kind does not make him trespasser from
the beginning. He was not a tresspasser in
| the beginning and cannot be made by us /
ing excessive force. He is only liable for the |
injury directly and natur Ally resulting from
the excessive force So gentlemen you will |
take the case and endeavor to consider it
carefully and calmly without any prejudice
or sympathy upon one side or the other and
render such verdict as you believe the law
and the evidence require.
Snow In september
The inhabitants of the upper kenn, bee had
foretsste of winter, "Wednesday afternoon