Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-09-25
JUDGE WHITEHOUsE,s CHARGE
To the Jury In the Case Of White vs. 81.
phers-An Abstract.

Following is an abstract Of Judge White
houses charge to the Jury in the case of
White VS.. Siphers
! Gentlemen Of the Jury:
! This is an action tor damages, alleged to
have been sustained by the PHI by reason of
a personal injury received, as he claims, by
an assault and battery upon his person COM
mitted by the def't. The burden is upon the
pPf to satisfy you by the greater weight of
evidence Of the essential allegations in his
writ; To show that he is entitled to damages
to show the liability of the def't and to show
what damag, he is entitled TO. This action
il against public officer for exc, eding his
authority or TIE degree of force which he was
required to use to effect the arrest of AN al
legged violator of law IL is ,ur duty in the
first place to understand precisely tne rela-
d tons Of these parties, the situation of the
def with respect to the pl'f on the occasion
in question Tn statute authorizes and re-
quIres the arrest of any person intoxicated in
any public stree OF way. and il is not in c m
troversy here that the pl'f on the occas on in
question was so far intox ated as t. Justify
the cIty marshal of Gardiner in arrestir q him
as Que violating the statute and the public
peace.
Now you will perceive, GENT mon, that
puDI1t OlllC rs are weighted win feSnOuslhlIl
ties of grave importance to all orgsniz d
communities; that they are charge with the
respon ibllity of maintaining public peace
and order. To their hands are ensru, I'd to a
great gree the lives, the property and the
rights of innocent persons, and lav-abiding
citz ms of their respective localities. The V
are liable to Impeachment for gross and
wanton faiiu to perform the duties imposed
upon them by law thus TO protect the inno-
cent and law-abidng citizens of their COM
munities.
Now il is not the theory of the law that an
officer, when required to perform the duty of
arresting violator of the law, must relv
solely upon his physical strength and enter,
as it were, the arena to contend with the law
breaker with an implied understanding of
probable consequences, that the one who goes
to the wall shall also go to prison. That is
not the law. The officer is the representative
and embodiment Of the law. 1t is his badge
of authority that to great extent in the
theory of the law shall take the place of physi
cal strength. And you will perceive at once
that anv other theory, instead of making the
officers of the law the conservators and pro-
tectors of public peace would make them
the disturbers of public peace. because
their attempt to effect an arrest would prob
ably result in physical contest between the
officer and the violat,r of law and in serious
injury, if not loss of life. on one side or the
other. The law does not proceed upon this
theory. The officer represents the law, and
il is the dutv OF the person who is violating
the law, or who is claimed BY the officer to
be violating the law, and who is required to
submit to an arrest, to submit without resist
ance. And if the officer exceeds his author
ity in any case, or i. he makes the arrest
without proper authority or justification. the
citizen has his remedy, and the officer is liza
Die to respond in civil damages for an un-
lawful unauthorized arrest, and the citizen
may in some cases even obtain his release in-
stantly by ha6eus corpus. At all events,
every citizen is protected against unjustiia-
bic and unlawful arrest. But when sum
moned by the officer to submit, il is his duty
to do so and not resist
The statute provides that, whoever viii
fully obstructs officer or other person au-
thorized, in the services of any process for
an offence punishable by death or imprison-
nent for more than one year. shall be pun
she by Imprisonment not exceeding two
wears, or by fine not exceeding FIVE hundred
dollars, or both "
This relates TO the service of a process. in
deed. but refer to it as illustrating the care
With which the legislature has undertaken to
protect officers in the discharge Of their duties
Now this represents the situation Of the
officer. The precise means of which he shall
avail himself for the purpose of accomplish
ing an arrest where resistance is made. are
necessarily left in the first instance. without
any description or enumeration by the statute
to the discretion and judgment of the officer,
within The limits of law. His discretion and
judgement may not be final as against the
rights of a citizen. They can be passed in
review by a jury of the country. But have
said that this is the theory of the law, that
every person lie going to submit without q
contest, and every rational person is required
to. But in practice that is not found to be
So They do not always submit without a
contest. And then you will perceive comes
the embarrassment of the officer. Then comes
the test of the soundness of his
judgment and his discretion. And