Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-04-17
REMARKS TO THE JURY
OF County Attorney Haynes When Open
n8 the Liquor Gases to ihe Jury At tn
Present Term Of Court.

Present Term Of Court
County Attorney Haynes in opening the
liquor cases TO the jury at the present term OF
court. made some very forcible remarks, of
which we give the following abstract:
The one question for US here and now il to
do our duty in enforcing this Law; and i,
makes no difference whether we believe in
the law or not, whether as citizens, poli,i-
clans or legislators, we would support or vote
Tor II, as municipal officers, jurymen, sheriffs.
city marshals, constables, county attorneys
and judges, we are bound to carry out its
spirit and letter, in accordance with our oaths
and well defined duties. If the effect of the
enforcement of this law is not what the peo-
pie want, or what they expect Of it in results.
they, in due time, will amend or repeal il
but it is not our duty to nullify, but to strict
ly enforce it. You and / are to put aside our
personal prejudice or convictions while we
are officers OF the court for in this way can
we only justify our acts and consciences. You
are not here of your own accord as ju-
| rors. but BY chance, having been drawn by
lot to this duty, and while this has come un-
sought by you, YOU must nevertheless fear
lessly perform the duties, in accordance with
the Oaths you have taken. have often said
and cay it again, tor believe it to be true,
that If every officer, from the constable to the
Judge, would do his duty in this connection,
as defined by statute. the traffic in liquors in
Maine would become too small for any salts.
factory profit.
IL lie true that in some counties in our
state. and fear in some places in our coun
! ty, this law is considered dead letter the
officers boldly declining to enforce its pro.
visions, and | say this i, a monument of shame
to those who fill such off iil positions 10
these places. II is such conduct on the part
OF sworn officers, that gives courage 10 the rum
power wherever found, weakens the enforce
ment OF all law, aud submits Us to humiliatlng
| ridicue As state. The enforcement OF
criminal Law means punishment for the often,
ders the persons who are arraigned for the
violations of this Law are made criminals by
statute, and you are to do your part, as am
to do mine, and all other Office are to do
/ theirs, in this connection, towards their pun
ishmcnt. Thi. may be an unpleasant task
/ for ~ ali, "a the emf ,rcement IF all criminal
/ law IL, but it is a duty, and none of us
through any desire not to hurt any ones feel
/ ing-, OF through aaY mtwkish sentimentali-
/ ties should :eieat this end. There are var
ipus theories in regard 10 punishment As to
wbiCh of the relative theories of whether pun
i.hment IL To be preventative, refurmatorv.
terroristic or exemplary, or part Of or all OF
/ these theories combined you w0uli approve
oreaccept, It Is certain that none can deny
| the absolute theory that punishment is tor
the preservation of society and that the Of
! Tending ones are those Who deserve it, and
cannot complain that is is meted out To
them, in accordance with their transgressiDns.
When the rum seller comes to respect the
laws of Maine as he does those Of the United
-, H.. e.
State and County officials that he does OF
U. S. officers, then shall feel that our law
is being enforced to some purpose.
| 70 my mind, certainty. CELEBRITY and com
plete adequacy in the enforcement OF all Grim
inal law is the most salutary warning to
criminals, and ensures the greatest protection
to society; and especially, do believe this to
be true, in the enforcement of the ''prohibi-
tory law" and the only means of gaining any
satisfactory results thereby No Law in our
statute book is better known than this, and
these men who are accused here Of violating
it, have done 80 with their eyes open, with
full knowledge, deliberately and wilfully
And, gentlemen, when YOU are satisfied Of
their gait | trust Won will say 80. by yOur
verdicls, with an ,pHa I, determined purpose
that the law shan ".ted, and that those
who deliberately V,In', it, shall be surely
punished. You represent society in this mat
ter. Society looksto you for its preservation
Public rn.imeut is eXpresse in your verdlcts
in accordance with law and fact. The public
demand this of you. and if YOU fail to do it.
YOU viii prostitute the high office to Whicl
YOU have been called, and become meanei
and lower in the scale of citizenship thar
these criminals YOU are called upon to Try
Gentlemen, ask YOU to convict no innocen
mau. but see TO it that no guilty man escap"