The Portland daily press., 1888-03-16

State Constable Mcdonald OF Bath, in the
arrest and treatment thereafter of Edward
had been made by Mr.. Asa Palmer that he
had been insulted, Mcdonald determined to
arrest some one to make an example of him.
The report says:
After his talk with Mr. Palmer, he determined to
arrest someone to make an example of him. 1t
seems the man he arrested was Edward Hart,
who was not shown to be one OF the offenders
complained of by Mr.. Palmer. There is a great
S11 81 as TO Was condition 50 a af
Hart had been drinking heavily through
The day and was at the time
liquor. but not in such condition as TO warrant
his arrest,it would.seemfrom the preponderance of
evidence and from the judgement of the Municipal
Court III Which he was prosecuted and discharged.
At the time of the arrest scufie took place in
which the officer used his billy freely and vigor-
ousy, but we are by no means prepared to say I'M
warrantably, when once he had undertaken to
make the arrest. We are satisfied the officer ac-
ted In good faith In making the arrest and sup
posed he was acting within the line of his duty at
the time, but was acting under considerable ex-
citement caused by the report of Mr.. Palmer, and
the feeling Of hostility against the State Consta
use of the billy above referred to the officer put
handouts on the prisoner and started with him
for the lookup; The testimony as to his. treat
ment OF the prisoner after that is very conflicting.
The officer admits that he carried his billy in his
hand most of the time and used it as he says to
prevent the polsoner from striking him with both
his hands at once until the handouts were on
them. In this respect we are constrained to be-
lieve that the officer tronscenced the duty the
privilege OF an officer in the of his billy, and
that his treatment was unnecessarily severe and
we might say cruel in the light of the testimony of
Capt Mallett and Mr.. Winter, which from the ap
pearance OF the witnesses and their opportunity
TO know, seems to be entitled to great weight.
Hart's condition, as shown by the testimony of
that doctor was not such as to indicate that any
serious or permanent injury was done him. The
officer put Hart in the lookup and kept him there
with the handouts on for an hour or two and un-
q nff fnr ha
to dress the wounds. 1t seems to us there is no
excuse for this The constable says this was
done by the advice and request of the city mar
shal and that officer stoutly denies it. However
that may be the constable must be held primarily
responsible for this act. Hart was his prisoner
and he alone had the key to the handouts.
After patient hearing and careful consider
alton OF the case we conclude that the Constable
oyerstepped the bounds of his duty in the arrest
of Hart and in his treatment of him after he got
the handouts on him, but think that he was ac
tuated by desire to do his duty in making the ar
rest and was somewhat excited at the time of the
arrest and good deal more SO after the arrest
was made and probably app~ehensive that some
attempt might be made by Harts sympathizers
manner from what his cooler Judgment dictated
Under all the circumstances and consider.
to contend with in the execution of their duties
and their total inexperience as officers before they
accepted this office, and the good work they have
mend the removal of this officer. but believing
that he will profit by the experience of the case,
anu VIII hereafter perform his duties prudently as
well as efiiciently; we recommend that no action
be taken in the premises.
Dated at Augusta March 14th 1888.
GEO. M. WARREN,
SETH NJ. CARTER,
TOBIAS LORD.
The petition from the town of Sullivan for
the appointment of special constables to en-
force the liquor law, was found defective
in some respects and Councillor Carter was
instructed to draw up new petition for the
Sullivan people.
The petitioners for the pardon of John f.
Lawrence and Hannah Thorndike were CIV
en- leave to withdraw.
Messrs. Carter, Sumner and Hunt were
appointed committee to investigate the
conduct OF Officer Stevenson and decide
whether 1t was of such nature as to entitle
him to continuance in office.
A communication was received from fish
and law commissioners Stilwell and Stanley
asking that the council take steps to prevent
the wholesale slaughter of moose by Indi-
ans at ithe headwaters of the Ar0ostook
river, and they recommended Warden AL
bert French OF Calais, and two or three
sturdy men to attend to the matter. A let
ter from Presque Isle gentleman was ac-
companylng, in which the moose killing by
the Indians was complained Of Councillor
Sumner was instructed to confer with the
game commissioners on the subject.
Commissioner of Sea Fisheries Counce
was instructed not to prosecute any of the
fishermen on Brigadier's Island at the mouth
of the Pen0bscot river for illegal fishing un-
til decision from the courts had been OBJ
tained.