Sheriff's posse

“ LVI To the thoughtful bystander all this preparation had its significance and its portent, which became the stronger when he contemplated the dispositions of the Law and Order party. The latter had been not less vigorous, and its strength could not be doubted. The same day that marked the organization of the Vigilantes saw the regular police force largely increased. In addition, the sheriff issued thousands of summonses to citizens, calling on them for service on a posse. These were in due form of the law. To refuse them meant to put one's self outside the law. ”

“ The sheriff sent out ten of his deputies to raise a posse for the purpose, and the deputies claim they were vigilant and thorough in their efforts to find men willing to serve, but were unable to raise any considerable number of persons. All sorts of excuses were made, and not over ten persons in all responded. No peremptory summons or call, such as it was his right and duty to make, was ever issued by the sheriff, and, as testified by him, when he reached the Union depot with his deputies and posse, a short time before the Philadelphia troops arrived, all but six of his posse had left. ”

“ The judge ordered the sheriff to summon every available man, and go at once and ascertain who the leaders were, then arrest them and bring them before the court. There were only fourteen men obtainable for the posse, and this number included the ferryman. ”

“ The sheriff of a county is a very important officer. It is his duty to see that law and order are preserved within the limits of his county, that the penalties ordered by the judges are carried out, and to suppress all riots and uprisings in his district. ”

“ And if a sheriff send word to another sheriff that men have fled from his county to the other county because of robbery, murder, theft, or the reception of those committing them, or for outlawry or an offense against the king’s forest, let the latter sheriff arrest them; and indeed if he find out of himself or through others that such men have fled into his county, he is to arrest and hold them until he have sure pledges for them. ”

“ It’s different with a sheriff. He’s the man who comes riding with his guns at his side; they can see him perform. All the law that they know centers in him; all branches of government, as they understand his powers. Yes, a sheriff is something of a figure in this county, Frances, and to be nominated for that office by one party and indorsed by another is just about the biggest compliment a man can receive. ”

“ It hopes that the incarceration of one night in the common gaol may prove in case of a young man like yourself sufficiently efficacious to deter you from the repetition of so grave a misdemeanor, and at the same time not crush too much that generous spirit of youth which in its proper exercise may prove so advantageous to its possessor, and redound so much to the benefit of the Commonwealth. The order of the Court, therefore, is that the Sheriff discharge you from further imprisonment. ”

“ He took a lively interest in a dame's school in the town, paying it a visit of inspection every week, and making minute inquiries into the behaviour of the children, and reproving delinquents with ‘Od's bud, Od's bud, but I will mend you.’ Though his rank in the county was but that of a squire who worked like a yeoman on his land, and lived on intimate terms with his labourers, he was chosen sheriff in 1683. ”

“ We may farther observe, that by statute 1 Ric. II. c. 11. no man, that has served the office of sheriff for one year, can be compelled to serve the same again within three years after.
We shall find it is of the utmost importance to have the sheriff appointed according to law, when we consider his power and duty. These are either as a judge, as the keeper of the king's peace, as a ministerial officer of the superior courts of justice, or as the king's bailiff. ”

“ Sometimes in the country, sheriffs have had much difficulty to procure an executioner. In short, although, in the eyes of the people generally, a stigma attaches to the hangman, yet, in fact, the hangman is the sheriff’s immediate deputy in criminal matters, as his under-sheriff is for civil purposes. The nature and dignity of the office in some particulars, and the rank of the officer, called Squire Ketch, will be found to be supportable, as well as the fee of office. ”

“ We don’t care. The sheriff sometimes transfers them. If I call him; when I think a man is a little bit unruly, the sheriff often handles the transfer.
I started to tell you, after they are filed on, they become the sheriff’s prisoner. I couldn’t tell you about the rules of transfer, why the constable transfers the other prisoners instead of the sheriff, but that is the usual thing.
Mr. Hubert. Would it have been possible for you to have made the investigation and the interrogation of Oswald that was made on Saturday and Sunday morning at the county jail rather than in the homicide office? ”

“ Robed and armed with his bouquet, he smilingly inquires if there are no sheriffs to escort him into court. A hasty buckling on of sword, a snatching up of his bouquet and a little dusting of cigar ashes from his velvet knee breeches, prepares the under-sheriff for the function, and, preceded by the sheriffs in their blue gowns, his Lordship bringing up the rear, the little procession starts along the corridor and enters the door leading to the judges' dais. The under-sheriff shortly returns to finish his cigar but the guest tarries beside the judge. ”

“ Order must be preserved and the dignity of the Court maintained.”
There was a stir—half of horror—throughout the court-room. Put a man in that jail just for being tight!
Then the Sheriff on one side and his deputy on the other, led the culprit out, now sufficiently quiet and half whimpering. A considerable portion of the crowd followed him.
Outside, the prisoner was sober enough, and he begged hard to be let off and allowed to go home. His friends, too, joined in his petition and promised to guarantee that he would not come back again during the term of court. But the Sheriff was firm. ”

“ None of the three spoke again until the door of the jail was burst open, and the deputy came on them, running.
"Kern," he gasped, as he reached the sheriff, "they're coming."
"Who?"
"Every man in Sour Creek. They tried to get me with 'em. I told 'em I'd stay and then slipped off. They want both of these. They want 'em bad. They're going to fight to get 'em!"
"Do they want to grab Arizona and Sinclair?" asked the sheriff, with surprising lack of emotion. "Don't think they're guilty?" ”

“ The sheriff was responsible for seeing that men of the lower classes were organized into groups of ten for police and surety purposes, and for holding of hundred and county courts, arresting suspects, guarding prisoners awaiting trial, carrying out the penalties adjudged by the courts, and collecting Crown revenue through his bailiffs. ”

“ The county does little for the city dweller. It does not keep his house from burning or his pockets from being picked. It does not build the streets on which he travels nor perform any humane services which could stir his admiration. The sheriff is no neighbor of his nor does he hear of that officer from one year’s end to another, unless it be his rare fortune to be a party to some legal action. The newspapers, to be sure, are apt to give a great deal of space to criminal trials and feature the activities of the district attorney. ”

“ Sheriff? Things have got to a nice pass when that can be."
"Listen!" thundered the sheriff, turning squarely on the astonished lawyer, and shaking his finger under his long nose; "you lied to me about all that valuable paper business. It was you that wanted to steal something you believed this lad carried about his person, a paper that would tell you where to find that hidden silver mine! And I was fool enough to believe you, and to be hoodwinked that way. A sheriff is sworn to do his duty only so long as he believes he is doing right; he has no claim to persecute an innocent party. ”

“ But though the sheriff is thus the principal conservator of the peace in his county, yet, by the express directions of the great charter [20] , he, together with the constable, coroner, and certain other officers of the king, are forbidden to hold any pleas of the crown, or, in other words, to try any criminal offence. For it would be highly unbecoming, that the executioners of justice should be also the judges; should impose, as well as levy, fines and amercements; should one day condemn a man to death, and personally execute him the next. ”

“ It is the plan to have you in the weak jail confined—one single night will serve their purpose—and when your friends come the next morning it will be too late. The sheriff is a weakling, as you know—worse, he is as wax in the hands of Bartholomew, who did win from him at cards much treasure that is to the county belonging, though why that should be cause to make him lick my husband's hand I can not understand. ”

“ What the motive of the crime may have been we do not worry ourselves to inquire; a crime, an outrage upon justice and order, has been committed; that is all we care to know. If anything fresh happens in this connection we propose to issue a second edition of this paper. Our fellow-citizens may rely upon our energy and watchfulness to keep them posted.
“Just before going to press we learn that Sheriff Johnson was out of town attending to business when Judge Shannon called; but Sub-Sheriff Jarvis informs us that he expects the Sheriff back shortly. ”

“ The Legislature undertook to meet this difficulty by creating officials, called State Constables, to be appointed by the Governor and to enforce the liquor laws and the laws regulating child labor. But that did not wholly cure the evil. The officials appointed solely to enforce a law against which there are strong objections in any quarter are always themselves unpopular. The Sheriffs have been from the beginning officials of great dignity, commanding popular respect and confidence. So if it were difficult to enforce the law the character of the Sheriff was a great force on its side. ”

“ I am ready. An officer should always do his duty." The sheriff stated to him that he had a warrant, duly executed and authenticated, and asked him if he should read it. "I will waive that, Mr. Sheriff," replied the Justice. The sheriff then handed him the warrant, which he read, folded it up and handed it back, saying pleasantly: "I recognize your authority, sir, and submit to the arrest; I am, sir, in your custody."
Meanwhile a petition had been prepared to be presented to Judge Sawyer for a writ of habeas corpus, returnable at once before the United States court. ”

“ It was the duty of the sheriff of the county to escort and protect the judges on circuit. As we have two arms, he had two officers,—his right arm the under-sheriff, his left arm the justice of the quorum. The justice of the quorum, assisted by the bailiff of the hundred, termed the wapentake, apprehended, examined, and, under the responsibility of the sheriff, imprisoned, for trial by the judges of circuit, thieves, murderers, rebels, vagabonds, and all sorts of felons. ”

“ I'm sheriff of this county, and I know my duty, and I mean to do it."
"What's the use of kicking, Sheriff," argued one of the leaders of the mob. "The Nigger is sure to hang anyhow; he richly deserves it; and we 've got to do something to teach the Niggers their places, or white people won't be able to live in the county."
"There 's no use talking, boys," responded the sheriff. "I'm a white man outside, but in this jail I'm sheriff; and if this Nigger's to be hung in this county, I propose to do the hanging. So you fellows might as well right-about-face, and march back to Troy. ”

“ The tip he received was so persuasive to him that in the performance of his official duty he was willing to assume all the risk incident to having petitioner arrested. It surely cannot be said that when a sheriff, with his prestige and standing, and bond against civil suit, communicates an emergency message to arrest men in cars as burglars, a policeman must stand supinely by while two people denounced as burglars go along their way. ”

“ And the people in supporting him in the canvass, and voting for him at the polls, support him and vote for him for sheriff. He will be elected to discharge the duties of that office, and for nothing else. And the people all have the certain assurance that he will discharge those duties ably, faithfully, promptly and honestly; that he will surely arrest criminals, and as surely keep them after arrest; that he will effectively aid in the maintenance of peace and order in the community, and that he will afford much sure protection to the persons and property of the citizens. ”

“ It is to be exercised by the Governor and Council as judges, who are to proceed according to the laws of England.
"The Company may appoint a sheriff to execute judgments and do his duty as in England.
"We are of opinion that the sheriff, in case of resistance to his authority, may collect the population to his assistance, and put arms into the hands of his servants for defence against attack, and to assist in enforcing the judgments of the courts; but such powers cannot be exercised with too much circumspection. ”

“ But if the sheriff shall have been changed, he, nevertheless, who succeeds him shall answer for the same and be summoned concerning them; and, unless he render satisfaction, shall be coerced through the farm which he is about to pay. For whoever, when the sheriff is changed, succeeds to the burden of that office, receives from him rescripts of the debts of the king in that county; so that he may be able to know by this, when he shall receive the summons brought to him, from what persons what they owe is to be demanded. ”