State v. Crocker

Counsel

Watson, (Massey with him,) contended that under the official powers conferred upon him as a town constable, he had no authority under the facts proved to arrest the defendant, and became a trespasser the moment he attempted to make it. Cashell was neither present, nor saw, nor heard any of the disturbance in the store, except what was said to him by Mrs. Hartnett in the back yard, that there was a fight in the store, and he did not even know when he started in pursuit of the defendant, nor until after he had succeeded by brute force in overpowering and arresting him, that he had been in any way involved in the disturbance. The defendant was therefore justified in resisting the arrest as far as he was able, and certainly to the extent proved in the case, and should be acquitted. Hodgson, Deputy Attorney General. It took the constable but three-quarters of a minute to run from the back yard round to the front door of the store where he saw the defendant running out of it, and a bloody man in it, and it took him less time to catch the defendant, when this assault and battery was at once commenced on him by the defendant. It was all one continued transaction and disturbing of the public peace, and he was so near at hand at the beginning of it, that it might be held to have been in his constructive, if not his actual presence from the start.