sed
her on condition of appearing the next morning to answer for
violating the Sabbath. Mrs. Foster was travelling from New York
City to her father's in Lebanon for her health, and had arrived
at East Haddam on the morning of Sunday, and took the regular
conveyance connected with the steamboat, and had arrived near the
meeting-house in Lebanon at the time she was stopped, and was in
sight of her father's (Dr. Sweet) house, when arrested.

The action was for false imprisonment, and it was contended by
the plaintiffs,--1st, That Mrs. Foster was travelling from
necessity and charity, and so within the exception of the
statute. 2d, That the defendant could not justify himself as
Constable unless he carried the person apprehended under the
Sabbath law before a Justice. 3d, That as Constable he had no
power to detain, and that he did not disclose his authority as
Constable to arrest. And 4th, that the Sabbath law and its
provisions are unconstitutional.

Judge Thompson charged the jury that the words "necessity and
charity" in our statute mean not physical necessity, but moral
fitness and propriety, and that it was incumbent on Mrs. Foster
to show that there was some necessity of this kind operating on
her when she left New York--she knowing that her regular route
would require travelling on Sunday; but that a Constable when he
arrests, must carry the prisoner, under the law, before a
Justice, and then he has done his duty; and as the defendant had
not done it in this case, he was liable. The Judge further
expressed a decided opinion that the law was constitutional, and
that before he could say a law was otherwise which had been
acquiesced in so long, he should require the strongest reasons to
be shown. As to what constituted an arrest, the Judge remarked
that force was not required, or a touching, but it must be a
detention professed to be done by authority and an exercise of
authority; which, he observed, was clearly proved in the present
case. The damages should give at least the actual injury and
something as smart money, if there was any bad motive. This the
Judge said did not appear, but the officer seemed to be impressed
with a desire to discharge his duty.

The jury returned a verdict of 125 dollars damages and costs for
the plaintiffs.--_New-Haven Reg._

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