The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-22
THE sTRoUT CASE.
Mayor Libby Makes His Opening
Argument.
THE TESTIMONY FOR DEFENCE IN
PROGRESS.

The Supreme Court, Judge Symonds, came
| in Yesterday morning, at 10 o'clock. Inc
| court-room was. of course, crowded all day,
the audience including many ladies.
The counsel for the plaintiff announced that
| their side of the case was closed, and MIR. Lib
| by counsel for the defendants, proceeded to adj
dress the jury in opening. He called attention
| to the liability to overlook the safeguards
| which the law throws around persons who oc-
| cupy the position of the defendants. Whether
they are brought before the court on civil or
| criminal CHARGE the fact remains the same
| that the burden of proof rests with the PLAIN
| tiff. The law says that every accusation shall
stand or fall on its own foundation, and it is
| not competent to introduce evidence OF the bad
| character or previous acts of the defendants
College hazing is not looked upon by the out
side world with favor. While 1t Will excuse
| something, it, at the same time, is demand ed
that the rights of persons and the limits of the
| law be not overstepped But we should not
sweepingly denounce the frivolity and foolish
| ness of boys These young men are entitled to
| be tried before the jury on the charge simply
which is brought against them. He cautioned
the jury not to satisfy their consciences by say
| ing that they will do the public service by
| making these young men an example; that,
| although they may not be guilty OF TINS, tney
| have done other acts which deserve punish
ment, and thus strike an average OF their mis-
deeds. Certain evidence, he said, had been in
troduced, which would have tendency to
mislead the jury; that u.s. general showing OF
past misdemeanors. This issue has been made,
less on who threw the piece of coal by which
young Strout's eye was hurt, than the extent
and nature of hazing at Bowdoin College. Ev-
idence has not been introduced that the seven
defendants wounded Strolt, but that some OF
them have at ether times, been present at and
in some way connected with hazlng affair. In
face of the declaration of the counsel for the
plaintiff, that they would satisfy you by COM
bination of circumstances so strong and con-
vincing that the conclusion could not be es-
capped that these young men are responsible for
the injury to Strout, ask If they have done 1t.
If these seven defendants had not come into
the room of the plaintiff few minutes after
he was injured, there would not have been
shadow of suspicion that they were the guilty
ones. Instead of offering proof they say that
the bad character of the defendants in the past
is the basis of the demand that they be found
guilty. Whoever threw the stone did 1t on his
own responsibility. If you had never sat In
court room and had heard it said that for sim
gle blow, inflicted by single arm, seven per-
sons were to be held responsible, you would
naturally ask for the reason. That "tall young
man with the round top hat is alone RESPONSE
spired together. Where is the proof OF the
first word exchanged between two of them
even, to say nothing of the seven, whereby
they agreed with one another to commit inns
outrage? They say that this has been prac-
tice with the defendants, and that because
Thornton was injured by brick the week be-
fore by crowd of half the college, these seven
students injured Strout. This evidence was
admitted by the Court in the promise OF coun-
sci that they would show direct connection
of these previous acts with the Strout affair,
but they have failed to do it. Where does the
evidence in this case come from? Nearly all
from the admissions of the students, frankly
made to the president of the college. The de-
PENDANTS have in all those cases. promptly and
fully denied all connection with the injury OF
young Strout. The character and future of
these seven defendants are as dear to them as
is his character and future to the plaintiff. Yet
they would have you believe that the testime-
ny of these seven young men is not to be cred
tied; that they have deliberately lied, and are
now about to perjure themselves. On the
night in question, the crowd was after cider:
They visited rooms in North Appleton Hall
and also in South Appleton. They gained ad-
mission courteously, and did nothing but search
for evidences of freshman congregation for
the purposes of drinking cider. The rules
among the students may be foolish, but they
exist Bringing cider on the college grounds
by the freshmen is regarded as a direct chal-
lenge to sophomores to take it away from
them. This was their purpose in being out
that night, not to commit dangerous assault
upon Mr.. Strout Mr. Libby then reviewed
the evidence in the case fully. He occupied in
all over an hour and half in opening
The first witness for the defense was Noah
B. X. Pettengill, one OF the defendants,
member of the junior class OF Bowdon college:
He testified that he remembered the night of
the assault. He did not go up with the party.
He came round abe corner of Appleton with
the rest. There was no appreciable stop at the
steps. Packard went out fifteen feet from the
e - - nk~x .a1 Iarrrr
enough to glance at the windows. He came
back in half minute or less. He first heard
of Strout's injury the next forenoon. He had
no connection with it. He had no knowledge
of any combination to injure any one that
night and attempted no injury. Sweetsir staid
down stairs. He talked with deputy sheriff
Parker when he came to serve the writ Park
or said, zone of you seven boys threw that
COAL and we know the one that did It,. The
best thing he can do is to go to Portland and
see Mr.. Strout." I said to him, "You are
meddling with something that is none OF your
affairs" On cross examination the witness
said that on the night of the assault he read
the papers in the reading room until 8 O'Clock.
He then started to go up stairs to his room,
south end of main hall. Dunning came up
and said that freshman was coming on the
ground with cider. He went to Cummings
room, then came down stairs to find the fresh
men. He was Joined by the other SIX defend
ants on the campus. He met four or i've to-
gether near the north end of Winthrop hall.
We were afterwards Joined by Perham. We
separated and J. went to one OF the entrances
1t was half an hour before we came together.
We separated spontaneously. We met at the
nerth end of Winthrop hall. There were eight
in all. the seven defendants and Perham.
waited for the others to come up to ind Whetn-
or they had seen the freshman with the cider.
We then passed down the path to Main Hall.
If we had seen the one with the cid
err, we intended to share in the cider.
To the question "Was it your purpose
if you saw the man with the cider to follow it
to the room when it was carried? the answer
was "Cannot state; don't know what my pur-
pose was" AS we saw no one we determined to
go to the freshmen's rooms. First we went
along Winthrop Hall. We went into no
rooms there. The party said they had seen
all the freshmen there We went by Main to
the north end Of Appleton Hall The rooms
here were the first entered. We visited two
rooms at the north end of Appleton Hall, and
looked into third. Some one inquired
''Have you got any cider?' No one suggested go
ing to the south end of Appleton Hall but we
went, passing along the westerly side. 1t took
perhaps half minute to go down. We were
talking and laughing. never went alone to
a fIeshman's room for the purpose of sharing
cider. We went together on account OF Gus
tom. After passing through the posts at the
| south end of Appleton Hall saw each one OF
the party till they went inside the door,. Pack
| ard stepped out in line from the end OF the
| building. Packard was gone perhaps fifteen
|
| went up stairs and met the party. heard no
| remark about freshman wanting to know
| what allied Strout. went up two more
| flights to room. Came down and the party
| practically dispersed. / went along to the back
| side of the building to my room. saw no one
| else at the south end of Appleton Hall, heard
| no one, heard no noise, no crashing of glass
| that evening On the night Of the Thornton
| affair was out. Twenty-Five were out that
| night. Was present when Buffers, Thorn
| TOMS and Lees windows were broken Orders
were given ''lights out" aud then the windows
| were smashed.
The witness was sill on the stand when. the
| court adjourned at noon.
| This afternoon theicase was continued by the
| defense, Pettengill on the stand, under cross
/ examination He testified that he is mem
| Der of the Zeta Psi and Phi Chi societies. Six
| of the defendants are members of the former
| and five of the latter. The latter society is
| composed of the three upper classes. Strout
| was not member of either society. Inter-
| cepting cider is not strictly part of what is.
| called hazing freshmen. The witness then ex-
| planned from plan the exact position of Pack
| ard when he stepped out from the party before
| going to Strout's room. Packard was in full
| view all the time. On the nights previously
referred to members of the other college socie-
| ties were out.
| Edward ]. Norman, druggist in Bruins