The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-20

before Judge Symonds yesterday morning
The defendants are Samuel e. Parkard, Port
land; Charles III. Dunning, Brunswick; Don
aid @. Clark, and Henry X. Bradley, Bangor
Noah B. K. Pettengill and Ernest G. Smith
Augusta, and Albert F. Sweetsir, Searsport.
After empanneling jury, in the course o
which two persons were objected to by the de
fence, the case was opened for the plaintiff BY
Hon. Henry B. Cleaves, who with A. A. Strou
Esq, represents this side of the suit. Charlie
f. Libby, ESQ.,, appeared for the defendants
Mr.. Cleaves, in opening read the writ, which
sets forth in substance as follows: On the 25tf
of October, 1881, the defendants with force ant
arms assaulted Charles A. Strout, a member Of
the Freshman class in Bowdoin College, ther
and there beat, bruised and wounded him
struck him with a piece of coal weighing s
pound, making Commissions on his head and
face BY this means the sight of his left eye
was wholly destroyed for two weeks and the
permanent loss of sight was endangered. The
defendants on said day wantonly, wickedly
and unlawfully conspired, confederated and
agreed together to attack and assault certain
members of the freshman class of Bowdoin
College, and in carrying out such agree
ment injured Charles A. Strout as stated
above.
Mr.. Cleaves said that the assault was conf
mitted within the limits of Bowdoin College.
On the part of the plaintiff ne disclsimed the
intention of making any attack upon the col
lege, its officers or students in general He
spoke of the standing of the college and the
ranufotion NJ ;tc oraduotoe Ha rafarrad 10
its distinguished presia4.s qua TO MS ability as
a. sss..aar, statesman and soldier. The de-
PENDANTS, he said, had assumed the authority
to regulate the discipline of the college and
had trampled all the laws and regulations of
that institution underfoot, as well as the laws
OF the State They assumed the right to batter
down doors and break in windows. They
seriously injured a fellow student and con-
demned him TO months of long and weary suf-
fering. Young Strout entered collegein the
fall of 1881, in strong health and with a
vigorous constitution. He went from home
almost for the first time, followed by the soli-
citude of his father and mother. Within four
weeks he was returned to them wounded, per-
haps permanently, the victim of an assault
committed upon him by his fellow students
without cause, by those who should have de-
Tended him.
Mr.. Cleaves showed a plan of the college
grounds and explained to the jury the situa-
ton of the various college buildings where the
assault was committed. Strout occupied
room in Appleton Hall, up one flight. Mr..
Cleaves claimed that he would be able to
satisfy the jury that combination was formed
and entered into, for an unlawful purpose.
that is for the purpose of what is called hazing.
He said that the plaintiff might not be able to
satisfy the jury by direc evidence whose hand
threw the piece of coal which injured young
Strout's eye. But he claims that he would be
able to satisfy them by combination OF cir
the conclusion could not be resisted
that this party of students, the defendants. are
for the injuries Inflicted upon the
plaintiff. He then read the law that any per-
son who is present and conserving to an as
sault as in this case shall be deemed an alder
and abettor.
Joshua L. Chamberlain was the first witness
called who testified in substance as follows:
I am the President of Bowdoin College, and
have been for ten or eleven years The fall
term last year commenced October or 5. The
witness described to the jury the location of the
college building, paths, approaches, etc, and
continued AT the time of this injury 1 had
not much of an acquaintance with young
Strout but recognized him as a member of the
lower class. I first learned of this injury the
next morning after it occurred-about ten
O'Clock. Within few days, my impression is
the day learned OF it, had a con-
sersation with each of these seven defendants.
r of I'm finn ff-
any such purpose as this trial, but in pursu-
ance of the college discipline. In answer to
Mr.. Libby the witness said that the students
attended him in answer to a summons or re-
quest from him to do SO; that he did not press
them to mako these declarations, for it was not
necessary to do SO; they answered with perfect
frankness The interviews took place at my
library at my house. The defendant Smith
stated that he was out that evening and in APP
pleton Hail. both in the north end and south
end, probably about quarter or twenty min
utes past ten that he was there with others,
who had been induced to visit the grounds and
buildings. He said he had heard that the
freshmen were going to try and bring some
cider into the college grounds, and it was
thought best to prevent that being done. He
said certain rooms in the north end of Apple
ton Hall had been entered and examined for
that purpose and subsequent to that certain
rooms in the south end, among them Strout's
room was also entered for that purpose. He
said that in approaching the hall some person
stepped around or backed from it to see If there
was a light burning in young Strout's room;
that the attempt was not made by him, and he
was not sure that he knew the person-that he
himself did not fairly enter Strout's room but
stood in the doorway, but that nearly all of
them went in. He saw Strout standing in the
bedroom doorway with his hand to his eye;
that he, witness, made no remark about the in-
jury, but heard some one. ask what is the
matter"
1.-THE counsel for the plaintiff here offered to
show by the admissions of the defendant
Smith that he with the other defendants went
to the rooms of eother freshmen on this even
ing both before and after the attack on Strout,
in pursuance of the same unlawful purpose
haZing,- compelled the occupants of the rooms
to sing songs, repeat Latin, put on an old bon
net, and do other humiliating acts against the
will of snch students Tbs court said at this
stage of the case he would exclude it but
might modify I'll g ruling later in the case
The witness proceeded. In the conversation
had with the defendant Dunning he said
that on the eve OF the affair he was down by
Townsend's grocery store little after 9
o'clock; saw person he took to be freshman
apparently about to purchase cider; that he
was pretty well satisfied the freshman intend
ed to bring it into the college grounds; that he,
Dunning, went to the room occupied by Brad
ley and Packard two of these defendants) and
told them the freshmen were out after cider;
tHab Lie iOuuimdtc, oWSOtcll dIu no Will tu0
rest-five sophomores and two Juniors in all
went out to hunt up the freshmen with the
cider He said there may have been others in
the party but only these seven were in Apple
ton Hall; that they went into rooms in the
north end and then down the front side of the
building to Strout's room in the south end
that he walked down holding Sweetsir by the
arm all the way.
The defendant Sweetsir said be was with the
party in and around Appleton Hall that night;
that they went into freShmen's rooms in the
northend and then down to theisoutb end, pass
ing in front of the building; that he did not go
up TO Strout's room because there was no cider
around and it was no use to spend time hunt-
ing for it.
The defendant Clark said he joined the party
looking for freshman cider; that the party con-
sisted of five sophomores and two juniors that
they passed down in front of Appleton Hall
and up to Strout's room; saw Strout standing
in the doorway of the bedroom holding a
handkerchief to his eye. He said his failure
to take notice of Strout's condition was not
heartless Indifference for he did not know how
badly Strout was hurt.
In the conversation with the defendant Brad
ley he said he went out to help intercept the
freshmen coming into the grounds that the
clock struck ten while the party was ont for
that purpose; that seven of them went to APP
pleton Hall and in passing to the south end
they passed in front of the building; that one
of the parties .sstepped round the southeast
corner of the hall to see whether there was a
light in Strout's room.
1t was asked who Bradley stated went round