Morning journal and courier., 1892-12-17
YALE FRESHMEN FINED.

proper COnQucC at the Ne" HaVen
 Opera House - An Appeal Taken
 Under Bonds of $2OO Each.
 The two Yale freshmen, Frederick M. Wyerhauser and James NJ. McCres, whom, it is alleged, were implicated in the dis turbance at the New Haven opera house on the night of December were tried in the city court yesterday before Judge Pickett, found guilty and fined $1OO and costs each. An appeal was promptly taken to the January term of the court of common pleas under bonds of $200 in each case, which were furnished.
 The prosecution was conducted by City Attorney Dow, assisted by Attorney 0. s. Hamilton, representing Manager Smith, and Attorney Harry Asher, representing Emil Adler, ths bass viol player, whose eye was injured by one of the torpedoes thrown on the stage. The interests of the accused were well taken care of by Attor- ney J. P. Goodhart.
 Emil Adler was the first witness called. He testified that on the night in question there was great excitement in the theater caused by the explosion of torpsdoes and the releasing of pigeons by someone in the upper left hand box. MT. Adler said fur ther that he was standing with his face on level with the stage, and pretty soon 8 torpedo was thrown down from the left hand box of the stage and exploded near the edge of the stage, the sand striking him in the face and filling his eyes so that he was unable to see. MT. Adler said that his eyes were yet very weak from the in juries. He said he could not identify the man who threw the torpedo.
 William F. Ryan, @ scene shifter, testi- fed that at 8:15, shortly after the per- formance commenced, the excitement be- gan with hissing, stamping and olapping, went behind the scenes and watched the occupants in the upper left hand box, and Wyerhaussr was one of them. He saw @ torpedo thrown from the box on to the stage, and reported what he knew to Man sger Smith. When asked how he was able to identify Wyerhauser he replied that he knew him by his light hair and light clothes. He did not know whether McCrea was in the box or not.
 James Condon, another scene ehifter, corroborated the previous witness. Manager Smith testified that the reports from the explosives were as loud as the report from pistol After the last one had been thrown he went to the box with oLdSo pSuOoI bJdu duu EdlU u ulu "Which one threw that torpedoT MT. Ryan pointed out Wye rhauser. "Are you sures" asked MT. Smith. MT. Ryan said he was sure and then MT. Smith turned him over to o fficer Lswton, the opera house policeman.
 Wyerhauser said he did not throw the torpedo. McCrea, who was sitting near the entrance of the box, said: "Hold on there, don't take him out." But the off. l csr placed him under arrest and led him out of the box.
 On cross- examination MT. GoOdhari asked If another man was not first pointed out and taken by the officer and then lei go and Wyerhasuser arrested. Mir. Smith replied that there was not. He identified McCrea positively as being in the box. Officer Edward Lawton, opera house policeman, testified to placing the accused under arrest.
 Here the stats rested.
 Attorney Goodhart refused to put ir | any evidence for the defense and the argu ments were proceeded with, City Attorney Dow opening for the state and Attorney Goodhart> closing for the defense. I Judge Pickett in summing up the evi
 dence said:
 There has not been arrested number
 of persons to charge rioting, and only
 two parties have been prosecuted by the
 state for breach of the peace. The statute provides that persons who assist in dis
 turbance may be punished as if they
 were the principal offender. The princi
 pal evidence in this case shows that Mr
 Wyerhauser was in the box. Tht
 presence of MT. MeCrea is un questioned. While the court fndi
 that they had nothing to do witt
 letting the pigeons fly it does find that on'
 caused the torpedoes to explode and tht other aided the action. The court thinks
 that the young men went to the box fol
 skylarking, but it was reckless skylarking
 The court doesn't believe that they intend
 ed what did result in serious injury to MT
 Adler. The disturbance frightened ths
 audience and in iteelf had all the elements
 of panic.
 The court. in fixing the penalty, will mol
 render an imprisonment, as the disturb
 ance was not created or the person injured
 through malice, but the fine in these cssei l will be $100 each.