Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-12-03
Jury Disagreed
In Case Of State
vs. Joseph Brogi
ARRESTED FOR BREACH
OF THE PEACE.
Tried Yesterday Afternoon
In City Court.

Ano DroSi preach OF peace case was
tried in City Court before a jury yester-
day afternoon. This is the River stree,
case in which Joseph Brogi was ar
rested on charge Of having committed a
breach Of peace on the person Of Frank
Mckay Oh the night Of Oct. 80.
AS two of the jury drawn did not put
in an appearance the case was tried by
mutual consent before jury composed
OF ID. 4. Bisbee, w. ID. Glidden, Roder-
ick McLeay. and Perley Chandler.
Grand Juror Fay for the State called
Nina Robinson Of River Street tor
the first witness. She is lessee of
the tenement in which the trouble start
ed. Her testimony showed that McRay
had trouble with one John Scoyrie ana
that Brogi enterfered between them.
In the melee that followed some hard
knocks were given but did not see Bro
si hit anyone. McRay got the worst Of
it and started out upsetting the lamp as
he went. The rest then lit out.
Of:"er Patrick Brown testified that he
and Chief Rowland were walking over
that way, and saw man running to-
ward them pursued by another. Nc
Ray was the head man and when he
met them told thsmfo arrest The other
fellow for he was trying to kill him
(McRay). 1t was bri. ht moonlight
night and he recognized the pursurer
as Brogi. Started after him aud Bro ii
ran back and into the sunderbrush on the
river bank where At was finally oaIi-
tured. After lie Was StfSsfed u
used violent language and made threats
against Mckay. Chief Rowland testi-
fed substantially the same as Officer
Brown. Neither Of them saw anything
Of Scoyrie.
The State rested here and Nichols for
the defense asked that the case be dis
missed on the ground that the state had
put in no evidence incriminating Brogi.
MIR. Scott ruled against them and they
put Mr.. Brogi himself on the stand who
testified substantially as follows:
Coming from lunch room about 8
o'clock met Scoyrie who told him some
one from Montdelier was over at "the
house" and wanted to see him. They
went over together and he, Brogi, went
in and up stairs to apartments occupied
by Lizzie Sullivan. Been there but
snort time when he heard disturbance
down stairs in Robinson womans part
of the house. Sullivan woman started
down stairs and he followed. Saw Me
Ray and Scoyrie fighting. Endeavorea
to calm them down and McRay hit him
on the head with a piece Of board, light
was kicked over and he thought it time
to get out. Was first out of hous",
thought othe RS were chasing him.
Dodged between houses and out ia
street again across back yards. Saw
man running ahead Of him and another
coming behind Got TO the bridge
and saw two other men coming to,
ward him. Dark and couldn't see
who they were. Thought they were
friends Of Nc Ray and Scoyrie. Turn
ed and ran back into the brush again,
but stopped when officer Brown spoke
TO him. On cross-examination he got
somewhat mixed up. Lizzie sullivan
was the next witness aud testified sub
stautiallv the same as Brogi did, but
said Nc Ray kicked the light over when
he went out. The defense rested and
Officers Brown and Rowland were re.
called by the State and testified that the
night was very light and they had nc
difficulty in recognizing Brogi when he
first came on to the bridge. Tho de-
tense had no more evidence to Introduce
and Mr.. Fay addressed the jury briefly
He was followed by Mcssrs Nichols and
Williams. Mr.. Fay closed with strong
argument, and after Justice Scott had
charged them the case went to the jury
the time being 4 :O5 p. NJ. At 40 Mr.
Risbee. foreman, announced that the
iury had agreed to disagree. Justice
Scott refused to let them 60 till they
had considered the matter more fully
At their request he explained several
points more fully and they again re-
tired. At $40 they were more thar
ever agreed on disagreeing and the
court discharged them, sending each
home rejoicing over the magnificent re-
muucration received for his afternoon!
work. The case was continued till
o'clock a. m. Dec. 7th. Brogi was le
70 on his own recognizance for $25.
Will this case end in the same k'nt
of a fizzle that all the other River stree