The daily morning journal and courier., 1907-11-08


 when he first went down to see him in the taeater that he had better go down stairs, as the manager wanted to see him. Noel replied that he made no disturbance.
 He then took hold of Noel, and as the latter's coat partly came off, Noel struck him over the shoulder. As they were going up the aisle Noel struck at him again. Then while going down the stairs he hit at him. and that was !, the time he claimed that Noel fell and cut his eye Calling the officer vile name Noel remarked: If had a gun I'd kill you"
 Witness said Noel swore at him again while they were waiting near the ticket office for the police wagon, and then Noel wanted to fight him again
 Charley Clarkson, special officer and machinist employed by the New Haven road, was at the theater in cit- izen's clothes When the orchestra was playing Dixie" they began to sing War Cry" and he saw Special Bright and Manager Wilkes together Next he witnessed the arrest and followed the pair as they were going down the stairs. He saw Noel strike Bright, but said the latter did not strike back He heard the student say:
 "Too bad I ain't got a gun. I'd kill you fellows"
 Harry Futile, lineman for the police department testified that he heard Noel call Bright several vile names, and say he would kill him If he had a gun. He saw Noel strike Bright, but did not see any blows struck by the lat ter
 Policeman McDermott was a specta- tor at the theater the night in ques- ton, and he saw Noel strike Bright once in the lobby. He did not see the officer strike the student.
 The state then rested.
 Dr. L. c. Sanford was the first witt ness for the defense He testified that !Joel called at his office Thursday night after his release following the arrest, and his face was bandaged His nose was broken and the right eye was clos- ed from the effects of wounds, the bone under the eye being broken, The witness considered 1t the result of a 5rutal assault and believed the wounds were inflicted by club. There was a possibility, he said, that the accused might neve fallen on club, but 1t was very improbable.
 Dr. Arthur F. Slater, dentist, was at the theatsr last Thursday night and he testified that he did not think there was any unusual disturbance. While the officer was taking Noel from his seat, witness said he remarked: {: Let him alone" He considered that Noel was roughly handled by the po- licemaD.
 Ogden ". White, reporter, testified as to the nature of the entertainment and the applause he designated as ordin- sly for the house. He watched the tus- sle between Policeman Bright and Noel up to the time That the toilet was reached. He said he saw Bright make a pass at Noel, and the latter strike the policeman.
 Andrew J. Eli, student at Yale, testified to seeing Special Officer Bright strike Noel with his club as he was taking him down the stairs. Then witness said Bright threw down his club and struck Noel with his fists sev- eral times. He regarded 1t as a brutal assault. At no time did he see Noel make any attempt at resistance while tho officer was taking him out.
 Mrs. Joseph Mulvey, wife of the al- derman, caused a good deal of surprise by testifying that she saw Bright strike Noel with his club in the face, before he pulled the student out of his seat
 Miss McQueeney of Asylum street, testified that Bright struck Noel with the club on the side of the face as he was taking him out of his seat.