The Barre daily times. (Barre, Vt.) 1897-1959, 1907-11-13
WITNESSES DISAGREED
AS TO THE FRACAS
Some Said That simmons Kicked Peter
Peterson, the Volunteer Policeman,
While Others Said He Dldn't--
Jury Disagreed ALSO.

The breach Of The peace case Of State
vs.. Howard simmons which occupied
the time Of the city court yesterday
afternoon until nearly seven o'clock,
ended IN disagreement ef the jury, and
the case Il ret for retria on Friday
This is the case In which Simmons h
charged with breach Of the peace upon
Peter Peterson while the latter was as.
kisting the police 10 taking Gus Olscn
TO the police station after he had been
placed under arrest SATURDAY evening.
Ten witnesses were used Ia the case
on both sides, and many more who had
been summoned were not called 20 the
stand. Grand Juror +. Il. Davis ap,
peared for tho state and n. NJ Gordon
for the respondent.
Officer Harry Gamble was the hrst
witness called by the state and be testi.
fled that he called upon Peterson TO a..
slst him with Olsen and that when the
crowd grew 20 dense that they we're
unable 70 get through be heard some per.
sons using abusive language 70 Peterson
and saw the latter turn and strike some
person.
Special officer L A. Denno was called
and testified 20 running 20 the assistance
OF Gamble and Peterson, and that he
saw the respondent simmons, kick Ped.
orson while he was helping 70 hold the
prisoner; heard Peterson tell him 10
keep back and saw Peterson turn around
and fell him with a blow. Roy Bugbcc
testified 10 seeing Simmons knocked
down and said that he helped 10 pick
him up. Did not see Simmons kick Ped.
erson.
Peter Peterson testified that Simmons
came up behind him and told him that
be had no business there. Peterson told
him 20 70 about his business and the
respondent kicked him in the side, where.
upon he turned and struck him. Upon
being asked what Simmons did then, the
witness replied that he fell down. Upon
the conclusion Of the testimony Of these
witnesses, the state rested and the re-
spondents witnesses were called.
G. L. Woodworth was the first wit.
ness to take the stand. and be testified
that Simmons did not interfere with
Peterson in any way, but that Peterson
knocked him senseless. Other witnesses
called hy the defense were Samuel Oscar
Bennett, Fernando Perras, Frank Nc.
Quade and Howard simmons All OF the
witnesses testified that Simmons did not
kick Peterson. Three Of these witnesses,
outside OF the respondent, were from
barber shop.
George Mutch. who said he was stand
ing In front OF the same barber shop,
was called in rebuttal and testified that
he saw Peterson knock asman, unknown
10 him, TO the ground that the man had
struck him lPedersoHl before he did II.
After the arguments were finished and
the Judge had charged the jury, that
body was kept in seelusioa for the larger
part OF two hours, and a end OF that
time reported that they we're unable TO
agree. The jury stood five for conviction
to one for acquittai. The makeup of
the jury was as follows: G. w. Melcher,
foreman: S. d. Allen. Andrew Barclay,
(;olda Douglass, Patrick ]. McNulty and
0. n. Granger.
Tho trials Of Alto Mariani and Will
liam Emslie, similarly charged, viii be
held next Tuesday.