The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-05-20
MORNING JOURNAL COURIER, WEDNESDAY, MAY 20,

fresh and later, Pm moving back as
fast as | can" These two sentences,
he declared, were the only things he
said to an officer that aItegnoon. Iheh
he heard some one say Beat IT,. ana
finding an opening In the crowd he lett
and went away, lie said that he had
been trying to get back before, but the
his efforts he could not do So But
the opening through when he fnally
got out, he testified, was oceasioned by
the bursting of hose which scattered
the people about IT, He said he did not
strike anyone at all and did not hear
anyone say GIVE 1t to him. Dutch!'
and Take their clubs away, nor dld
he try to do so. lie also declared that
he did not see any knife.
On the cross examination Goebel de-
clared that his going away was not in
ilucnced by the cries of Beat It," that
he was not afraid OF being arrested
and that he had never had his hands
on the rope at all.
Benjamin Wallis of Boston was the
third of the defendants to testify. He
said that he was the one who told Goe-
bel to beat II and that later some Of
iicers came up to him and said Here's
Dutch Goebel. the man we want" He
told them they were mistaken but they
placed him under arrest. He said he
was arrested west of the fire line. He
likewise stated that he didn't see Goebel
strike anyone and testified that he saw
one officers club raised as II to strike
Goebel and he pulled his arm and told
him to Beat It," He said he did not
raise his arm to strike an officer, as
had been claimed, but simply to ward
off from himself blows which he fear
ed would come his way.
Charles II. Gilbert of Brooklyn took
the stand last. He said he saw an Of
iicer crack someone over the head with
rather undue violence, he thought. ana
then heard people about him say Take
his number: that's awful" and think
Ing so himself he put his hand in his
pocket 10 get out pen and his mem
Uranium book. The officer told him to
get back and he says he replied IAN
right, but | want to get your number"
At this the officer replied, according to
his testimony, 70, you do, hey, well
come along with me" Then he replied,
"All right, but l think you're making a
mistake ! think 1t Is allowable to ask
policeman for his number. lie lden-
tilted the patrolman as Patrick CASH
| dy He said he never saw the rope
which was used as the fire line and
did not see anyone strike an officer. He
denied that he had attempted to trip
any officer.
The arguments were brief. Assistant
! CITY Attorney Hoyt summing up for
the state declared that these were cases
| OF common, ordinary breach of the
peace, such as come up every day de-
| spite the interest stirred up about
| them. lie declared that under the or
dinaices no one had right to be a,
a FIRE, and must take the consequences
oi beng caught In crowd there. The
Nrellen are supreme at fire and the
officers must do anything they order "a
help them work without question.
Regarding the student phase Of tho
matter he said he did not believe an,
men should be given greater right
than any other man. and that none
should be accorded less, and that he
ola not wish TO deprive any OF theli
rights. But a fire. he declared was not
started TO furnish amusement for any.
one, and That anyone caught In a dis.
orderly crowd must take the conse.
quences. He rl1iculed Goebel's state.
ment that he had said nothing NOR,
than the two statements he had sworr
were all lie had uttered TO a police,
man
In the close he touched on the mat.
ter Of trying the police. stating tha
duty way not at stake, although h,
was rot ready to concede that at all
Mr.. LOOMS started of with tn,
statement that he did not present am
general criticism OF the police depart
ment, nor Of Sergeant Smith, but tina
he did criticise severely the action D
two of the officers who acted not ao
cording TO orders. but contrary TO them
lie declared there was not scintilll
Of evidence offered by the state "a. fos
ten any wrongdoing upon any OF tn,
accused. He scorned the idea that
man did not have any right to be at
FIRE and asked, Does It follow, for
sootn, because n man was there that h,
is to, be charged and convicted o
breach Of the peace on that score?"
The only evidence against Goebel, h
declared, 10 be that OF Pat Cassidy, an,
he considered that discredited by othe
testimony.
In conclusion he asked for dis
charge OF the entire four on the groun
that the state had failed TO connect an,
one Of them with any breach of tn
peace
In announcing his decision Iudg
Tyner said that II was not necessar.