The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-10-01
lADJUTANT McGRATH
WAS VICTORIOUS
And May Now Beat the Drum
All He Wishes.
CASE OF THE SALVATION ARMY.

Tried Saturday Afternoon Before Jus
tice Stowe and Jury-Much In
teresting Testimony Brought Out il
the Course Of the Trial
The case of state VS. Howard McGratl
charged with making an offensive and un
necessary noise by beating bass drum
while holding Salvation army meeting
was heard before Justice +. ID. E. Stowe AM
jury in the municipal court room Satur
day. The jury found Adjutant McGratl
not guilty after being out rs minutes: X
G. Bacon, town grand juror appeared TO-
the state and y. n. Barber, A. +. Schwenl
and w. +. Daley represented Mr. M, NC
Grath. The hearing was set for . O'CLOCK
in the morning but the drawing OF jury
proved to be more OF a task than was anti
cipated. Constable A. j. w. Wilkins pu,
the names OF eighteen men in his hat ano
the defendants attorneys objected to Chas
Putfer, Ambrose knapp,, John Z. Dewitt
and =. w. Blodgett The state objected
to Charles 0. Robbins, Frank Mann, IL. 9
Streeter, Albert Prouty, Cotton Mather, L.
s. Goodell, E. ii. davenport and Thomas
Miller. Roscoe Fisher and Charles Ames
were satisfactory to both sides and the re-
naming four names had to be accepted as
satisfactory to complete the venire. They
were Henry Barber, II. +. Weatherhead,
III. B. Chamberlain and r. Il. Fisher. Con
stable Wilkins proceeded to summons these
men and court took a recess until z
o'clock.
Upon assembling of court Mr.. Weather
head was excused after stating that he
had formed very decided opinion in the
case. Resort was made again to the hat
and the state exercised it's right to peremp-
tory challenge which resulted in E. r..
Do,,cx,'e boipp a1 RI Her.
bert Brooks was acceptable to both sides
until Mr.. Barber questioned him as to a
conversation he had had with him about
the case at dinner Saturday Mr.. Bacon
was willing that Mr.. Brooks should sit on
the jury but the court thought that he
should not be permitted to do so inasmuch
as he had conversed with counsel in the
case about the matter in question. The
state objected to f. w. Kuech and John
Howard. Warren Doolittle was accept
able to both sides and the jury. was COM
plete. The case was gotten under way at
go.
Mr. Bacon opened by reading the stat
ute concerning the making of offensive
and unnecessary noise" He explained that
spondent. Mrs. Edith Peterson, the re-
cent Salvation army bride, was the first
witness called She testified that she came
to Brattleboro as private in the army
July ~ and that the army played the
drum whenever and wherever it pleased.
She told OF being present at the time OF the
arrest of Adjutant McGrath and her hus-
band a week ago Saturday evening and
also of being present at the time OF the
visit of Joe the Turk to Brattleboro some
weeks since. She told the court that Joe
was Adjutant McGrath's superior and that
he came to Brattleboro by direction of the
national headquarters in New York city.
This information was given in response to
questions from Mr.. Bacon as to who was
in command of the army during the eve
nings of the Turks visit to Brattleboro.
Ernest j. Waterman testified that the
beating of drum at the corner of Elliot
and Main streets evenings was not con-
ducive to quiet in his law office. He stated
that he had not only been irritated and
annoyed by the beating of the bass drum at
this point but that the music of the in.
strument when played at the corner OF
High and Main street was OF such volume
and character as to awaken his infant
child. Many objections were lnterposed
by Attorney Schwenk when Mr.. Water
whether the playing of the drum had
proved offensive to him. Mr.. Waterman,
however, was permitted by the court to
tell in his own language just how the
music affected him. Mayor Waterman's
description of the Salvation army's or
chestral accompaniment was very vivid
and he explained how an evening at home
had been made failure because the baby
woke up. He was asked about the length
of time that the drum was beaten during
open-air meetings and said that it started
Immediately after the opening of the meet
ing. Mr.. Schwenk excited the risibilities
Of those in attendance by asking (which,
the drum or the baby"
Mr.. Waterman was asked by Mr.. Bacon
IL i alrTtt 4oI
way said "the quality was very poor but
the quantity was large" He said that
such noise on the street In front of his
law Office prevented him from attending to
his clients, many of whom called eve
nings. Attorney Schwenk INDUCED IN
many decidedly facetious questions and in
ssdvertently. referred to His Honor the
ducing Mr. Waterman to say that the
songs sung by the Salvationists were OF a
religious nature.
Village Clerk William Perry testified
that he had experienced annoyance from
the beating of the drum and when asked
as to the volume of the music said Il am
no judge of music but it was very loud"
A question was propounded to him, as was
to Mr.. Waterman, regarding whether he
was willing to testify that he had heard
the drum beaten since the evening of Aug.
IA except upon the occasion of the arrest of
Adjutant McGrath He was not sure that
he had but he was inclined to think that
he had heard the instrument three or four
evenings each week. As to a specific an
noyance Mr.. Perry said that an attempt
to telephone during the manipulation of
the drum had proven a failure. Mr..
Schwenk asked if automobiles, church bells |
and electric cars had ever annoyed him
but Mr.. Bacon interposed an objection
that such noises were not unnecessary
noises under the statute.
DR.. Harry Greene was not positive that
he had been disturbed during profession
al consultations with his patients on eve
nings since Aug. IA but was inclined to
think that he had been. He stated that
he had been disturbed and annoyed by the
beating of the drum and upon being asked
to state in what way he had been an
noyed said that patients could not con-
verse with him in natural tone of voice.
He testified to being present at the time
of the visit of Joe the Turk and heard |
him introduced He was asked by Mr.. |
Schwenk if he had not been asked by
Mr.. Bacon whether he was going back on
him. This question was apparently calcu-
lated to bring out that Mr.. Bacon was
over-zealous in prosecuting the case. DIR. |
Green said that Mr.. Bacon had not asked |
him such question.
Chief of Police George Wilson testified |
that at the time he first asked Mr.. Nc !
Grath to refrain from beating the drum
the respondent had said that the revenue
of the army would be materially affected |
if he did not beat the drum to call his |
followers about him at his open-air meet |
ings. He said that Adiutant McGrath had |