The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-10-01

Elliot and Main street. Objection wal
raised by Mr. Bacon but the court per
mitted him to tell if he knew that the
facts might be brought out. The chief sale
on the bank corner.
store proprietor was called but did moi
respond to his name and @. l. Knapp was
the next witness Mr.. Knapp testified
that he had apartments in the Crosby
block and that the noise of the drum was
mot pleasant" and that it was annoying
asked him to wait until a team passed
which was making a sufficient amount OF
noise to drown the words of the witness:
To add to the noise an automobile honked
loudly and when the litter that went round
the room had subsidized Mr.. Schwenk said
have no children" The witness replied
that he was not married Mr. Schwenk
asked hun if was true that he had really
nothing to do evening but sit at the en-
trance to the Crosby block and watch
the autos and ladies pass" Mr. Knapp
appeared to be blushing but the poorly
lighted courtroom prevented it from be-
| ing particularly noticeable. The witness
| said that he had been disturbed one Sun
day while reading.
| DR.. George f. Barber said that he had
seen Savationists holding meetings on the
bank corner opposite his Office and had
| heard the fve-year-old son of Adjutant Nc
| Grath beat the drum. AS to the noise be-
| ing annoying he was of the belief that it
in the evening especially if engaged in the
administration of an anaesthetic. He said
he didn't enjoy that kind of music" He
was not sure that he had heard the drum
since Aug. "A.
Id 49,, &c %1,a
drum had awakened her baby and fright
ened the child. Manager John F. Brasor
of the Brooks House testified to receiving
numerous complaints from guests asking
that they be given rooms other than those
on the front of the house, claiming that
the noise of the drum annoyed them. I'm
der cross examination by Mr.. Schwenk ne
number of guests making such complaint
but could give an idea if he had recourse
to his hotel register Mr.. Dugan having
been located testified that there was q
discord between monographs, pianos and
bass drums and that the playing OF the
latter was an annoyance to him in playing
the former in his music store. Cross ex-
amined by Mr.. Barber he said that the lit.
tie fenow who played the drum kept good
time but not the time that was kept by
the monographs and pianos. He said he
had no objection to any of the other in.
struments played by the army. "All
through" he asked, and was told he might
go.
Mrs. Grace Doak, Crosby block resi-
dent, testified that the noise of the drum
had kept her six-year-old son awake eve
nings She could not say that she had
heard the drum since Aug. IA. Mrs. Fred
Cressey, another resident of the Crosby
block, testified to hearing the drum beaten
but was not particularly annoyed except |
when it was played in the Salvationist's
hall near her apartments.
Howard N[cGrath, the only witness for |
the defense was called. He testified as to |
the methods of holding meetings and said |
that he came to Brattleboro July %. He
told in a colorless manner how meetings |
were conducted and said when asked as to
the number OF times that the drum was
beaten during a service that it was played
after the giving of each testimony. He said
that he had retrained from using the drum
after being requested to do so by Chief of
Police Wilson. He said that he held his
meetings near the post office after receiv-
ing the request. There seemed to be a
attorney and the respondent regarding what
passed during telephone conversation
between the two relative to the army hold
ing a meeting in front of the post Office.
Mr.. McGrath understood that Mr.. Bacon
would see the chief of police and advise
him (McGrath) whether he could hold
such a meeting. M. Bacon was Of the
(McGrath) would have to see, the chief in
the matter This conversation arose over
9 complaint made by sick person in
Crosby block. Upon cross examination Mr..
McGrath testified that he was occupied in
no other way than with his duties of
salvation army officer. Queried as to his
statement to the chief Of police that his
revenue would be lessened if he was not
permitted to beat drum at his openair
meetings he said that without the music
Of the drum his attendance would be les
sened and his collections accordingly. He
told Mr.. Bacon that personally he would
not have acted as did Joe the Turk dur.
ing the latter's visit here. That closed
The defense. Mr. Wilson was recalled and
testified that he had requested the re-
spondent to refrain from beating the drum.
Mr.. Bacon waived his opening argument
to the jury, and Mr., Barber, opening. the
for the defense, quoted from
Blackstone strong passages touching the
close relationship of religion with law. He
made strong plea against a religious
persecution of the respondent and quoted
the constitution of Vermont to show that
all men are permitted to worship accord
ing to their own ideas.
A.r Schwenk made an imprisoned plea
for the Salvation army and told of the
work of the organization. He dwelt upon
the insignifcance of the offense, if it
could be called an offense. Mr.. Bacon
briefly referred to the testimony which
lad been introduced and dwelt upon the
orce of the statute under which the com :
olaint had been brought. He insisted that
40 attempt had been made to persecute
he respondent but simply an attempt was
0eing made to uphold the law of the state
and he showed that there was no ambigui-
" about the statute.
The case was given to the jury at $40
and Constable H. E. Harris was given
charge of the six men, A verdict Of not
guilty was returned at 6.45. Adjutant
McGrath was surrounded by members of |
he army and friends and warmly congrat
Hated when Foreman III. Chamberlain
stated that he was not guilty. Several
members of the army shouted religious
calculations and Mr. McGrath shook hands
With the jury. Early in the afternoon the
five-year-old son of Mr.. Nc
5rath began to sob in the court room and
vas led out by his sister.