New Britain herald., 1914-05-05
City Attorney Itrardi and DcfcnG- ants Counsel Have Many TltS.
EXCITEMENT ENJOYED BY STUDENTS
Attorney Fitzgerald Declares He Will Prove Accused Did Not Commit AL legged Assault Upon Edward HI. Everit.

New Haven, Conn.,, May 5.-Upon resumption of the trial of Stanhope w. Nixon, son of Lewis Nixon of New York city, on the charge of breach of the peace today, counsel for the de- fense outlined an alibi for the de- fendant. In the course of tilts be- tween the defendants counsel and City Attorney Ierardi, which were numerous, MT. Fitzgerald for Nixon declared that he would prove that Nixon did not commit the assault upon Edward H. EWerit, chief en- gineer of the Southern New England Telephone company, but that "it was committed by the person nearest to Mr. Everit that night MT. Everit was assaulted over the head about 2:15 a. m., on the night of October 22nd last, while on his way home. The first person to reach him in re- Eponse to his cries for help was Wilbur Jewell, and the testimony of the latter as a witness for the prose cution was attacked yesterday by the defence. The defence put in more evidence today in an attempt to dis credit Jewell's statement.
 Football Player Testifies.
 To establish an alibi w. D. Savage, of Norwalk, Conn.,, Yale footpall player and Cloister man, testified that about 2:12 a. m., on the night or Oc- tober 22 he was awakened and look ing out on Hillhouse avenue saw q group of boisterous students. lie saw two Cloister men, F. K. Kiernan of Chicago and G. c. Catlin of Wa terbury, Conn.,, go out and speak to the group. A moment later one m the group detached himself and spoke to Kiernan and Catlin who answered All right Savage swore that that indi- vidual was Nixon, the defendant. Nixon, he said, rejoined the group and all went towards the Colony. Saw age said he looked at his clock and it was then 2:12.
 He remembered the night in par ticular as being in training he could not go to the theater and the party which followed, and he looked at the clock to see how much more sleep he was to have, being under orders to sleep certain period. On cross examination Savage held to his re- cital.
 Sharply Cross Examined.
 The assault upon MT. Everit which occurred several blocks away from the Cloister and on Whitney avenue, hap pened about 2:15. City Attorney Ierardi sharply questioned Savage which brought protests from MT. Fitzgerald.
 The city attorney claimed that Sav- age was a recalcitrant witness, but the court thought he was a fairly good one. The court room was damned, so far as space was avail able with spectators, college boys by the scores coming on the floor on the platform reserved for the general pub lie.
 Students Are Pleased.
 The constant objections pro and con between the lawyers pleased the stu dents immensely and officers con- stantly had to warn them to keep si- lence.
 The case opened with the intro- duction of an elaborate diagram of the locality in which the assault upon Everit took place, the lines run by J. Fred Jackson, an engineer leading from 62 Whitney avenue, in which house Wilbur Jewell had said he had srent the time from midnight till about 215 on the night in question: Jewell had testified that as he left 62 Whitney avenue he heard cries for help, and that he ran up the avenue several blocks until he found MT. Everit in Bradley street, near the residence of the late Clarence Deming. The diagram showed distances in several directions minutely.