TRIAL WITNESSES BOLSTER DEFENCE

Several pronounced advantages won by the defense featured the riot hearing yesterday. The trial, the morning session of which President Lowell attended, will probably be concluded on Wednesday.

The afternoon session was marked by a legal battle centering around the location of O.D. Ferguson's seat at the University Theatre on the night of the riot This struggle was won by the defense when the ticket stub of the man located on Ferguson's left was produced. Another feature of the session was the investigation of the charge slips which was carried on by the defense.

R.J.S. McDonald SL, the first witness, testified that he had seen a tall student whom he believed to be Ferguson being beaten despite the remonstrances of the crowd. J.M. Galanis '29 described the start of the disturbance and the arrival of the patrol wagons, saying that the police leaned out of the wagon, and grinned when they were given a cheer.

Describe Ferguson's Treatment

E.H. Earl '30, H.B. Manager '29, and R.F. Hedges '29 took the stand to describe the treatment which Ferguson received at the hands of the police.

J.L. Esley '28 testified that officer Walsh, patrolling the sidewalk after the students had withdrawn into the yard, said to them "Come on out, you cowards, hiding behind Harvard College Yard."

W.L. Grossman '28 stated that he had been arrested near the '57 gate, though he was merely looking on. J.P. Kearney '29 corroborated Grossman's testimony.

N.D. Holbrook '28 testified that he was arrested after returning from a Radcliffe dance. He claimed that the officer in the Square asked him. "What are you doing here? Come along."

"I'm doing nothing," Holbrook replied, "What can you take me for?" "We'll see," said the officer and arrested him.

W.A. Cartwright 2F.S. was the next to mount the stand, stating that he had gone into the Traymore after the show, and had been arrested in front of the restaurant when he had come out, denying that he had been making outeries or interfering with the officers. This testimony was supported by Asaph Churchill '28 and B.E. Levy '28. Samuel Westheimer '28 also testified that he had been arrested in front of the Traymore, although he had been making no disturbance. H.W. Hirsch 3L, and F.H. Freed '28 supported Westheimer's testimony.

Greenough Testifies

The next witness called by the defense was Dean Greenough. He testified that all the defendants who were students had good reputations at the College Office for peacefulness and orderliness.

Judge Chase, conducting the defense, then requested the time sheet giving the time of departure and return of the patrol wagons be brought from headquarters and a messenger was despatched for this purpose.

City Solicitor Nelligan next called some more witnesses for the prosecution: Sergeant J.E. Winslow of Station 1 stated that he had reproved Ferguson for drinking out of a bottle at the Smoker. There was no doubt, he said, of Ferguson's identity and declared that he was sitting in the orchestra half the way down the left center on the aisle.

Several other officers took the stand and were closely questioned and cross-examined about the sobriety and injuries of their prisoners, and then O.D. Ferguson took the stand, and testified that he had sat in the second seat from the aisle in the front row on the right hand side, seat A 4, and stated that he believed he had the stub at home. Under cross-examination, it developed that, although Ferguson had sat temporarily in another seat, this seat was also in the first row on the other side.

William Potter '27, who sat next to Ferguson in the show, corroborated his testimony and produced his stub, which was marked A 2.

The time sheets had arrived by this time and upon examination showed that one wagon had arrived in the Square at 1.15 o'clock and had left for Station 1 at 1.30 o'clock, having taken 15 prisoners in 15 minutes.

The last few minutes were taken up in a questioning of Lieutenant Murray and Sergeant Stokes about Ferguson's charge slip, which said that no cuts or bruises were visible and that he had been arrested by Officers Stokes and Toomey.

Sergeant Stokes declared that he had copied the slip from one of Lieutenant Murray's memoranda which had probably been destroyed.

Sergeant Stokes admitted that he had not arrested Ferguson and did not know that Toomey had, but that, when large numbers of arrests were made the police try "to divide them up evenly among the arresting officers."

Court was adjourned until 9 o'clock Wednesday morning, Judge Chase estimating that all the cases would be finished before the luncheon recess