*Last Thursday night the hall on the corner of College and Wall streets, occupied by the Scroll and Key Society, was painted by some unknown person in such a manner as to deface and seriously mar the fine effect of the marble front. All college disapproved the act, and many were glad when it was known that two detectives were engaged in working up the matter. Many, however, considered that the more dignified stand taken by the Skull and Bones Society which had suffered a similar, though from the nature of the building material, less injury would have been the proper treatment.
Friday afternoon several suspicious looking men went through South college in a vague sort of a way, inquiring for bed-room sets, etc., and during annual, one room at least was searched.
Early in the evening Edmund R. Terry, a Senior, from Brooklyn, was pointed out to a constable by a classmate named Jewett. Several men were at the fence at the time, and so the demand for a warrant was met by the answer: “You can’t come any Sandy Hollow game over me,” allusion being made, according to Chief Allen, to a resident in Sandy Hollow, a low part of New Haven, who demanded to see a warrant and, on its being produced, relieved the constable of it. He was finally persuaded to exhibit his warrant to Terry at a distance from the, party. Terry was taken to the Station House, and bailed out by a classmate, Mr. Briggs. Herbert W. Bowen, also a Senior and Brooklynite, was arrested a little later, and bailed by Mr. A. A Dershimer, ‘78.
The warrants were examined, and the charge found to be, “defacing the building of the Kingsley Trust Association.
The names of E. S. Charlier, and J. W. Eaton, ‘79; M. Wilcox, ‘78; and Tutor E. S. Dana appeared as prosecuting witnesses.
By nine o’clock Friday morning, the Court room was crowded with students, among whom were the following Keys men: Tutor Dana, John A. Porter and M. Wilcox, ‘78, and TenEyck and Donaldson, ‘79, and several graduates, among them Frank Ingersoll and John W. Alling of this city. No Bones men were visible.
The disposal of three drunks, and a family jar occupied the Court until. 10, and during this time some of the audience got tired and departed. Finally the case of E. R. Terry was called, and the charge of defacing Keys hall read. Terry plead not guilty, and E. S. Dana took the stand. Tutor Dana testified that he was a member of the Kingsley Trust Association, and one of the trustees of the building. He saw the building after the defacement of Thursday night. Mr. Doolittle, attorney for the defence, objected to the word defacement. It was changed, and the witness proceeded to testify that “the hall had been ornamented — we will say decorated, adorned, — “ by laying on in black paint, in front and at the side, of certain ,figures.
“What were those figures?”
“A 5, a 2, and a 2.”
E. S. Charlier testified that he was a member of the Junior class resident at 82 Wall street. First saw Terry on Thursday night at 10:30 near Farnam College. He came up and peered into my face. We went over to Key’s Hall. There Terry came up and looked into my face. I saw a man at work in front of the hall. Quite a number of men, presumably students were on the N. E. corner. They crossed the street one by one, and, without addressing the painter inspected his work.
Mr. C. testified to a conversation with Bowen, in which Bowen warned him, not to interfere. He did not see the painter’s face. Failed to recognize him. Could not describe him. Does not know whether he was a collegian or not.
When the work was done, he followed the painter, endeavoring to ascertain who he was. Bowen went with him. They went down Wall to High, but failed to overtake the painter, although neither party ran. Three or four men were with the painter, who had a pot or vessel of paint with him.
The inscription on the steps was
522
SCULL & BONE.
On the side were two or three 522’s.
Does not know to what purpose the building is applied.
The Keys society has no peculiar number to his knowledge. One society in college employs the number 322. Mr. C. was asked if he belonged to any college society. “I belong to Linonia.”
“Are you a secret member of Keys?
“I am a member of no secret organization in Yale College.”
James W. Eaton was called and testified that he met Terry near the south entry of Farnam, between 10:30 and 11:30 Thursday evening. Had a conversation with him. Terry told him of the decoration of the hall, and stating that he had taken no part in the procedure. Had produced a small tube of pigment done up in foil, with the remark that it would make “first-class memorabil.”
This closed the case against Terry.
The defense did not introduce any evidence. Pickett, for the prosecution, claimed that Terry had aided and abetted in a conspiracy to deface the hall.
Doolittle, for the defense, called the act a harmless college prank. All injury to the hall could have been removed in a few hours with a little common sense and some potter’s clay. The numbers were evidently placed there merely to cause laughter. If Terry had no right to be present, how came Charlier there? Charlier was equally guilty. Eaton’s evidence was for the defense, for he had testified that Terry had stated at the time that he had no part in the proceedings.
The Court very justly pronounced the work as low and mean and beneath the dignity of any one who pretended to be a gentleman, but said that there being no conclusive proof, he would have to nolle the case.
Bowen’s case came next and seeing no hope of convicting him by Mr. Pickett’s tactics, Alling came to the rescue.
E. S. Charlier testified that he had seen Bowen on the corner of Wall and College streets, Thursday evening. He had but a slight acquaintance with Bowen, having been casually introduced a week before. Nevertheless, he went up to Bowen, notwithstanding the fact that Bowen was an upperclass-man.
Bowen had remarked “Good evening.” Charlier replied, “I think this is nice, don’t you?” Bowen said in effect that it was none of his business. Charlier said, “I call this low business for a gentleman, a gentleman of Yale.” All the rest of the party crossed the street separately. Bowen and Charlier crossed together. They followed the, painter together until Bowen advised Charlier to give tip the pursuit, saying, “What are you meddling here for? You will get into trouble.”
Mr. Alling: “Is Bowen a member of Scroll and Key?”
Charlier: “No. He has the reputation of being ‘sat on’ in his own class.”
Mr. Doolittle: “Have you the reputation of making bets and not paying them in your own class?”
Pickett objected and the question was not pressed.
Pickett began asking about Senior societies, but Ailing and Marion Wilcox spoke to him and he desisted.
Doolittle wanted to know if Charlier was a candidate for membership in Keys. Pickett objected. Charlier’s impression was that Bowen was superintending the matter. He, supposed Bowen was engaged in mischief and “volunteered, the information that he thought it was a low business for a gentleman.” Doolittle considered such remark to a mere bystander an insult.
Charlier considered himself “as much a gentleman as you are, and” [with a splendid stage gesture] “I appeal to you, your honor.”
His honor told him to go on with his evidence. After some evidence of’ trifling importance, Eaton was called, and testified that he had seen Bowen enter the South entry of Farnam rapidly, Thursday evening, in a dark suit of presumably old clothes. He wore a slouch hat, and had his coat collar turned up about his neck.
E. R. Terry was called and testified. Saw Bowen last Thursday night across from Keys hall. Could not say whether he had seen Bowen on College, West of Wall, that evening or not. Did not know who painted the hall. Had not asked. Did not see or recognize the man, as his back was turned. Thought he was disguised. Did not know. Did not know whether the painter was a college main or not. Had not entered into any conspiracy with Bowen to deface the hall. Did not, wish to testify for fear of criminating himself. He refused to “give away” the parties who were present, and then made a slip and mentioned the name of a well known Senior. He had purchased some black paint from Cutler for ten cents. Had painted signs with it. Asked if he had lent any paint to some one named Moore or Moores, or something similar. He had. Had he been in this man’s room. Was in considerable doubt. Finally said he believed he had. He was in the habit of going there.
He had seen some paint there. It was less than four pounds. Had no conversation relative to Keys hall on the evening and in the room mentioned. Had however a prior knowledge of the decoration. Had gone over to the hall on purpose to see it. Did not know who invited him — went in response to a mere campus rumor.
Did not belong to same society as Bowen; B. was a Psi U. man, T. a member of D. K. E. Was not a member of 522. If he had been he would have objected to the name of the society being painted in such a place. Terry’s paint can was not out of his room that night. Refused to say who was across the street from Keys hall.
Tutor Dana was called. He saw B. pass him with a rush and enter his, room, Thursday night. Came out in response to a call. “He and a crowd started off on a brisk walk, attended by a peculiar motion of the heel and toe, characteristic of the Keys society; an old but, somewhat childish custom, I should like to be permitted to observe. I heard Bowen start up a song of a popular character, sometimes sung by the society of Scroll and Key, and hence these gentlemen — .” He was stopped by Mr. Doolittle.
Alling spoke for the prosecution, and Doolittle for the defense.
Doolittle gave Ailing some “taffy” about his membership in Keys. Called him the real conspirator, compared him to Catiline. So sensitive, you know. Argued that there was no proof of Bowen’s participation or conspiracy. Called it a college jest. The society considered its hall not disfigured and disgraced by the paint, but by the emblem of a rival Society.
Judge Peck spoke a few minutes treating the perpetrators of the outrage with the contempt they so well deserve, but acquitted Mr. Bowen with the remark that he considered the case as beneath the dignity and unworthy the attention of the Court, and the remark that though he considered Terry’s testimony as sufficient proof of the existence of a conspiracy, there was no proof of Bowen’s participation. The case was therefore nolled.
***
Some other notes from same issue:
The man who arrested Terry told I him that if he would turn State’s evidence he would be released.
Within a quarter of an hour after court adjourned Saturday, one of the prosecuting witnesses was discharging debts of honor, the result of the spring regatta.
A lawyer was heard Saturday afternoon to say, “This is the first time in the history of the college that one Yale man has testified in Court against another.”
The college generally will support the sentiment expressed by some one, Saturday, after the trial. There is just one man in college meaner than the man who painted Keys Hall. He is the man who went into Court and testified against a fellow student.
***
How the Hall of Scroll and Key was Defaced.
Judge Peck thinks the Matter one to be Settled Out of Court.
The city court room was crowded with students this morning, who had gathered to witness the trial of Edmund R. Terry and Herbert W. Bowen, arrested on a charge of having aided, abetted and conspired to deface the hall occupied by the Scroll and Key Society on the corner of College and Wall streets, on the night of the 13th inst. The accused were defended by Tilton E. Doolittle, and Mr. Pickett was assisted in the prosecution by John W. Alling, of the class of ‘62, and a former member of Scroll and Keys.
The first party tried was Mr. Terry. Edward S. Dana, a tutor at Yale, testified that he saw the building after its defacement on the night of the 13th, and also on the same day. He saw the figures “522” on the wall between the staircases leading into the building, painted on the white wall in black figures. He also testified that the building belonged to the Kingsley Trust association, of which he was one of the trustees. Mr. E. S. Charlier, a Junior, who “gave the business away,” next told his story. He was going by Farnam hall on the night when the ornamentation of the hall took place, and there saw Mr. Terry, who looked at him full in the face two or three times, he returning the look, so as to be able to fully recognize Terry. He then went along up to Wall street where he has rooms, and found some one engaged in artistic work at Keys hall, and fonr[sic] students, two of whom he recognized as Terry and Bowen, looking at the work, the latter apparently superintending it. He addressed Bowen with whom he had a[n] jgh[sic] acquaintance and returned the salutation. Then Charlier said “Don’t you think this is nice business,” and Bowen responded “It’s none of your business.” Mr. Charlier said “I call it low business for a gentleman of Yale to be engaged in.” He was then informed that it would be a very healthy thing for him to do to avoid meddling and go about his own business. At this point the painter whose back was kept studiously turned toward him went away, being escorted by one of the party, the other three remaining behind and intimating to him that he must not interfere and that if he did there would be trouble. He followed the painter for some distance and finally thinking discretion the better part of valor, left the party and went home. Mr. James W. Eaton another junior testified to having seen the ornamentation, as it had pleased Mr. Doolittle to call the defacement. He had also seen Mr. Terry at Farnam college that evening, and they had some conversation in relation to the matter of the decoration, Mr. Terry telling him what was done, and taking a small can of pigment from his market remarked, “This will make a first-class memorabil.’ He described the disfiguring of the walls of Keys Hall, which bore in black paint the legend “522 Scull and Bone 522[.]” This closed the case against Terry who did not testify at that time, and after short arguments in which Mr. Doolittle claims that nothing was proven and Mr. Pickett that there was a clean case against Terry of his having cognizance of, and aiding in or abetting the disgraceful work. The court pronounced the work as low, mean, and beneath the dignity of any one who pretended to be a gentleman, but said he should have to order the case nolled, as there was no conclusive proor[sic] against him.
Then came the case against Bowen, and Mr. Alling, seeing there was no hope of convicting him in the way in which Mr. Pickett had been conducting the first, came to the rescue, in order to convict, if possible, the one who was supposed to be the principal in the affair. Tutor Dana testified to having seen a party of four or five students on the Campus, among whom was Bowen, who, when they saw him, started off in the childish walk assumed by the members of the Scroll and Key society, and began to sing a song which is sung by the members of that society almost exclusively. Where they went to he did not know. Mr. Charlier repeated his testimony given in the case against Terry, identifying Bowen fully as the man to whom he said that the “ornamentation” in progress was low business, altogether too low for a gentleman at Yale to be implicated it. He also reaffirmed his statement that Brown said “You’ll get into trouble if you meddle.” He testified further that he saw Bowen go over or and instruct the painter who was engaged in the disgraceful job, and that Bowen stood within a few feet of him while the painting was in progress. When the party left the building he saw the one that did the painting, whom he did not recognize, and another of the students, each carrying a paint pot.
There was considerable talk about secret societies, witness answering that he belonged to no society in Yale, and he was asked if Mr. Bowen did not belong to one the secret societies. His reply was, “No, sir, Mr. Bowen has the reputation of being one of the men in his class who was …
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… statement was greeted with hisses by the students in the room. One of them sitting near the reporters table said, “He’ll get h—1 for that when he gets to college.”
Mr. Doolittle turned to the witness when the excitement had subsided and asked, “Haven’t you the reputation among the students of being one of those men who refuse to pay bets they have made, when you lose?” This question was greeted with laughter and applause by the students, but court -ordered the witness not to answer the question, and ordered the crowd to keep quiet. The cross-examination elicited no new facts, and Mr. James W. Eaton was called, and testified to having seen Bowen go into Farnham college soon after 11 o’clock, with an old suits of clothes on, his collar turned up, and a slouch hat pulled down over his eyes. He recognized him by his height.
There was considerable excitement when Edmund R. Terry was called, and as he took the stand he appeared to be a most unwilling witness, and appearances in the case were not deceitful this time. He testified to having seen Bowen on the evening on which the outrage was committed, and also to having seen him during the daytime of the same day, but denied that he had entered into any conspiracy with him to deface the building, giving his testimony hesitatingly and guardedly. He testified that he had purchased some black paint, which he had used in painting a sign of furniture for sale. He said he had loaned the paint to one Moore, living in the same building, but on the floor below him, the paint to be used for the same purpose he had used it, and acknowledged having been in Moore’s room during the evening, but denied that any conversation relative to the painting of Keys’ hall had been had there. He refused to tell who was there beside him, or what the conversation was, on the ground that it might tend to criminate him. He acknowledged having visited Keys hall to see the “decoration,” and said that Mr. Charlier’s statement was substantially correct, as to his visit. He refused to tellwho were in the party besides himself and Bowen, the court sustaining him in his refusal, he claiming that his sense of honor would not allow him to “give away” the parties who were present. He said the party who did the work was disguised, but that he could not tell what the disguise consisted of, as the party kept his back constantly turned toward the street. He acknowledged that both he and Bowen were witnesses of a portion of the defacing, but denied that they knew of it before it was done.
Short arguments by Mr. Doolittle and Mr. Alling followed, the former claiming that no conspiracy was proven and that the boys happened to be there as spectators as did Mr. Charlier, and that if there had been a conspiracy, Mr. Bowen would have tried to keep out of the way himself. Mr. Alling held that there was a clear case against the men who, with others of the “Mythical 522” failing to gain elections to either of the secret societies had taken this method of revenge.
The court (Judge Pack) nolled the case, saying that there was no doubt but that the accused knew of the outrage, but that it was a college prank. If a Grand street boy had done the work, he said, I should fine him $25 and costs, and perhaps send him to jail. This is a student’s frolic, done in a spirit of fun, and should be settled at the college, and not brought to this court. He therefore, greatly to the surprise of the majority present, ordered a nolle entered in the case.
**