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A request for the resignation of patrolmen Gordon, Culhane, Pryor and Toomey, was the result of a personal interview held on Saturday between President Lowell and Chief McBride of the Cambridge police. Gordon and Pryor officially refused to resign, and Culhane and Toomey, when interviewed, said that they planned to do likewise.
The appeal trial which is scheduled to take place today will be in no way affected by President Lowell's action, it was stated yesterday by both the prosecuting and defensive attorneys Asked by the CRIMSON, if President Lowell's request would injure the government's prosecution or in any way prejudice the jury, District Attorney R. T. Bushnell, prosecuting attorney said, "None whatsoever." Asked of his personal opinion in regard to the President's action, he said, "I am not yet ready to state my opinion, but I will make a statement to the press tomorrow."
Defendants Called for 9 O'clock
At 9 o'clock this morning, all defendent's must be present at the court house in East Cambridge. It is expected that Assistant District Attorney Warren Bishop will replace District Attorney R. T. Bushnell as chief council for the Commonwealth of Massachusetts. Judge Chase. Stoughton Bell, and A. J. Santry will defend the eleven "rioters."
In his conference with Chief McBride. President Lowell stated that he cult that the police had overstepped their duties in using clubs in their encounter with the students, which took place over two months ago on February 12. Chief McBride replied that he was not in a position to discharge the men but that he would tell them of President Lowell's request. Later in the day he saw two of the patrolmen, both of whom refused to resign and the other two, when interviewed stated that they had no intentions of giving up their positions.
Stone's Decision Cancelled
The decision which was given by Judge Stone was cancelled when the present appeal was registered, and all of the evidence will have to be gone over anew. Due to the fact that the number of defendants has been reduced, the case will be much less confused than the first one was, and at present there are over 100 witnesses who will testify.
No Special Jury Summoned
No special jury will be called and one of the two that are always empanelled in the court house will be used. The prosecuting attorney will present his evidence first, and although all the defendants will have to be present this morning it is improbable that they will be asked to take the stand today.
If the decision is again against the defendants further appeal would have to be based on a point of law. If this were granted the case would go before the Supreme Court of Massachusetts which would have to decide on whether the defendants deserve a retrial or not.
The chances of the defendants bringing suit against the individual policemen is very slight but if they decided on doing this after the close of the present trial they could file either a criminal or civil suit.
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