Men Plead 'Nolo', All Cases On File

A hurried deal with the Cambridge police brought to a quick close Tuesday what had promised to be a long but interesting trial of students arrested for disturbing the peace at the May 15 Pogo rally in the Square.

As a result of the bargain, the 22 men before the count Tuesday and yesterday were sent home with a judicial warning and their cases placed on file. The six remaining defendants, who will appear before Judge Edward A. Dever today, are expected to get similar treatment.

Proceedings began in the small Second Session Room of the East Cambridge District Court at 9:30 a.m. on Tuesday before 100 spectators. The attorney for Paul R, Rugo '55, the only student booked for resisting arrest, began the trial by asking that he case be continued as Rugo was taking an exam. Dever ruled that "the case is on trial today," and "this court is more important than Harvard University," Rugo, Who had been downstairs, then appeared and took his place with the other defendants.

All Tried Together

To the surprise, and chagrin, of several of the attorneys, the first assistant District Attorney, Edmond J. Viola prosecutor for the state, asked the court that the students be tried in a body, instead of individually, and was granted the request.

The clerk then called all witnesses for both sides to rise and be sworn in Some 40 student and 16 policemen stood up, and the judge's face fell. He pushed for haste all during the rest of the proceedings.

Sergeant Describes Rally

With the first witness for the state, Police Sergeant Rubiko, who was in charge of the force in the Square the night of the demonstration, what was to prove a long and heated questioning got under way. Viola first had Rubiko, tell his story of the incident. The Sergeant pointed out the location of the "mob" on a large map of the Square posted near the witness stand. In a testimony constantly broken into by the defending lawyers who claimed it wasn't germane in the cases of their clients, he related how the crowd "was making a great deal of noise," how he "was spat upon," and "shot with water pistols," He claimed the students were ""completely out of order" from 7 p.m. on. At its largest, he testified, the crowd was about 2000.

Rubiko also said he knew "the boys had gotten permission for a rally," but "there were a lot of them there just to kick up a row just the same."

In a sharp cross examination by defense attorney Joseph DeGuglielmo '29, Rubiko said there were 16 officers in the Square during the night.

High Scorer Testifies

The Inquiry took about an hour. Patrolman William Storey, responsible for many of the arrests, then took the stand for the state and gave his account. The men he nabbed, he said, were shouting "down with the Police," and "What is this, the Gestapo?" He could not, however, identify any of those he had except for Frederick Gooding, Jr. '54, who had a camera slung over his shoulder. He also swore that he did not have a club, nor did any of the officers with him.

In the cross examination. Rugo's attorney cast some discredit on Storey's testimony by proving with a photograph that the started time of arrest was wrong. The picture showed Rugo's arrest and a clock in the background.

When Storey was through testifying, it was 11:30. The judge adjourned the court to the first session, a larger room, and called the defense attorneys together for a conference. After the court reconvened at 1 p.m., Viola said that he had spoken to all the lawyers involved, who asked that their client he allowed to change their please from "not guilty" to "nolo": In other words to let them throw themselves at the mercy of the court. Viola begged the court to accept this plea

"This trial will last several days of weeks at this rate," he said. "The situation tion the night in question was serious, Many might have been hurt. I am convinced that it did not start deliberately. The group intended to have a rally, but it got out of hand. The police did good work and saved many injuries.

"I'am satisfied that these men did not intend any harm. They are all without criminal records. Many have futures in which criminal records would be harmful. There has, of course, been much expense to the state already. I'm asking the court to forget that, too. I've spoken to the University deans and to Chief Patrick Ready. They have been in co-operation in the past. If this trial were to go on. It might cause a serious break between them.

"I think the situation can be worked out. Therefore, I want you to put all these cases on file."

Verdict Given

Dever accepted the assistant D.A.'s suggestion, and replied, "I hope this situation does not arise again. The court won't be be so lenient next time."

During the conference that resulted in this unexpected decision, the police agreed to meet with DeGulielmo, who is also Mayor of Cambridge. Also present would be a representative of the University, and a spokesman from M.I.T. to make sure such occurrences never happen again.

The purpose of this proposed meeting will include giving the police an understanding of what is expected of them when they come to the Square for a disturbance of any sort. They will be told that it is not necessary to swing clubs over the heads of college students.

Cops Receive Reprimand

Ready also promised the several of the officers present during the Pogo uprising will be reprimanded.

After the trial, police officers and students talked and joked together in the lobby. One undergraduate was heard to say as he left the building, "this is the way the rumpus ends, not with a bang but a whimper," But all involved expressed satisfaction at the outcome. The University will not take any action against the participants