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Two of the attackers of Richmond Bachelder '50 and Frederick J. Fawcett '53 received sentences of three months in the house of correction and $200 fines for assault and battery Friday.
Four other boys involved received sentences of 15 and 30 days for disturbing the peace. The six youths appealed the decision of the court, and were released on ball of $1,000 and $500. The appeals come before the Middlesex Country Superior Court in the near future.
At the end of a four-hour trial, the Third District Court convicted Robert Carry and James Scalese, both 18, of Cambridge, on the "grave" charge of unprovoked assault and battery. Although doctors testified that a wound through Bachelder's right car resulted from a "sharp instrument," the Court could not find armed assault because of the absence of a weapon.
John J. Cunningham 18, Henry Nickerson 19, John D. Sullivan 17, and Neil Sullivan 19 were convicted only of disturbing the peace. Judge Henry Morris sentenced the elder Sullivan to 30 days "because of his undoubted leadership in the whole affair." The others get 15 days.
The defense argued that Fawcett had provoked attack by making obscene remarks and gestures to an old woman passing in front of the Coach Grille on Boylston St. According to the testimony of the boys, Scalese approached Fawcett and said, "That could be your mother or mine." The fight followed.
Both Bachelder and Fawcett had previously testified that they remembered no old lady or any other pedestrian passing near them as they walked towards the Square. Both said they had noted a group of about 12 boys standing in front of the Coach Grille, and had been challenged, "Where do you think you're going?" Immediately after this, Bachelder said he had felt the first blow fall on the right side of his head.
Bite and Blood
Cambridge police said they had picked up Scalese, Nickerson, and the two Sullivans at the corner of Church St. and Massachusetts Ave soon after the attack. The boys at first denied any knowledge of the affair, although Scalese had a fresh bite on his right knuckles.
Later police found Casey and Cunningham sitting in the back seat of Scalese's Buick on Mt. Auburn St. Casey's right shirtsleeve was covered with blood, and he admitted the fight, saying, "Jimmy and I did most of the beating," police testified.
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