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Supported by an impressive battery of lawyers and countless witnesses, Bennett Y. Ryan '37 and Eugene 11. George '39 will be tried at 9.30 o'clock this morning in the East Cambridge Court on charges of assaulting and heating Frank. Foster, the Dunster House janitor, after the Dartmouth game, Saturday, October 26.
Harvard's most famed criminal case in recent years will be heard before Associate Judge Robert Walcott '95, with George appearing first.
Joseph Galvin of the law firm f Herrick, Smith, Donald and Farley will represent George; Arthur J. Santry '12 will defend Ryan. Former District Attorney Bushnell has been active in the defense.
Ryan's Case
Thirty-one witnesses, including Royall and Martin Victor, Cedric E. Francis '38, Thomas H. Quinn '36, president of the Student Council, the guests at the cocktail party, and several heretofore unmentioned persons will appear for George if necessary.
Ryan's case will probably rest on the hope that Foster is unable to identify him, and the charges will be dismissed for lack of sufficient evidence.
Foster's identification of Ryan, however, would seriously embarrass Colonel Charles R. Apted '06 for his hasty seizure of George. The authenticity of the report that Foster has already received an out-of-court settlement has not been reliably proved.
The unknown testimony of the two Victors and Francis will become public property for the first time since the assault. How conclusive it will be remains unknown. They are reported to have witnessed the attack.
Should either George or Ryan be convicted today, they will be subject to a prison sentence. Informed sources, however, are rather skeptical about the possibility of a conviction.
Ryan, who left college ten days ago permanently, will return for the trial.
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