INSIDE Conservancy to buy swamp along Rhode Island border. A4 LOCAL&STATE OBITUARIES A4 GRIST MILL u POLICE & FIRE A4 u PAGE A3 THE NEWPORT DAILY NEWS Monday, July 18, 2011 City Editor M. Catherine Callahan 849-3300, Ext. 254 CityDesk@NewportRI.com CALENDAR A5 RHODE ISLAND CHARTER DAY Locals had part in battle of Bull Run This is the first of three columns about the First Battle of Bull Run during the Civil War, to mark its 150th anniversary. On Sunday, July 21, 1861, the First Battle of Bull Run in the area of Manassas, Va., took place — the beginning of four years of bloody battles that counted 600,000 casualties suffered by the forces of the Union and the Confederate States of America. According to a report that appeared in The Daily News on July 21, 1911, about 130 men from Newport took part. There were two regiments from Rhode Island in the fight. The First had one entire company of volunteers, Company F, made up chiefly of members of the Artillery Company of Newport. About 30 from this city were part of Company K, Second Regiment. In addition to the Daily News account, some valuable information was found in the “History of the Rhode Island Combat Units in the Civil War 1861-1865” by the late Army Brig. Gen. Harold Barker, and in Scribner’s “Popular History of the United States” by William Cullen Bryant, Sydney Howard Gay and Noah Brooks (New York, 1897). The Union army broke its camps in Washington, which included Col. Ambrose E. Burnside, commander of the Second Brigade, Second Division, on July 16. They marched over the Long Bridge and camped about 10 miles from the capital city. There the forces camped and on the 18th camped in the area of Fairfax Court House, Va. Brig. Gen. Pierre Gustave Toutant Beauregard and his 22,000 soldiers were in position on the line of Bull Run, a stream that ran in the area of the Orange and Alexandria Railroad. On the 18th, Union Gen. Daniel Tyler’s division of Gen. Irwin McDowell’s army of about 33,000 was in an engagement at Blackburn’s Ford, across the stream, with each side losing half a hundred men. At 3 o’clock on Sunday morning, the 21st, the battle began. In an open area, Gen. David Hunter’s column was in the right of the advancing line of the Union army. The Second Rhode Island Regiment, Col. Slocum commanding, supported by Battery A, led the advance of this column. Rhode Island Gov. William Sprague had attached himself to Burnside’s headquarters. Both sides fought gallantly, but at some point there arrived by rail seven regiments of Confederate troops, who fell upon the right flank of the Union army. Assisted by a battery and five companies of cavalry, the order was obeyed with promptness and vigor, and this decided the battle. About half past four o’clock, the Union right broke and retreated in confusion, which resulted in a panic. In addition to the soldiers retreating, throngs of holiday-makers who had come out from Washington to witness the battle fled in disorder, carrying the news of the defeat. The casualties sustained by both armies at this horrible fight with raw and undisciplined troops, especially the Union’s three-month enlistments, were almost the same. The Federal losses were 460 killed, 1,124 wounded, 1,312 taken as prisoners or missing for a total of 2,896. The Confederate losses were 387 killed, 1,582 wounded, and 13 captured or missing for a total of 1,982. Gen. Barker’s history of Rhode Island and the Civil War revealed that the Second Regiment volunteers, infantry and artillery, lost 104 officers and men killed, wounded or taken prisoner. The First Regiment of Detached Militia lost 47 officers and men. Battery A lost two men killed and 14 wounded. Scribner’s history said that the Confederates did not realize the extent of their success, as the men were exhausted. It also noted that Jefferson Davis, president of the Confederate States who had come to see the battle area, reproached his generals for having failed to follow up their victory. Whatever may be said of the strategy employed, the fighting was sufficiently courageous. The end result: The next day, both armies were found in their July 16 positions. LEONARD PANAGGIO LOOKING BACK: July 18, 1981: Guests registering in Newport hotels began to pay a 3 percent hotel room tax. Leonard Panaggio is a Daily News columnist. Jacqueline Marque u Daily News staff Mary Sarah Bilder, professor of law at Boston College Law School, discusses ‘The Rhode Island Origins of American Constitutionalism’ on Sunday at the Redwood Library in Newport as part of the John Clarke Society’s celebration of Rhode Island Charter Day. Clarke wrote the 1663 charter granted to the colony of Rhode Island by King Charles II. ‘A debt owed’ to Rhode Island A constitutional historian lauds the Rhode Island Charter secured in 1663 by Newport’s John Clarke. By James A. Johnson Daily News staff NEWPORT — The importance of religious freedom granted in the charter that John Clarke brought to Newport from England in 1663 is well known in Rhode Island. But that document also played a crucial role in the development of American government, a historian Bilder said Sunday at the Redwood Library. “Our 21st century American constitutionalism rests on three beliefs,” historian, author and teacher Mary Sarah Bilder told about 30 people in the library’s Peter Harrison room. “The Constitution is a public, sacred document creating a limited government with room for legal experimentation and with rights that are essential, precognitions for democracy. The Rhode Island Charter played a crucial role in the development of these beliefs.” She explained how the Rhode Island Charter that Clarke won from King Charles II of England differed from documents granted to other colonies and how those differences led to the review of state laws by the U.S. Supreme Court and the view of the Constitution as a sacred document and protector of rights, especially freedom of religion. Bilder spoke as a guest of the John Clarke Society, as part of its observance of Rhode Island Charter Day. With the 300th anniversary of the charter just two years away, society president James Wermuth said he hopes a suitable statewide celebration can be arranged. Wermuth called Bilder an extraordinary scholar who has been presented many awards for scholastic excellence. She is the author of “The Transatlantic Constitution: Colonial Legal Culture and the Empire.” The title could have been “Why is Rhode Island the Most Important Colony for American Constitutional History,” Bilder said, but she was advised for marketing reasons not to limit the title to the nation’s smallest state. When Clarke went to negotiate the charter, he knew that Rhode Island wanted one that would guarantee its land, its government and the particular rights its residents cared about, Bilder said. They wanted something like the Magna Carta. When Clarke brought the document back from England, Rhode Islanders instantly considered it one of their most important documents, she said. The charter was written on a long parchment scroll and was fancier than documents that had been given to other colonies. “It looks like it was written in Latin, but it is in English,” Bilder said. “The king’s portrait is in the top left corner. Beautiful calligraphy is used for all the animals and the TIVERTON JUNK FOR SALE: By Marcia Pobzeznik Daily News correspondent You buy it, you own it. This merchandise comes with no warranties or guarantees, and there is no return policy. Tiverton’s semi-annual surplus equipment and unclaimed property auction will end Aug. 4, when all the bid forms that are submitted to the town clerk will be opened, with the goods going to the highest bidders. Department heads often use the word “junk” to describe the merchandise up for auction. “Nothing in there is worth anything to me or our department heads or it wouldn’t be there,” said Stephen Berlucchi, Town holds semi-annual surplus equipment sale. director of the Department of Public Works. He has lined up the merchandise in one of the bays at the public works garage, where anyone can inspect it during normal business hours and fill out a bid form. There are bicycles, exercise equipment, metal filing cabinets, a few trucks, two tractors, some office equipment, an all-terrain vehicle and 10 compressed air cylinders. A 15-year-old stretcher is among the items that will be sold to the highest bidder. Fire Chief Robert Lloyd said it was a backup for one of the old rescue trucks and no longer is needed. What would someone do with an old stretcher? “I don’t know,” Lloyd said, laughing. “Stranger things have happened.” He and other department heads were “cleaning house,” he said, and put together a wide array of items for bid. “The high bidders will claim their prize, and everything else goes to the dump or recycling,” Berlucchi said. The bicycles up for auction were found by police and never claimed, Police Chief Thomas Blakey said. The ones that were in really bad shape were scrapped, but there are six deemed decent enough to be put up for bid, though they all have a good deal of rust. JUNK A5 shields symbolizing the throne. It came in a special box with a sealed unit. It was the real deal.” The charter included three key entities that became part of government: a company of like-minded individuals who decided to associate together; a corporation as a legal entity with the right to pass its own laws; and a colony as a territorial political government, Bilder said. “So the charter even this early was very close to what we think of as a constitution,” she said. “Rhode Island managed to hang onto its charter despite all the efforts by the crown to get it back.” The Rhode Island Charter had another key provision different from other colonies. Legislation passed in other colonies had to be approved in England before becoming law. The only way the crown could review Rhode Island laws was to have them appealed to England. “In every other colony, the crown had the power to disavow a law before DEBT A5 Trial in servant kidnapping to begin today PROVIDENCE (AP) — A bench trial for a United Arab Emirates military officer accused of keeping an unpaid servant while studying at the Naval War College in Newport is scheduled to begin today in U.S. District Court in Providence. Col. Arif Mohamed Saeed Mohamed Al-Ali has pleaded not guilty to charges that he lured a Filipino servant to the U.S., failed to pay her and kept her confined in his house. In a lawsuit brought on her behalf against AlAli and his wife, the servant has been identified as Elizabeth Cabitla Ballesteros. Prosecutors say she eventually escaped and now is in hiding. U.S. District Court Chief Judge Mary Lisi is presiding over the trial. ON THE WATER Yacht given second life as educational vessel Boat: American Promise. Owner: Rozalia Project, Granville, Vt. Designer and builder: Ted Hood, Marblehead, Mass. Year: 1985. Length: 60 feet (18.2 meters). Hull: Epoxy Kevlar, fiberglass. History: American Promise is by all measures an extraordinary yacht. Built for selfmade millionaire Dodge Morgan for the purpose of sailing around the world alone, American Promise was over-built, highly engineered and set up with redundant systems. Morgan wired the boat with cameras to record his solitude and reactions to being alone at sea for several months. He later made a 57-minute movie called “Around Alone.” Morgan was the fourth person and the first American to sail non-stop around the world alone. After his trip, Morgan donated the boat to the U.S. Naval Academy for use as a training vessel. In 1991 — the same year that Morgan was inducted into the Single-Handed Sailor’s Hall of Fame in Newport — American Promise collided with a coal barge and sunk to the bottom of Chesapeake Bay. Salvaged by the current owners, the Rozalia Project, American Promise is reborn as an educational vessel. Last week, American Promise was in Newport as part of a multi-state tour teaching about and extracting marine debris. To learn more about the Rozalia Project, go to rozaliaproject.org. “On the Water,” a weekly feature that highlights local and visiting boats of interest to the area, is produced by freelance writer Will Tuthill. Will Tuthill photo The Newport (R.I.) Daily News Monday, July 18, 2011 A5 LOCAL&STATE LOCAL BRIEFS PORTSMOUTH: ALL’S FAIR Debt Continued from A3 Restoration school plans open house NEWPORT — The International Yacht Restoration School, 449 Thames St., will host an open house on Tuesday from 47 p.m. Attendees will have the opportunity to talk with IYRS staff and instructors, see student projects, and learn about the skills taught at the school’s training programs. The Newport waterfront campus is home to the school’s Boatbuilding & Restoration program and includes two historic buildings from 1831 and 1903. The campus is also the site of notable restorations, including the restoration of the rare 1885 schooner yacht Coronet. For more information, contact Ned Jones, director of admissions, at 848-5777, Ext. 203, or visit www.iyrs.org. Above: Machu, a Harris’s hawk, puts on a show for spectators Saturday during the Eastern Rhode Island 4-H Country Fair at Glen Park in Portsmouth. Machu was part of the ‘Talons: A Bird of Prey Experience.’ Commission to hold traffic meeting MIDDLETOWN — The Aquidneck Island Planning Commission will hold a public meeting about traffic problems and potential solutions on Wednesday from 6-8 p.m. at Town Hall, 350 East Main Road. The results of the Aquidneck Island Regional Traffic Management Program will be presented during the meeting. The program is an effort to develop solutions to traffic congestion caused by special events, construction projects and unplanned traffic incidents. The meeting also will provide the public an opportunity to learn how local officials have worked over the past year to develop a plan that includes recommendations for improved communication, intelligent transportation systems, coordinated event permitting and notification and remote parking. Refreshments will be served. For more information, contact Chris Witt of the Aquidneck Island Planning Commission at 845-9299. ARTS & ENTERTAINMENT Free concert slated at Ballard Park NEWPORT — The Foreverly Brothers will perform a free concert on Wednesday from 6:30-8:30 p.m. at Ballard Park, corner of Hazard and Wickham roads, in the quarry meadow. The band features Frank Piccirilli on guitar and vocals, George D. Lorenzo on guitar and Jon Litwin on bass. The house band at The Clarke Cooke House, The Foreverly Brothers play everything from the Everly Brothers to The Allman Brothers. The concert is sponsored by Jenkins Construction. Seating will be on the grass, and blankets and lawn chairs are welcome. Guests are asked to arrive 15 minutes prior to the performance to ensure a parking place and time to make their way down to the quarry meadow. For more information, call 619-3377 or visit www.ballardpark.org. Glen Manor site of outdoor show PORTSMOUTH — The American Band will perform its annual outdoor summer concert at the Glen Manor House, 3 Frank Coelho Drive, on Thursday at 6:30 p.m. The grounds will open at 5:30 p.m. The American Band, founded in 1837, is one of America’s oldest civilian concert bands. Today, the band consists of more than 50 members, many of whom are music educators from around the state. G.H. Pollart of the University of Rhode Island’s music department will conduct the program for all ages, which will include the national anthem, “Big Band Signatures,” “The Lion King,” “Swing’s The Thing,” and “The Stars and Stripes Forever.” Attendees are invited to bring blankets, lawn chairs and picnics to the free concert. Some seating will be available for seniors and individuals with disabilities. For more information, call 683-4177. REMEMBER A Loved ONE WITH A MEMORIAM. CALL CLASSIFIEDS 849-3300 it came into effect,” Bilder said. “The crown had no power to do this in Rhode Island.” That is similar to the judicial review of state laws that is empowered in the U.S. Supreme Court. In fact, Rhode Island supplied the first example of judicial review of a state law under the Constitution, Bilder said. But the most significant part of the Rhode Island Charter is its off-quoted words: “to hold forth a lively experiment ... with a full liberty in religious concernments.” Bilder emphasized that is just one sentence in a whole paragraph describing religious liberty. “It’s the second paragraph in the charter,” she said. “It comes before the section on government. It comes before the section on all the boundaries. “Liberties of religious concernment was not a component of the government under the charter. It came before the government itself. I don’t think you can emphasize this Right: Michael Aguiar, 8, of Portsmouth shows off his 5month-old pygmy goat Saturday. The annual fair ran both Saturday and Sunday at Glen Park. u point enough.” Religious liberty in the charter not only is a right obtained from government, she said. It is the precondition for governing. “The charter guarantees the right, and then goes on to establish the government,” Bilder said. “The charter barred the government from requiring conformity on religion or from limiting participation in government to those who were willing to conform.” She quoted the charter: “No one is to be molested, punished or even disquieted for any difference in opinion in matters of religion.” Bilder ended her speech with a reminder of the debt American constitutionalism owes to Rhode Island. “The sacred nature of the Constitution, the Supreme Court’s review of state lawmaking and the deep and abiding belief that Americans hold about the central freedoms of belief and conscience — all of these have part of their origins in the Rhode Island 1663 Charter.” Johnson@NewportRI.com David Hansen Daily News staff photos RHODE ISLAND BRIEFS Hearing today on union suit PROVIDENCE — A Washington County Superior Court judge is set to hear arguments today on whether to throw out a lawsuit brought by eight public-employee unions challenging reductions in pension benefits. Unions representing state workers and public school teachers are asking the court to block cuts in pension benefits enacted by the General Assembly in 2009 and 2010. The changes increased the number of years that employees must work before retiring, reduced the size of their pensions and limited post-retirement cost-ofliving allowances. The package adds up to $59.6 million in savings. The state has moved for summary judgment. It wants the case dismissed because state law does not establish a contractual relationship guaranteeing unchanged pension benefits. Autopsy set on scout found dead at camp HOPKINTON — Authorities say a medical condition is suspected of causing the death of a 10-year-old Boy Scout at a Rhode Island camp over the weekend. Hopkinton police say the 10year-old was from Huntington, N.Y., and was camping with his scouting troop when he was found unresponsive early Saturday at Camp Yawgoog. An autopsy has been scheduled to determine the exact cause of the boy’s death. His troop had been at the camp for about a week. The 1,800-acre facility is operated by the Narragansett Council of the Boy Scouts of America. A council spokesman says the boy is the first scout to die at the camp in its 96-year history. Warning issued about raw shellfish PROVIDENCE — Rhode Island health officials are cautioning seafood lovers against eating raw shellfish. The state issued the warning Friday after an elderly man became ill after eating raw clams. Lab tests showed the man had vibrio parahaemolyticus, an illness that can cause headache and upset stomach. The man was treated and is recovering. The illness is usually mild, but can pose more serious health problems for children, the elderly and those with weakened immune systems. While officials don’t know where the clams were harvested, they’re recommending that oysters, clams and mussels be stored properly and cooked thoroughly. State won’t pursue case against guard PROVIDENCE — The state has decided to drop its prosecution of a former Rhode Island prison guard who was accused of pretending to be his boss on Facebook. Mattew LaCroix was arrested in December, accused of setting up a fake Facebook page in the name of Corrections Director A.T. Wall. He was fired in March. He originally pleaded guilty to a charge of using fraudulent information. But a judge vacated that plea after finding it was made without the aid of a lawyer. Hatch wants to have sentence thrown out PROVIDENCE — Rhode Island reality TV star Richard Hatch is asking a federal appeals court to throw out a nine-month prison sentence handed down earlier this year for failing to pay taxes on the $1 million he won on the first season of the hit CBS show “Survivor.” In a brief filed on Thursday in the 1st U.S. Circuit Court of Appeals, Hatch says the lower court overlooked several factors in finding that he violated the terms of his supervised release by failing to file amended tax returns for 2000 and 2001. Hatch also argues the sentence imposed in March is unreasonable and exceeds prosecutors’ recommendations by three months. He wants the appeals panel to order the lower court to toss out the case or order further hearings. Hatch is imprisoned in West Virginia. u Associated Press Marcia Pobzeznik photo Tiverton Highway Department mechanic Paul Rousseau stands next to one of the trucks that will be sold to the highest bidder when bids for the town’s surplus equipment and unclaimed property are opened on Aug. 4. Junk Continued from A3 In the past, there have been a few old police cars in the auction. Blakey said they have been passed on to other departments who put a little more wear and tear on them before the old cruisers are retired and put on the bid list. Berlucchi makes no promises that the office equipment works or that the trucks and tractors start. “We can’t attest to anything,” he said, adding that interested bidders are welcome to “plug things in or try to start” the motorized equipment. The exercise equipment — two bicycles, two treadmills and two cross-trainers — are hand-me-downs. The Fire TASK FORCE MEETING — Newport Police Station, Broadway, Newport, 1 p.m. The public is welcome to attend the meeting of the Newport Substance Abuse Prevention Task Force. brennajbennett@yahoo. ICE CREAM FUNDRAISER — Hyatt Regency Newport Hotel & Spa, main lobby, 1 Goat Island, Newport, 2-4 p.m. Ice cream will be served and all donations will benefit “Give Kids the World,” a Florida organization hosting children with life-threatening illnesses. 851-3301. BLOOD DRIVE — CVS Pharmacy, 181 Bellevue Ave., Newport, 4-7 p.m. Hosted by Rhode Island Blood Center. 248-5730. TUESDAY “LUNCH WITH THE ARTIST” — Newport Art Museum, 76 Bellevue Ave., Newport, noon. Richard Tyre will lead a discussion on the theme: “Paul Gauguin: Did he really like the South Seas?” Participants welcome to bring a lunch. Free for members, $5 for non-members. 848-8200. OPEN HOUSE — International Yacht Restoration School, 449 Thames St., Newport, 4-7 p.m. An opportunity to talk with IYRS staff and instructors, see student projects and learn about the Pobzeznik@NewportRI.com Workshop offered for job seekers NEWPORT — The Newport Public Library, 300 Spring St., will host “Managing Your Online Image,” a workshop for job seekers, on Friday at 10:30 a.m. Trainers from Consolidated Consulting and Recruiting CALENDAR TODAY Department got them second hand from Naval Station Newport, Lloyd said. “Some of it works,” he said. “Some of it needs repair.” The scrap value for some of the equipment may be higher than the actual value, Berlucchi said. “Some things are worth more in junk,” he said. There also are pieces that look like junk but still work and could be useful to someone. There’s a 1990 Ford Super Duty truck that has a hole in the floor near the driver’s seat belt. Paul Rousseau, a mechanic for the town’s Highway Department, said it could be used on a farm. But whoever wins the bid will have to tow away the truck, he said — it’s got two flat tires. Services will advise job-seekers on how to present themselves online to prospective employers and which practices to avoid. Registration is required and those interested can sign up at the library’s Reference Desk. SWIMMING BAN UPDATE M U N I C I PA L M E E T I N GS MIDDLETOWN TIVERTON TODAY TODAY Town Council, 7 p.m., Town Hall. Wastewater Management Commission, 5 p.m., Community Center. Tiverton Open Space and Land Preservation, 7 p.m., Town Hall. Town Council, special meeting to interview special counsel, 7 p.m., Town Hall. Financial Town Meeting Changes Advisory Committee, 7 p.m., Community Center. Harbor Commission, 7:30 p.m., Community Center. NEWPORT TODAY Planning Board, 7 p.m., City Hall, council chamber. TUESDAY Historic District Commission, 6:30 p.m., City Hall, council chamber. PORTSMOUTH TODAY Town Council, 7 p.m., Town Hall, council chambers. TUESDAY TUESDAY Town Council, joint workshop with Planning Board, 7 p.m., Town Hall. Recreation Commission, 7 p.m., Community Center. Water and Fire District, 7 p.m., 1944 East Main Road. school’s training programs. 8485777, Ext. 203, or www.iyrs.org. FAMILY NIGHT CONCERT — Easton’s Beach, Newport, 6-7:30 p.m. Newport Recreation Department will present Abbey Rhode, sponsored by Easton’s Beach. Admission free. Parking free after 5 p.m. Beach amusements and snack bar will be open during show. 845-5810 for cancellations. WEDNESDAY TOE JAM PUPPET BAND CONCERT — Ballard Park, Hazard and Wickham roads, Newport, 1011 a.m. Children’s songs, shadow puppetry and storytelling. Seating on the grass in the quarry meadow. Bring a blanket or lawn chair. Free. 619-3377 or ballardpark.org. SUMMER READING PROGRAM — Knights of Columbus Hall, 28 Fish Road, Tiverton, 10:30 a.m. A 45-minute time travel storywriting workshop with Steve Krasner, who has covered the Boston Red Sox for The Providence Journal and ESPN, will be offered as part of the “One World, Many Stories” Summer Reading Program. Tickets available at door a half-hour before presentation. Open to children ages 4-10. Free. 6256796, Ext. 14. FILM SCREENING — Newport Public Library, 300 Spring St., Newport, 2:30-4:45 p.m. “Tsotsi” (2005), based on a book by Athol Fugard, will be shown. Free. 8478720, Ext. 208, or info@newportlibrary.org. BINGO — Dr. Martin Luther King Jr. Community Center, Edward Street entrance, Newport, doors at 5:30 p.m., games at 6:30 p.m. Bingo held every Wednesday, to benefit the MLK Center. Must be 18 years or older. Refreshments available for purchase. 846-4828. FREE CONCERT — Ballard Park, Quarry Meadow, corner of Hazard and Wickham roads, Newport, 6:30-8:30 p.m. The Foreverly Brothers will perform. Free. 6193377 or www.ballardpark.org. With contamination having caused swimming bans at several public beaches in Newport County, The Daily News regularly will update the status of those most often affected by high levels of bacteria. According to the state Department of Health, as of this morning: Atlantic Beach, Middletown: Open. Easton’s Beach, Newport: Open. Third Beach, Middletown: Open. King Park Beach, Newport: Open. Fort Adams State Park, Newport: Open. Peabody’s Beach, Middletown: Open. Sandy Point Beach, Portsmouth: Open. For the latest information, visit www.NewportDailyNews. com and click on the ‘Going to the Beach?’ icon or call the health department at 222-2749.