NEW HAVEN, Conn., Oct. 16--Student band manager Peter H. Strauss '54 and band member Edward K. L. Upton '53 1G will appear in New Haven court Tuesday morning to answer police charges of breach of peace and parading without a permit, following an impromptu 3 a.m. parade around the Old Campus at Yale by the band Saturday morning.

The band was en route to New York in four chartered buses to play at the Columbia game Saturday, when members decided to stop at New Haven and serenade the Eli campus. Over 150 bandsmen participated and, according to New Haven police, nearly started a riot.

The parade extended for about ten blocks and was followed by a 15-minute concert in Harkness Common, eliciting curses and missiles from adjacent dormitories. A crowd of almost 1,000 Yalies came down to watch--in various stages of undress.

By the time city police arrived, however, the band had returned to its buses, and was ready to leave. Nine prowl cars and about 15 patrolmen halted the caravan and, with police aboard, the buses were taken to a nearby precinct station house, where Strauss was booked as responsible since he is band leader, and Upton was charged as a token representative of the group.

Upton Booking Rapped

Upton's booking was sharply criticized by witnesses. "He was just the guy nearest the front of the bus when the police came in to grab somebody," one bandsman said.

"I haven't the slightest idea how much the band will be penalized," police lieutenant Mario Pepe said Saturday. He pointed out that the maximum fine for parading without permission is six months in jail and a $100 fine.

While the buses were parked outside the station house, waiting for police action, an off-duty patrolman, Anthony Matteo, staggered onto one of the buses and made feeble attempts to interfere with proceedings, making profane references to other policemen, especially Pepe, who took charge of booking. Matteo was later charged with drunkenness and breach of peace.

Following the posting of bail, Pepe allowed the band to leave, with the warning: "These things have gone too far. There won't be any next time."

The court appearance will make no difference in plans for the band's annual Dartmouth concert, to be held Friday at 8 p.m. in Sanders Theatre.