The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-07-29

Main street. Westminster, contrary to ordi-
nance 0. section l, which imposes a line OF
from one to five dollars, in the discretion OF
the magistrate. The alleged offence was re-
fusal of MIR. Foster to stop his bicycle OF dls-
mount when asked to do so by Col. Maulsby,
who was riding out with his wife, and whose
horse was frightened by the bicycle.
The case was continued until late IN the al,
ternoon of Friday, and then adjourned until
Tuesday last. when some further testtaoi'S
was taken.
At the conclusion of the testimony Col.
Maulsby stated that upon reflection he thought
it might appear that he was seeking his own
rights or vindicating himself at the public ex-
pense. and as far as he was individually con
cerned, now that the testimony was in and the
facts brought out, he would dismiss the case.
He left it to the city authorities to say whether
the rights and safety of citizens were to be sub
served by further prosecution OF the case.
AS for himself he, individually, would not
consent to the city mourning expense for the
preservation of his personal rights or safety
Mr.. Parke said Col. Maulsby had only done
right. when he believed an ordinance of the
eity had been violated, to lay the complaint.
When the trial came on he had requested Col.
Maulsbv to conduct the case. He did not
think the occurrence was an offence under
any ordinance of the city, upon casual glance
at ordinance No. 9, the only one referring TO
distractions, but if Col. Maulsby thought that
there was and that the public interest was 70
be sabserved he wanted the case argued ana
a judgement rendered 1t was the duty OF the
authorities to enforce their ordinances aud to
protect citizens as far as their power extended.
B. Howsrd Hannah, counsel for the defense,
said his client would gladly accept dismissal,
but he wanted it from the city authorities; has
client had been arrested upon quasi criminal
charge. and that the case had been magnIhed
and been notieed in the police notes OF the
newspapers. and spread broadeasti that ms
client went to Cape May last Sunday, aud the
report Of the trial had subjected him to annoy,
anee. &c. the idea having been conceived
that he had committed some great criminal
offence. They would gladly accept dismiss
al Of the case by the city, the prosecutor.
that was not ordered, they wanted the case TO
90 on. Mr. Parke then instructed the justice
TO dismiss the case.
Col. Maulsby then offered and insisted upon
having the costs Of the case. The costs are
small matter and should be borne by the city.
ANY citizen who knows or thinks he knows OF
a violation of any city ordinance certainly mas
a right to lay the complaint before a justice ei
the peace. ii. indeed, It is not his Guty as
good citizen. That Col Maulsby IN this case
was the informant and chief prosecuting wit,
the city should not permit Col. Mauisby TO
pay the costs.
The whole affair was a trivial one, and the
1 ADVOCATE would say nothing about il except
I for some remarks Of Mr.. Hannah. Mr.. Foster
counsel. which would appear to reflect on The
! CITY authorities of Westminster. When Col-
/ Naulshv smoke of diSmissing the case, a
above noted. Mr.. Hamsn said the case bad
I been paagaiffed, and gwen notoriety eg beng
published among the police notes Of me press
/ and spread broadcast; that ms client nau
/ been subjected 70 annoyances, &c, NE aaea
/ having gotten abroad that he had committed
some great criminal offence. These remarks
/ were reported in the Baltimore papers also,
/ and would convey the idea that the city q
/ Westminster had magaified the case. vas re
I sponsible for the notoriety and was ia q sense
prosecuting Mr.. Foster. This may no, have
{ been Mr.. Humans intention, but that his re
marks would have that effect Is plain-
The facss in the case are these: 0n Monday
evening Of last week Col Maulshy aud his
wife were riding in their phacton, on Main
street. this city. not far from their residence.
/ Col. Manlsbx turned to bow to some ladies,
and BY a movement Of the relns n his hands
/ was appraised that his horse was frightened %
nervous at something. Upon turning BIS head
again he observed that Mr.. Foster then an
known TO HIM was approaching on a bicycle
Z Mr.. Foster was then some thirty i've steps 81,
and Col. Manlsby. knowing that his horse
/ would lrixhtea al bicycles, the had previously
done SO and broken the cross bar ofthc shafts
I called 20 Mr.. Foster 10 hold on or stop Mr..
/ Foster did not stop, aud Col. Aanlsby called
/ 70 him agaia 10 stop when t~cuty-three steps
t off Mr. Foster continued ridiEg, and when
onnosite Col. Mauisby made remark 10 him
1 thai was quite unheceming, considering Mr.
/ Fosters yeaah aud Col. ManlSby sage. Then
! Col. Manlshy used some harsh language. The
! same evening Col. Manssny laid Complaint
/ hefore Justice Crapster. Mr. Poster dia nos
wait to Be- arrested, bot made his appearance
I and asked that the case be heard on the tos-
lowing Friday. Col. Manlshy vas sltling
4 then 10 20 On with the case, and Mr.. Poster
not being ready offered TO 90 his security
+ Mr.. Fosters oxn recoguixsnce vas taken.
and the ease sei for 10 0 clock FRIDAY Inssrn-
ing. On Thursday evening he came @ Nest
/ minister with counsel and two friends The
( next mcrnIng before the trial began, his
friends, in uniform, mounted their bicycles
and rode up and down the streets. the per-
forsnance appearing like 3 menace 20 The eity.
Mr.. Foster was about 10 have a hearing on
the charge Of ohstructirg the streets b fright.
ening a horse Dy riding bicycle thereon, and
they ran the. risk Of being arrested for = siml-
IN the court house. rot by Col. Aaalsby $ re-
! quest. bat agains, his wishes, nor did the city
authorities request that the case BE heard
there. The Justice sat there only apon the
request Of persons who desired 70 hear the
proceeding There was a large crOwd IN 81
tendance, Including several newspaper CORES
uoDdents and reporters. The proceedings
were reported. but not in the .-poiiee notes,
as Mr.. Hannah stated il. but among the erdi-
! nary news matter, and the Baltimore papers
published the reports ~ interesting matter e
bicyclists and others, under the misttsken idea
that the rights Of bicyeiists 70 ride on the
streets or roads was q question involved
There was nothing in the reports or proceed
ings to show that Mr.. Foster had committed
any great criminal offence. At the worst be
had only violated city ordinance the penalty
for which was a small fine. Had he desired
10 avoid notoriety, he could have bad quiet
hearing lust after the occurrence, with the
san,e result. prob1bly, that was aherwari
reached. o. he conld have paid the hne and
costs. amounting 90 an Insignificant sum, and
gone on his way rejoicing He preferred NOT
10 do either He could have avoided any un-
pleasant occurrence, most likely. By doing a
Westminster bicyelists do-stop and dismanni
when asked 10 do so or when they see horse
is frightened He acted, however, in very
case rs though be thought tiaat some great
right of the League Of american BicyelisiS,
an association Of which he is captain, wns
about to be abridged or taken away, aad the
nosoriety Of the case is in no way chaFgeable
to the city of Westminster.
We do not propose to discuss the law bear
ing on the case. If there is no law prevent
ing the riding OF driving Of vehicles along
streets when horses frighten. there should b
one. No one has right to proceed on a b.
cycle or in a carriage or other vehicle 70 The
danger Of the life or property Of others. Mos
people stop when they observe they are fright
ening horses. All who do not should b
made responsible for the consequences
After the conclusion of the case on laes
r day, Mr. Foster, BY his counsel, Mr.. Hannah,
Instituted two suits against Col. Maulsby, and
will claim S., 900 damages, it is, said in eacf
case. One suit is for malicious prosecution
and the other is for SANDER.
Noa-sassed.
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