Evening star., 1902-05-01
NOLLEPROS,P PROPOSED
Outcome of Recent Street Car
Incident.
SENATOR MONEYS CASE
PROSECUTORS OFFER TO DISMISS
CHARGES RESISTED.
Attorneys for Street Car Conductor
and Firemen Hooper Prefer
Trial.

The United States branch of the Police
Court of the District OF Columbia was the
scene of a most spirited hearing today.
when the case of Hernando d. Money, a
United States senator from the state of
Mississippi. arrested for assault, the charge
being that he cut Orpha H. Shaner, a con-
duotor in the employ OF the Capital Trac-
tion Company, with knife, and the cases
against Conductor Shaner and James f.
Hooper the latter foreman of the Dis
trict of Columbia fire department. charged
with assault by Senator Money the out
come of his recent ejectment from street
railway car, were called
Assistant United States Attorney Null
lowny announced his intention of entering
a nolle prOsequi in each of the cases. Coun-
sci for Shaner and Hooper made strenuous
objection to the proposed action, and Judge
kimbau finally continued the matter until
next Tuesday morning at II o'clock. AT
that time the question Of whether or not
the United States attorney has the author
lty to nolle pros. a case without the assent
of the court will be argued.
The fact that the cases were set for
hearing today attracted throng which not
only crowded the court room, but also
filled the adjacent corridors.
Senator Money was not present. but the
other defendants were hand. The sena-
tor from Mississippi was represented by his
colleague, Mr.. McLaurin. and by Attorney
Fred Beall- Several members of the Mis-
siSsippi delegation were present. Attorney
G. Thomas Dunlop. and, later, Attorney K.
Ross Perry, appeared for Conductor Sha-
ner. while Attorney H. Prescott Galley
looked after the interests of Fireman
Hooper.
The Prosecutors Statement.
1t seemed TO be matter of general sur
prise when Mr.. Mullowny announced that
he had decided to nolle pros the cases He
explained that he had investigated the
charges very carefully and had reached the
conclusion that the ends of Justice would
best be subserved by dropping them
Attorney Dunlop objected to this proce-
dure. His client was in court, he said with
a good defense: and ready for trial
Judge Kimball wanted to know if counsel
denied the right Of the United States at
torney to enter nollJ pros Attorney Dun
lop replied that he merely questioned the
propriety. under all the circumstances. of
taking such action.
Senator Money is not in court and it is
proper for me to explain why he is not
here. at this point stated Senator Nc
Laurin- My colleague has been con-
hned TO his rooms since the 26th of April.
threatened with pneumonia. 1t is not neces-
sary for me to state the cause of his ILL
ness"
Physicians Certificate Read.
"A CeTlUtdte from Dr. Marvin A. CUStiS,
setting forth that Senator Money is suffer-
ing with congestion of the lungs, and that
he will not he well enough to leave his
home for at least five six days was
read
Il make this statement to Set Senator
Money right before the court. Senator
McLaurin went on To say The United
States attorney is the law officer of this
city He having seen lit to dismiss these
charges. such "a course is satisfactory to
me. We have no disposition to prosecute
nSnybody- My only desire is to see my coll
(igue in the United States Senate relieved
Rence.''
Attorney Galley next addressed the court.
He Joined with Mr.. Dunlop, he said in pro-
testing against the disposition OF the
charges by noIIe prossequi.
Has the court any authority in the mat
ter at this stag Of the case?" inquired
Judge kimbaN
When the process OF the government is
used to bring men here charged with
crime. responded Mr.. Galley. warmly. ''the
court has authority 10 ask of the United
drop the charges. Nr Nulowny has not
said he believes the defendants not guilty
My client has been brought here and
charged with assault. His position in the
fire department has been jeopardized. Sena-
tor Money has preferred charges against
him with the chief Of the department.
Mr- Hooper has the right 70 the verdict
OF a jury We have fifteen witnesses here
t. establish his innocence Neither Sena-
tor Money nor anyone else has the right
II use the process Of the court TO satisfy his
personal feelings in a matter Of this sort
The United States attorney has no right to
enter a nollv pros. without the consent of
the corrt. As the senator is i'll we will
consent 20 continuance until such time
as he can be here 70 justify his action in
this case
Regarded as Extraordinary Step.
Mr. Perry remarked that he had been
sfrr7Tf nod h..
prosecuting attorney was about 10 take
a most extraordinary step"
During my long experience at the bar"
added Mr.. Perry. Il do not recall case
OF this gravity being disposed of in such
manner as IS proposed here. l rather think
thai the United States attorney would not
attempt to pass upon a question of self
a. tenSe- If the cut inflicted on Conductor
Sidner by Senator Money had been in the
neck or over the heart it might have re-
sG!ted in death. 1t is not for the United
States attorney to say whether crime shall
b. prosecuted. 1t is for the law TO say"
Continuing, Mr.. Perry went Into the de-
tail< Of the occurrence as he understood
them.
Senator Money owes it to the capital
city and TO his constituents 10 set an eX-
ample by observing the hw." the attorney
declared He cut a man who was merely
doing his duty. and then demanded that
the company discharge the conductor. If
the nited states attorney says in view of
all these facts, he Will not prosecute he
may as well say he will not prosecute any
crime
In the name of the law which your
nonor is here TO administer" added Mr.
Perry. give US chance 10 be heard"
Ihe only question here suggested
Judge kimball. lis whether the court has
s.y authority over the acts OF the United
states attorney in this connection"
Attorney Perry asked that he be given
ar opportunity to investigate the subject
~. Az ne desired was continuance for few
days 10 permit of such Investigation
Mr.. Mullowny Responds.