The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-05-01
THE SENATOR SAID 70 BE I'LL
Reported That He Is Threat
ened With Pneumonia.
COUNSEL IN HEATED DEBATE
The Assistant District Attorney Proposes
to FOl-PrOs, Which Is Bitterly Resist
ed by Lawyers Representing the Con-
tending Sides.

The charge Of assault preferred by Sen
ater Money Of Mississippi against Coaduc-
tor Shaner, OF the Capital Traction Street
Railroad, and Fireman Hooper. OF the 10
cal Fire Department, and the counter
charges fled BY shaner against Senator
Money we're not disposed of in the Police
Court today, as was expected.
The cases were called. but Senator
Money was not present Senator McI.au-
rim OF Mississippi, representing him. an
nounced TO the court that his colleague
vas III, being threatened with an attack
Of pneumonia, and that it would be a week
or SO before he would be able TO leave
his room. He read the certificate CT a
doctor bearing out this statement.
Assistant District Attorney MuIIowny-
who has charge OF all prosecutions in the
Police Court, announced to the court that
he had investigated the charges of both
parties, and thought that the ends of JUS
tiee would be met and well served If the
cases were nol-prossed.
The attorneys for both Hooper and
Shaner objected TO the settlement OF the
case in this manner, and, addressing the
court, combated the right of the District
Attorney to enter a mol pros.
Ross Perry. attorney for the Capital
Traction Company, made strong address.
N which he characterized the action Of
the District Attorney as most extraordf-
nary He said that his clients had been
charged with a serious oTense by Sen
ator OF the United States, that the Sen
ator had called upon The railroad to dis
charge the emPloye, and had demanded
OF the District government that the fire.
nan be removed and that his daily bread
be taken from him
Should Observe the Law.
Next to the President Of the United
States, Mr.. Perry said. "a Senator should
be most careful in Observing the law
That he IS fully acquainted with it there
should be no question He boarded a car
Not having q transfer, he refused to nav
his fare The conductor, in discharge of
his duties, attempted to put him of. The
Senator drew knife from his pocket and
stabbed the conductor in the hand The
fireman, az citizen should do, assisted
the conductor in enforcing the Ia=, which
says that everyone riding on a street car
must and shall pay a fare Because they
Go their duty he demands that they shall
be dismissed from their employment. The
railroad intends to stand by the con-
Guctor, and We demand that the case be
tried"
He intimated that the conductor would
bring civil action against Senator Money
for defamation of character.
Demand for a Trial.
We insist that the case be tried he
continued. Suppose the Se2ctor had cut
the conductor over the heart. or in the
neck. Would the District Attorney then
have asked that the case be noI-prossed2r
Mr. MulIowny said that he had ex-
aEnined the case, and that he saw no rea-
sen why the Government should 90 to the
expense Of trying the cases when wit
nesses for both sides make controverting
statements, aud that Senator Money was
willing to have the eases disposed OF in
this manner.
Whoever heard IF case" asked Mr..
Perry. where the Witnesses On the sew
eTaI sides did not contradict one another2
That's what the court is here for; that's
what the jury is here f0r-to decide who
is telling the truth"
District Attorney Without Authority.
He declared that the District Attorney
had not the authority 20 sit as Judge
in case. and that is what he claimed the
District Attorney was trying to do in this
case
Judge KimbaH seemed inclined TO rule
that the District Attorney, If he saw 1T.
had the right to enter a mol pros. in
any case, but 1t the request Of Mr.. Perry
he allowed the case to go over until next
Tuesday. when be viii hear arguments
from the railroad attorneys combating the
right of the Government TO settle the
case without trial.
The attorneys fer Hooper and Shaner
say that they viii compel Senator Money
to come into court, and informed the
Judge that they were willing to let the
case go ever until such time as the Sen
ator may be able to appear.
Senator McLaurin OF Mississippi and
Representative Hooker of Mississippi are
conducting the case for Senator Money
Chief Dutton OF the Fire Department
was this afternoon directed by the Com
missioners of the District TO investi-
gate thoroughly the charges preferred BY
Senator Money against Fi-a-nau LToo-e-