The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-23
E. R. THOMAS PAYS $50 FINE.
MIR. JEROME APPEARED IN AUTO
SPEED CASE IN SESSIONS.
Asked Severe Punishment, but Justices
Could See No Proof OF Recklessness
Banker said He Wasn't Going Very
Fast--Brush's Chauff eur Very Angry.

Could Sec No Proof OF Reclklessnes,
Banker Said He Wasn't Going Yer,
Fast--Brush's Chauff eur Very Angry
Edward R. Thomas, the banker and
sportsman, was fined S25, with the alterna'
tive of five days in JAIL by the justices OF
Special Session yesterday. for automobile
speeding. The offense was committed
on April 81 in West End avenue, near lO7th
street. He was arrested by Policeman
Neurney Of the bicycle squad. Mr.. Jerome
prosecuted Thomas. His associates,
Messrs Rand and Gargin, were also In
court.
Ncurnev swore that he timed Thomas
batween lO2d and 107th streets and found
he was going eighteen miles an hour.
-Itod him to slow down. said the police
man, and then | arrested him."
Thomas took the stand and Mr.. Jerome
ouz2ed him about his machine.
Il live in Newport said Thomas and
have city horne at II West Forty seventh
street / have been running machines
for nearly seven years and know some
thing about them. On April u had
Just como In from the country and was
going up West End avenue at the rate Of
might have been going thirteen miles.
am positive that was not going eighteen
miles,
This Is a case" said Mr.. Jerome, that
ought to receive punishment. To men Of
means a small fine Is almost equivalent to
a license. The punishment should be Of
such nature that 1t would become de-
torrent ! know the temptation to let out
q machine. Perhaps II owned an auto
mobile would exceed the limit. too, but
that's no reason why these men should not
be punished
Alfred Iauterbach, Thomas's counsel
argued that bis client should not be made
an example merely because others trans
crossed the laws.
Justice Deuel., in passing sentence, said
IL the facts warrant me In sending to
prison a second offender I will not hesitate
10 do it. There is not sufficient evidence
In this case, however, to show recklessnees,
and l think that justice will be satisfied
by the payment Of $25 fine
Mr.. Thomas paid.
John I. Brush. the baseball man, went
for ride in Central Park on Sunday with
two women. The party started from the
Imperial. At McGown's Pass Tavern his
automobile gave out and Henry Craig.
his driver, was unable to start It.. Brush
telephoned the Standard Automobile Com
pany. at Broadway and Fifty-second street.
Tor another driver.
John j. Calvin an expert driver. volun-
teered to do the job as an accommodation.
he soon repaired the machine and started it.
1t was then $40 P. NJ. At Q o'clock Mr..
Brush had an engagement at Tappan's, in
Sheepshead Bay. All the way through
the park, Calvin says, Mr.. Brush kept urging
him to 60 faster. He objected. but at
Seventh avenue Brush insisted on speed
ing, and even started, Calvin says. to take
the wheel himself. At Fifty second street
the party was stopped by bicycle policeman
Gudeman and Calvin was arrested
Brush Jumped out, helped the ladies out
and started away.
Aren't you going to bail out your driver'
asked the cop In surprise.
Brush hurried away. Calvin spent the
afternoon as a prisoner, while Craig took
away the machine and hustled to find bail
When Calvin was alTaigned in the West
Side court yesterday he was very sore
about his treatment. Magistrate Wahle
held him for trial in 500 bail.
1T will probably mean fine OF $35 or
$780, he said, and the loss OF time for
trial"
Eugene vaillain, the automobile driver,
who said he was employed by the Lewisohn
family when he was arrested on Sunday,
vas arraigned in the Morrisania court
Yesterday and held in $500 bail for trial.
He was charged with running at the rate
OF twenty-five miles an hour. Frederick
Lewisohn Of IA East Fifty-seventh street,
accompanied by a lawyer. appeared in
court in Vaillain's behalf but couldn't con-
vince Magist rate McAvoy that Vaillain
hadn't yiolat e6 he au