The Montgomery advertiser., 1905-09-15
Advertiser Bureau.
 Mobile. Sept. Il.

Mobile, Sept. n.
 The ease or Daniel J. Nolan, the con auctor on the Charleston Street electric ear line, who was arrested Tuesday night on the disorderly conduct charge in connection with the assault or afIray between him and Robert l.. Heitsr, an account Of which appeared in Wednes- days Advertiser. was up today. For Khs prosecution appeared McAipine and Robinson and C. w. Tompkins. and for the .aafense appeared Harry T. smith A large audience assembled to hear the evidence and the witnesses sworn for the prosecution were Robert L. Hsfter, yaek Gayle, Samuel Swepe. D. ]. Me- DonaId, Nose Bernstein and ]. ". Sur aavant- For the defense appeared Mo- eorman Rasberry and the defendant. M. T., Judge was also sworn for the de- fense, but did not testify, Rs he was not present when the afrray occurred.
 Hefter testified that he helped his wife on the car at Royal and St. Fran cts Streets and before she could get inside the car, closed one, the cenduc- tor gave the bell, the car started and she was thrown down. He helped her up and then turned to the conductor and asked him why he did not give his wife time to get to a seat. this be- ing the second time he did this In the same night. The conductor, he claims. then struck him and damned him down between the tool box and side of the car and held him down. His wife screamed several times and Mir. Gayle. after the car was stopped, pulled Nolan oR.
 Mir Gayle testified to seeing the con- ductor having Heiter down. striking him and to seeing the motorman shove When he pulled Nolan off Heiter. Nolan asked him what the h--l he had to do with 1t. Gayle said he didn't have time to answer, but pulled Nolan ofr the man who was down. Messrs. Swope, D. ]. Mcdonald, Nose Bernstein and J. W. Eturdivant testified to seeing the con ductor holding Heiter down and seeing the motorman shove Mrs. Heiter aside. They testified to seeing Heiter bleed ing
 Nolan denied striking Heiter and charged him with cursing and striking at him several times before he caught and held the man down. He was rigid ay cross-examined by Attorney Robin son. He denied that Mrs. Heiter had fallen when the car started.
 Mrs. Heiter was unable to be in court, because of her invalided eondi- ton and as a result of bruised side from the fall
 After the argument had been com clnded. c. W. TompkIns opening and E,
 
 ton and H. T. Smith speaking for the defense. Judge McAleer imposed a fine of SIS or thirty days against Nolan. Notice of an appeal was promptly given.
 Mobilians tonight are rejoicing, yet grieying-rejoicing because If the splendid report sent to Washington by Dr. Goidberger. representing the United States Marine Hospital and Public Health service, and grieving because of the unjust, unwarranted and absolutely uncalled for report of DF. J. Fl. Tackett representing the Mississippi Health Board. which resulted in a quarantine against Whistler, one of Mobiles healthiest and cleanest suburbs.
 Local physicians and laymen have drawn comparisons as between the re- ports of the two Investigating physi- clans. Dr. GOldberger, speaking to The Advertiser representatives this afternoon said: T am more than pleased with my visit to Mobile and her suburbs. Every courtesy was shown me by physicians and others and am happy that was able to report to my superior that Mobile is absolute iy healthy and without a single case of suspicious illness, and the same l can say of Toulminville. Whistler and Plateau. after a thorough investigation My reception and treatment here by tho physicians has been most courteous and every opportunity was given me fol perfeeting my investigation"
 How different. said local physician when told of the words of Dr. Goldber. ger, was his action as compared witt that of pr. Tackett, the one followine close on the trail of the other. wher the latter. without making an investi' gatlon, wired his superiors, ane as result, stain was cast upon thu fair name of Whistler and that inter esting suburb shut of from Meridian because he alleged he had not beer shown the proper courtesy by a physi elan at Whistler. who would not leav' -