The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-23
VAN DUZEN FINED
FIFTEEN DOLLARS
Makes Serious Charge Against
Arresting Officer
SAYS He WAS ASSAULTED
Policeman Stokes Will Be Arrested on
the Charge of Assault and Bat
terry With a Weapon-Prin-
cpals Talk.
SAYS He WAS ASSAULTED

Don C. B. Van Duzen, president and
treasurer of the Van Duzen Motor Car
company was fined $40 for running faster
than eight miles an hour and s. for falling
to have number on the machine, in &C
cordance with the city ordinance.
Mr.. Van Duzen In court yesterday COM
planned to Judge Feagin that officer
Stokes, who made the arrest. struck him
In the mouth and face with the barrel Of
a revolver, cutting the upper lip, break
ing tooth and cutting a cash from the
eye to the ear on the left side OF the
face. He asked that Stokes be fined, but
this Judge Feagin refused to do. although
he lectured the policeman for striking a
man In the custody of the law.
He also paid high tribute to the consti-
tutional rights of a citizen and said a
man under arrest Is entitled to all the
protection the law can give him. He said
that any policeman who struck man
unless it was in defense of life. is not
fit to wear either the badge or uniform of
a police officer"
A warrant was sworn out by Mr. Van
Duzen for the arrest of Policeman Stokes
before Judge w. S. Russell, returnabie
at once to the first division of the GRIM
inal court, charging him with assault and
battery with a weapon
Up to an early hour this morning Po-
lieeman Stokes had not been arrested.
Mr.. Van Duzen, in speaking of the case,
said II was the Victim of a most brutal
and cowardly assault. Without any rea-
son at all l was struck In the race 9th
the barrel of the gun, and again on the
left cheek. The blow In the face cut my
lip and broke a tooth and have cash
as you can see on my left cheek.
"Why the policeman struck me Is be-
yond by understanding. was driving my
automobile at, l admit, a pretty good
rate of speed, when l was attracted by
six reports of revolver behind me.
stopped my machine quickly and saw two
policemen running toward me.
Seeing no one was hurt, l slowly drove
the machine to the garage, distance oil
half block away, and had been there
but a moment or two when Stokes came
UP and said with an oath, Il will teach
you TO run your machine fast through
sthese streets This thing has got to stop.
l asked him what he wanted, and ne SAID,
You are under arrest and Will nave TO
give bond. | said That is all right, Will
see Mayor Ward in the morning. TO which
he replied, No you won't and struck me
as before stated. He appeared to be In
perfect frenzy. l never demonstrated IN
any way when he said was under arrest,
and why he struck me Is more imam
know However, l will give him a chance
to explain to both the court and the police
commissioners, as l intend pushing this
to the utmost"
Policeman Stokes tells a different story.
When asked concerning the statement OF
MI Van Duzen, he said:
my attention was attracted TO an au-
tomoble about FIVE or six blocks away, l
should say about Avenue G, by the noise
1t made From the noise I judged 1t was
going at an excessive rate of speed and
made ready to stop 1t when 1t had reached
me. | ran out into the street and waved
my arms, but It never even slowed up,
and to escape being run over l was COM
PEELED to jump out of the way. | fired my
revolver six times to attract the attention
of the occupants but they paid no at
tention to me. l saw them turn into
place where they keep automobiles and
ran up to them and said they would either
have to make bond or go to jail. At this
they became very abusive and one or
them, Van Duzen, reached his hand in
his pocket ] thought. for a revolver l
quickly grabbed his arm, and with the
assistance of Policeman Whitney searched
him but found no weapon. At this he
became more abusive, and so insulted me
that lost my temper for second and
struck him lightly with the tips OF my
fingers. ThattI struck him with a weapon
of any description or that I cut him Is
not true, and If the matter ever comes
I'D | will have a number of witnesses to
substantiate my story"