The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-17
CAR.ANI|.D|:||'
NA|L-| N | N. ] /:
Street Car Conductor and City
Policeman Before United
States Commissioner.
For CONSTRUCTING ii THE. MAIL ! 7
oolicel1an scharged --- Con-
ductor@Sent on to Grand s.s
Jury. II

E8E united states commissioner sJOSepH5a1.l
Brady yesterday heard the cases Of Po-
allcemnn$ Nv. n II. Ogilvie and Street Car
Conductor Robert Davis, who had been ar
rested on warrants swornsout by Post
office Inspector Bulla, charging them with
violation "a Of the laws Of the United
States ms obstructlng mail carrier
while In the discharge OF his du ties q
such. Tho street car conductor a rrested
yesl ley H, ones, Il a colored carriera4of
Uncle SAINTS mail pouches on the goth
or! June last. primarily, because Jones ones;
would not i.'ino}e up on q Broad Street
open, car when so requested by the con-
sductor IN rtance wthiR.o the jim" Jim
Grow law, but. as tie evidence In the
{investigatlon sho wed mainly because aus
Jones was bstfeperou JUS and oEnew Y t.t.
Doisterous after he had been brought up
against the Jim Crow proposition. The
conductor, acting under authority as Q
specla | 4 conservatorE Of the peace, made
the arrest and then turned the prisoner
over to Officer Ogilvic, who took him
\ to the station house where he was de-
talned about tllree-quarters of an hour,
3 The commissioner called the case one
day last week 81 but continued It until
Yesterday morning at u o'clock, 1T'he
Conductor and the officer were on hand
ana N1essrs. Eprei II in ION, IT, IT., and A ID.
Guigon were present to look q tier the
interest of the conductor, and City Attor-
4ncy Pollard was in court to see that
the policeman had a fair showing. AS
3sistant District Attorney Talley appeared
4 for the postal authorities. aa n 2s$
Discharged and Reinstated.
An interesting feature OF the hearing
was the explana ton by Captain Gutgon
OF the circumstances under which Con-
ductor Davis was discharged and then
5relnstated by the Passengers Power
Company. He stated that the report made
to the superintendent of the company and
repeated to him over the phone was to
the effect that the conductor had arrested
the letter carrier because he refused to
move from the second seat on the car
on this statement the conductor was dis
charged but when an investigation was
made it was shown conclusively that the
arrest was made. not because the cal M
rier would not move, but because he was
tdisorderly on the car, Captain Guigon
said he then advised tho Immediate re-
.instatoment Of the conductor, and this
was done ss5 KS
Il After tho introduction, examination and
OF o number OF Wit
bnesses, Including the principals IN the
affair, Mcssrs Hunton and tGuigon brief
5ly argued the questions that had arisen
and cited numerous authorities bearing
on the case. The commissioner said no
felt that inasmuch as there was probable
cause Of guilt, he felt that no had no
right to dismiss the case against Davis
and would send him on to the grand jury
for the October term oc the United States
District Court and would require only u
nominal bond There being no evidence
against Policeman Ogilvie. he was dis
charged Ss {. tgs
The Testimony.
Tho testimony of Jones, the mall car
rier, was the same that has already been
rested while in the discharge Of his titles
because he refused to move when or
dered so to do by the conductor; that
he was turned over to the. policeman, who
took him to the station and detained
him SO long that he did not reach x the
postotllce In timo to send Ger tain lmail
then IN his pouch, Off by the first out
going train. y, 4i
e Tho testimony Of the conductor and Of
ether Witnesses who We're passengers sol
the car was to the effect that when or
dered to move up In the part Of the car
assigned to colored people. the mall ca r
irier became Indignant. and wns9not only
insolent and threatening to the cpnducs
tor, but was rather loud lnou thed ana
boisterous, not to say disorAerly, VI The
testimony showed that ] onea, Informed
the conductor that his mailbag and his
badge would protect him Ohe #oarrler)
and put the conductor in jail or have
him severely fined There were several
witnesses OH both sides. bat the above
was tho gist Of the testimony.
The attorneys In asking for the dis
charge of Conductor Davis argued that
the statute under which the arrests We're
made does not apply to- the delay Of
tho United States mail except where "
can be shown that tho obstruction was
actually for the purpose Of delaying the
mail. In this case, he said, there was
no intent to delay the mail. The condnucc..
tor felt that he was doing his duty IN
arresting the carrier for disorderly con-
duct on tho car; the policeman believed
he was doing only his duty when he
took the prlsoEeg to the station,