Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-02
CONFLICT OF AUTHORITY
ARREST NEAR BENNING TO BE
INVESTIGATED.
Maryland omcials to Be Asked to
Explain Their Action-Justice
Cars Statement.

A knotty question has been raised by
the local police department, growing out
of the arrest of four young men on Ana
costa avenue near the Benning race
| track, as stated in The Sunday Star. The
police of the ninth precinct were in
formed that two detectives. in the employ
of the Pennsylvania Railroad Company.
had made the arrests and taken their
prisoners into Maryland.
Witnesses told the police that one of the
detectives had shot one of the prisoners
| through the hand. and that one man had
been arrested for having criticised the
shooting.
Capt. Daley had Sergts. Hartman and
Mccormick to investigate the affair, and
they soon learned that the .our young
men had been tried in Maryland and
three of them were sent to the house OF
CORE ction at Jessup to serve terms for al
legged violation of Maryland law which
prescribes penalty for persons riding
upon railroad trains without being au-
| thorized. The fourth one was dismissed
| from custody after hearing before jus
tice Carr at Hyattsville this forenoon be-
| cause of an insuffciency of evidence.
Lieut.. Henry F. Buckley and Sergt.
Charles w. Wilson of the Pennsylvania
Railroad Company's police force were the
officers who participated in Saturdays
affair. They were interviewed in Balti-
| more yesterday by Sergt. Hartman, who
| heard a denial of the statement that one
of the young men who were arrested had
been shot. Lieut.. Buckley saw Capt.
Daley this morning and explained the
case to him. He told Of the arrests hav-
! ing been made, but denied that anybody
was shot. 1t is contended by witnesses
to the affair, however. as stated. that one
| of them was shot through the hand.
Police Interested.
l 0o1;o
the affair. as it involves a question: it is
declared. as grave as that of kidnapping
prisoners by officers from another juris-
diction, and the alleged unlawful use of
revolver upon public road.
warrant for KIDNAPPING was refused
the police today. but Assistant Corpora
ton Counsel Pugh gave Sergt Hartman
| a warrant charging Sergt. Charles w
| Wilson with discharging firearms upon
the public road. This will bring the mat
| ter to the attention of the courts. and
| the local authorities may then make an
effort to have the Maryland authorities
| review the action taken Saturday
According to the statement made by
Lieut.. Buckley of the railroad detective
force, Justice Carr heard the cases at
Hyattsvile and imposed the sentences.
William Weber, he said. was the name
given by one prisoner. He gave his age
as thirty years, his occupation as boiler
| maker, and his address as 1873 Woodyear
street, Baltimore. 1t is stated he Is the
man who is said to have been shot
through the hand, and it was he who was
given a sentence Of three months in the
house of correction.
Two other men gave their names as
Harry Mochrie and Frank Kaulbech. They
were sentenced to five months each. The
former gave his age as thirty-four years.
his occupation as that of a boilermaker
and his address as 95 Washington street |
N k9nlhacl no
seven years of age, boilermaker, and
that he came from Boston.
The fourth man who was arrested. the
lieutenant said, gave his name as Michael
kenney, his age as twenty-four years and |
his occupation as that of a hostler. His
home, he stated, Is at 15S Niagara street, |
Buffalo. Kenney was charged with inter-
ferfng with an OFFICER and was dismissed |
from custody, as stated
Will Have Facts Sifted.
Maj. Sylvester said this afternoon that
he Intended to have the matter thorough
ly sifted. Lieut.. Buckley told Capt. Daley
that he thought the arrest had been made
in Maryland and not in the District of
Columbia, admitting. however. that they
were made not far from the Deanwood
tower. The tower the police say is
more than one-half mile from the Mary
land line. Sergt. Hartman said today he
was told that Waterman Mclean, who
was looking after the new engine house
for the District. came near being shot.
During his talk with Sergt. Hartman to-
day Lieut.. Buckley said nothing about
calling the attention of the magistrate to
the alleged mistake, but did inquire what
the police intended to do.
Statement by Magistrate Carr.
Justice of~the Peace Arthur Carr was
asked this afternoon if he contemplated
taking any action as to the charge of
kidnapping, alleged against the railroad
men. He replied that three of the pris-
oners brought before him had pleaded
guilty to the charge of obstructng the
railroad and he had sent them to the
house Of correction. as stated The fourth
man, charged with interfering with Of
fcers in the discharge of their duty. was
held until this morning. when he was
given hearing before Justice Carr. After
the testimony had been given, the justice
decided 1t was not sufficient for him to
hold the prisoner for court, and he was
released.
Justice Carr said he had always eau
toned railroad and other officers that a
person arrested outside the jurisdiction
of his court should not be brought before
him. He supposed the four men brought
before him had been taken into custody in
the limits Of Prince George county.
ITO secure the release Of the men from
the house of correction" he said in con-
clusion. there are but two ways open-a
writ of habeas corpus or pardon by the
Governor of Maryland
He said the matter had passed out of
his hands and was beyond his recall.
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