The Birmingham age-herald., 1908-03-28

Washington, March 27-ln a desperate affray on a Pennsylvania avenue car to- night a negro and white man were shot by Congressman Thomas J.. Hefin of Ala bama. Thomas Lumby, the negro, was shot in the head and is in a critical con diticn, and Thomas McCreary, a New 1 York horse trainer. is suffering from d wound in the leg. The shooting of Me- Creary was accidental. MT Heflin was arrested and taken to the Sixth Police 1 Precinct station, where the charge of as sault with intent to kill was placed against him. Later he was released on s5O0O bail.
 The shooting occurred shortly after [ O clock as the car reached the corner of Pennsylvania avenue and Sixth street, bound for Capitol Hill. M
 Congressman Hef1in, accompanied by Congressman Edwin J. Ellerbe of South Carolina, had boarded the car at Twelfth street and Pennsylvania avenue, MT. Hef1in being on his way to deliver tenn perance lecture at the Metropolitan Meth odst Episcopal church, at Four aHd-a- Half street and John Marshall Place. Upon boarding the car he observed two negro passengers, one of whom was Thomas Lumby who was in the act or taking a drink from a bottle of whisky. There was number of other passengers. including several ladies. MT. Hefiin says he remonstrated with Lumby and asked him to stop drinking, saying:
 Renonstrance Resented.
 Don't take that drink there are ladies here and it is not right. It is against the law for you to do this thing in street car and 1 hope you will put that bottle away"
 The other negro, who was sober, att tempted to take the bottle away from his friend, but failed.
 It is said that Lumby became offended at Mir Hefiln's remonstrances and apg piled vile epthets. As the car reached. Sixth street and Pennsylvania avenue, MT Hefin and Lumby were engaged in des- perate struggle. MT. Hefiin, who is large, powerful man, succeeded in throw ing Lumby off the car as it came to stop Most of the occupants of the car hastily alighted, including MT. and Mrs. McCreary
 The negro fell to the ground on being pushed off the car. He rose and, 1t is said, regan cursing Mr. Eefin again and made a motion for his hip pocket as if to draw q weapon, whereupon MT. Hefiin fired az him through the car window, missing the negro and hitting Thomas McCfeary, -yno was about 20 feet from the car. M He fin fired once or twice aSaln, one )l the shots striking Lumby in the head above the ear.
 Lumby ran a short distance and fell An ambulance was called and he was taken to ne Emergency hospital. The conductor of the car disappeared and Officer George N. Scriven look charge ot the car and ran 1t to Third and Penn sylvania avenue.
 Taken To Police Station.
 There Representative Hefiin was escort ed by Officer Scrven to the Capitol hotel and was later taken to the police station in a cab. He was not locked up. MT. McCreary's wound is not serious and after treatment at hospital he returned to his apartments. At the Emergency hospital it was said Lumby, though bad ly wounded and unconscious, has chance to recover. His skull was frac- tured, but the surgeons were unable to ascertain tonight whether the bullet had entered the head.
 MT Heflin explained at the station his reasons for going armed. He is the au- thor Of Jim Crow car law in the District of Columbia and says that since he introduced the measure he has re- csived many letters of threatening char stter and secured permission from tho authorities to go armed.
 Mir. Hefin represents the Fifth Alabama district, in which the Tuskegee institute | of which Booker T. Washington Is at the fead is located.