The Montgomery advertiser., 1908-03-28
White Horse Trainer Also is Wounded. NEGRO WAS DRINKING;
 NSULTED CONGRESSMAN
  Representative is Arrested and
 Makes Bond. Owing to His "Jlm Crow" Bm He Had Received Permission to Carry a wespon--The Segre
 May Die.


 Washington. March 27--In a des- perate affray on Pennsylvania Ave- nue car tonight negro and a white man were shot by Congressman Thomas J. Heflin of Alabama Thomas Lua- by. the negro. was shot in the head and Is In critical condition, and Thomas Mccreary New York horse trainer. is suffering from wound in the les.
 The shooting of Mir. Mccreary was accidental MT. Heflin was arrested and taken to the Sixth police precinct station. where the charge of assault with intent to kill was placed against him. Later he was released on ss.OOO bail
 The shooting occurred shortly after o'clock as the car reached the corr ner of Pennsylvania Avenue and sixth street. bound for Capitol Hill.
 Congressman Heflin. accompanied by Congressman Edwin j. Eilsrbe. or South Carolina, had boarded the car at 12th Street and Pennsylvania Ave nue. MT. Heflin being on his way to deliver a temperance lecture at the Metropolitan Methodist Episcopal Church at Four and 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 of taking drink from bottle of whiskey. There was number Of other passengers. including several ladies on the car Mir. Hefin says he remonstrated with Lumby and asked him to stop drinking. saying.  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 a street car and hope you will put that bottle away"
 The other negro, who was sober. at" tempted to take the bottle away from his friend. but failed It is said that Lumby became offended at Mir. HerIin's r.mon.tranoss and applied vii. epithets.
 Threw Negro off Car.
 As the car reached sixth Street and Pennsylvania Avenue. Mir. Heflin and Lumby were engaged in a desperate struggle. MT. Heflin. who is a large. powerful man. succeeded in throwing Lumby off the car as it came to a stop. Most of the occupants Of the car hastily alighted including Mir. and Mrs. Creary. The negro fell to the ground on being pushed off the car He rose and 1t is said. began cursins Mir. Heflin again and made a motion for his hip pocket as if to draw a weapon. whereupon MT. Heflin fired at him through the car window, missing the negro and hitting Thomas Mc- Creary who was about twenty feet from the car. Mir. Heflin tired once or twice again, one of the shots strik- ing Lumby in the head above the ear Lumby ran short distance and fell An ambulance was called and ho was taken to the emergency hospital.
 The conductor of the car disappeared and officer George N. Scriven took charge of the ear and run 1t to Third and Pennsylvania Avenue. There Representative Heflin was escorted by Officer Scriven 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 a hospital he returned to his apartments.
 At the emergency hospital 1t was said Lumby, though badly wounded and unconscious has a chance to re- cover. His skull was fractured but the surgeons were unable to ascertain tonight whether the bullet had entered the head.
 Had Right to Go Armed.
 MT. Heflin explained at the station his reason for going armed He is author of "Jim Crow" car law in the District of Columbia and says that since he introduced the measure he has received many letters of threatening character and secured permission from the authorities to so armed.
 &y. Heflin represents the Fifth Ala