New-York tribune., 1909-07-29
SENATOR STONE FREED
JUDGE UPHOLDS HIN.
Saus He Vas Justified in Slapping
Negro WGiter.
tRv TeIegrapb to The Tribune. ]

fBv Telegraph to The Trbune.1
Baltimore July 2S-Police Magistrate Eugene
Grammar rendered decision this AFTERNOON
which NAV cause Pullman porters and negro
walters generally no little concern 1t followed
the hearing Of United States Senator William
]. Stone. who was charged with sapping the
face of Lawrence 7. Brown. a Pullman waiter
because he had been disrespectfui to the Sen
ator.
The Senator admitted the slap and did not
attempt to explain his actions, but said ne was
incensed at the conduct of the porter Inc
Court agreed that, the provocation was just anu
decided that the Senator was justified In pun
;shing the negro. Magistrate Grammar said:
Senator Stone. I have travelled a great deal
IN nv time. I can fully appreciate the treat
ment that YOU received at the hands OF Brown,
who II has been shown. discourteous In
the extreme. feel that you had sufncleht
provocation and that you were absolutely justi-
fed in reprimanding and striking Brown
dismiss YOU"
Fhe crowd applaudcd until the magistrate
raped sharply with his gavel for order Seha-
tor Stone was surrounded by congratulaChs
friends among them being Murray Nandiver'
the Treasurer of Maryland. and others promi-
r~nt politically here. as he left the station. IN
which he srent an uncomfortable hour or two
last night
The hearing took place in the little courtroom
in the central station. which was packed 10
overfowing with representatives. OF ooth races
Senator Stone and his counsel took their places
in the ordinary prisoners dock when the case
was called. When the Senator arrived AT the
railroad station he was met by Colonel Arthur
Foster son-in-Iaw of United States Senator
Smith who acted as counsel. AS he stepped
from the taxicab which brought him from the
station he was greeted by Mr.. Van Diver who
is also chairman of the Democratic state Com
mittee. and escorted to the private apartment OF
Police Captain Henry.
When the case was called Colonel Charles H
Carter. counsel for the Pennsylvania Railroad
and the Pullman company said he had been IN
structed to withdraw the charge. the offence
having been committed on their property.
Turning to the negro the magistrate asked:
you are the compls nant. Do you want to
withdraw the charger"
WAITER REFUSES TO DROP CASE.
mo sir I do not" replied Brown emphati-
caHy.
VERY we'll: then state your case" ordered the
magistrate. In a dramatic manner the negro
proceeded to narrate his grievance He said, in
substance that the Senator had ordered eggs
and chops and that there were other orders
given him about the same time. BY mistake
the eggs, which ready before the chops
were served to another guest. As he returned to
the buffet the Senator accosted him. called him
a foul name and said he had mind to shoot
HIM placing his hand behind him as did So
Then the Senator slapped his face.
did you say anything?" asked the mag
istrate.
4 tried to beg his pardon" said Brown, but
he didn't give me n chance"
Brown. in testifying that Senator Stone used
abusive language to him. said Il shocked
at what he said; deed Then he struck
me right I'm my mouth" Brown told Of the af-
fair 10 the Pullman conductor
James Owens, negro the cook on the buffet
car. said there was some trouble over the serving
Of An order to the Senator. and that he heard
the latter threaten 10 shoot and kill the "black
dog" as Owens expressed IT, He added that
Brown had delivered the food intended for the
Senator TO some one else by mistake.
William B. Martin. the Pullman conductor.
testified that when informed Of what had oc-
CURED. he went after Senator Stone and said he
understood he mad struck man. whereupon the
Senator replied Il didn't strike. I slapped a
niger" The Senator then asked the conductor
what he was going do about II. Martin there
upon decided to have him arrested. and sent a
telegram to the Union Station at Baltimore.
IMMUNITY POINT RAISED
Colonel Foster here raised the point that
United States Senator could be arrested only on
three charges-tredSon, Felony and a breach OF
the peace. He centended that the assault did
not constitute breach of the peace unless others
than the principals were disturbed. Magistrate
Grammar said that. in his Judgment. any assault
or disturbance breach of the peace
Senator stone mere interrupted 10 say he ac-
Quesced in the decision although not certain
it correct. He had not had opportunity
to examine the law. The Senator then made
his statement.
He said he had ordered whiskev and n tum-
bier of water and received more water than
whiskey. When he repeated his order he re-
ceived a tumbler with ice, but water Mean
while he had also ordered eggs and chops and
saw others receiving attention. while he
ignored. Then he went after the porter, and
when he demonstrated the man became insolent.
He admitted the epithet 5 charged and then
slapping the walters face.
When the Senator finished his story Magis-
trate Grammar made the remarks quoted above.
He added that he had often been tempted re-
sent the onensiveness of the Pullman porters.
Asked as he leaving the courtroom
whether he intended to take action against the
railroad the Pullman Company Senator Stone
said that he did not and would drop the matter.