The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-07-29

Baltimore July 2S.-When waiter on
a diner or buffet car passing through
Maryland fails 10 serve n guest promptly
and is not respectful when complaint is
made. the provocatlon Justiaes an as
sault.
! This decision was rendered here this
afternoon by Justice Grammar, when
/ United States Senator William j. Stone, Of
Missouri, had hearing on the charge OF
Shaping the face OF Lawrence Brown.
| a Pullman porter, while en- route from
/ Philadelphia to Baltimore.
The Senator was met al the depot to-
day by Col. Arthur Foster. United States
! Senator Smiths son-in-law. There was a
crowd within as well as without the po-
lice station. and among those who had
/ assembled 10 receive the Senator were
| Chairman Vandiver. OF the Democratic
State committee; Chairman Hannibal OF
the city committee, and other prominent
/ Democratic politicians. Senator Stone was
given an easy chair in the captains Of
fee. until his case was called.
The complainant. coal black negro
wearing spectacles, and his witnesses.
were opposite.
Col Charles II. Carter. counsel for the
Pennsylvania Railroad. stated at the out
set that the railroad and the Pullman
Company desired the case withdrawn.
The alleged assault occurred on our
property. and we do not care 10 have
the charge pressed" he said.
Negro Presses Charge.
Turning 10 the negro. the magistrate
asked: You are the complainant. do
you want 70 withdraw the charger"
NO sir. DO not" replied Brown very
emphatically.
VERY well, state your case ordered
the justice.
In a dramatic manner the negro pro-
ceeded to narrate his grievance. He said
in substance that the Senator had or
dered eggs and chops and that there
were other orders given him about the
same time. BY mistake the eggs. which
were ready before the chops. had been
served another guest As he returned 70
the buffet the Senator accosted him and
cursed him, not once, but twice, and said
he had a mind 10 shoot him. placing his
hand behind him as he did so. Then he
slapped his face.
did you say anything" asked the
magistrate.
I tried to beg his pardon" said
Brown. but he didn't give me a chance.
He declared he would have me dis
charged"
James Owens. the colored man in
charge OF the buffet, corroborated this
statement
Conductor w. J. Martin testified that
when informed Of what had occurred. he
went after Senator Stone. and said he
had understood he had struck a man.
Hereupon the Senator replied: Il did
not strike a man: I slapped a niger"
Senator Asked for Statement.
Turning to the Senator, the magistrate
asked whether he desired 20 make a
statement in reply he referred 70 his
counsel, Col Foster, who raised the
point that a Senator could be arrested
on only three charges-treason. felony,
and a breach OF the peace. He contended
that the assault did not constitute a
breach OF the peace unless others than
the principals were disturbed.
Justice Grammar said he had given this
matter thought. but in his judgment any
assault or disturbance was a breach Of
the peace.
Senator Stone here interrupted to say
he acquiesced in the decision. although
not certain that Il was correct He had
not had an opportunity TO examine the
law.
Tells Of Episode.
Senator Stone then made a short state
ment He told Of asking several times
for service. and finally after waiting
twenty minutes spoke sharply to the
negro. He said the negro replied in in
sulting tones and that he just reached
over and slapped him and left that part
Of the car
"A fresh young persons who introduced
himself as the Pullman conductor hap
pened along in a little while, and asked
what I meant by creating trouble" said
Senator Stone
That made me :nadder still, and
told him a few things. re said he'd
show me- When the train got 10 Balti-
more two special officers came up 10 my
seat, accompanied by the niger Inc
'mgger formally identified me. and I
was placed under arrest That's the
whole story"
Justice Grammar was not slow in rem
derlng a decision, tand the Senator was
heartily congratulated as he passed out