Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-29
SAYS STONE DID RIGHT
Magistrate Justifies Senator
in Striking Negro Waiter.
DISMISSES ASSAULT CASE
Says He Has Had Experience With
Pullman Porters Himself.
SENATORS MAY BE ARRESTED
Liable Like Any One Else. Justice
Grammar Declares, and Missou-
rian Agrees With Him.
DISMISSES ASSAULT CASE
SENATORS MAY BE ARRESTED

| II have Travelled a great deal in my
| time over nearly all the railroads.&c.
/ the coaches and in the parlor and Pull
man cars. I can fully appreciate the
, treatment that you received at the
hands of Brown, who. is has been
| shown. has been discourteous in the
| extreme. At times the service on The
Pullman cars by walters and porters is
extremely unsatisfactory. l feel that
you had sufficient provocation and that
you were absolutely justified in repri-
handing and striking Brown. I dismiss
| the case"
| In these words Justice Grammar, in
| the central police station. Baltimore,
yesterday afternoon disposed of the
charge of assault preferred against
Senator William Joel Stone of Missouri
by Lawrence G. Brown. negro Pull
man car walter on the Pennsylvania
| having slapped the negro in the face
when the waiter became impudent
night before last while the senator was
J on his way from Philadelphia to this
city.
Mr. Stone was arrested that same
night when the train reached Balti-
more, but released without bail after
he had promised to return yesterday
and stand trial. He left here at noon
yesterday for that purpose, and the
case was heard at :; pm.
! Another decision which Justice Grammar
| rendered was that Senator Stone was not
| immune from arrest. Col. Arthur d.
Foster, son-in-law of United States Sen
ator John Walter Smith, who was counsel
for the senator. tried to have the case
| dismissed. after the testimony Of the
| negro had been taken, on the ground
| that Senator Stone could not be punished
| by the magistrate.
Was a Breach of the Peace.
There is no immunity for any one"
| said the magistrate, when he commits
misdemeanor. Section G. article I, OF the
| Constitution OF the United States says
| that senators and representatives shall in
| all cases, except treason, felony and
breach of peace. be exempt from arrest
during their attendance at the session Of
| their respective bodies and in going to
| and returning from the same. That's the
| law, and an assault is a breach of the
peace.
l. The case was then continued.
| An effort was made to show that the
| assault occurred in Delaware and that
| Justice Grammar had no Jurisdiction in
| the case; but he overruled this point by
| showing that the criminal court of Balti-
| more and it's magistrates act fully in
their power when they try cases of viola
any other vehicle coming into the city.
| Neither the Pennsylvania Railroad Com
pany nof the Pullman company, which
were represented by Col. Charles H. Car
ter, desired to prosecute the case against
the United States senator. Mr.. Carter
after the case had been called, asked that
the charge be withdrawn: but the negro
stepped forward and demanded that the
case be heard.
Justice Grammar arrived at the sta
ton shortly before 5 o'clock, accom-
panied by Mr.. Murray Vandiver, chair
man of the democratic state central
committee. A large crowd had gath
cred, and many prominent politicians
, were present. There were also num-
Der of women. When the case was
called all of the crowd could not enter
the courtroom.
Wearing blue serge suit. black tic
and panama hat, Senator Stone reached
the station. accompanied by Col. Foster
and Messrs. II. J. Haskell and Freder-
ick Steckman, newspaper men of thi;
city, in taxicab, having arrived at
Union station a short time before.
He walked up to the desk, where he
was kept Tuesday night for over an
hour waiting to hear from Senator Isl
dor Rayner and other friends whom he
tried to reach in order that he might
be released. His release was finally or
dered by Police Commissioner j. B. A.
Wheltle.
Senator Stone announced his identity
when he reached the station yesterday
to Capt. Henry and Lieut.. Fullem. and
he went to the captains room for /
few minutes rest, where he used the
telephone to talk to Washington. He
was greeted by Mr.. Vandiver and sew
eral other friends who were waiting al
the station. and then he was taken TO
the courtroom. where Justice Grammar
was waiting to try his case.
Your name is William J. Stone?"
queried the magistrate.
Yes, sir" he replied.
Wanted Charge Withdrawn.
You are charged with assaulting
Lawrence G. Brown, a negro porter"
continued the magistrate. do you want
your case tried here or in court?"
Col. Foster then interposed that he
fore the magistrate. When he made
| this announcement MIR. Carter. repre-
senting the Pennsylvania Railroad
Company and the Pullman company,
made the following statement:
Neither the Pennsylvania railroad
nor the Pullman company. which en-
| ploy Brown, wishes to prosecute the
case against Senator Stone ] am repre-
senting them as their counsel. and
hope the court will let the case drop.
Where is the complaint" asked the
ma gistrate.
Brown then stepped up to the railing
i before the ma gistrate. He is a heavy-set
negro with yellow skin.
| DO you want TO prosecute this case
against Senator Stone?" asked the magis-
trate.
II dol insist upon his being tried
said Brown.
Justice Grammar then proceeded with the
| testimony. Senator Stone stood in the
prisoners dock with his counsel.
James Burke, the Pennsylvania railroad
policeman, who arrested Senator Stone
testified that he had received Instructions
from the station master at Union station
! to arrest a man on one of the Pullman
cars on the train which arrived there at
7:25 from Philadelphia. He said Senator
Stone was pointed out to him by the
| Pullman conductor. James Owens.
William G.. Lawrence, a cook on the
| train. testified that the senator had words
with Brown over the delivery OF some
| food He said he saw the senator slap
the negro waiter. following it with a
threat to shoot the 'black dog as Law
| renee expressed 1t.
| Lawrence delivered his testimony with
| naughty manner.
Waiter Was Shocked.
Brown was then called and told of how
the senator shocked him by awful Ian
guage."
| Senator Stone ordered some boiled eggs
and chops from me- he said, when the
train left Philadelphia. I had several
other customers and could not serve him
when he wanted them. l made mistake
at one time in his order. l had it cooked