New-York tribune., 1911-03-22
WASHINGTON MOD|F|ES
CHARGES OF ASSAULT
Man Who Attacked Educator To
Be Tried in Special Sessions
-WaiVes Examination.
SPECTATORS DISAPPOINTED
Negroes and Whites Excluded by
Court as Case Is Rushed
Through Complainant
in Bandages.

When tho formal complaint of Booker T.
Washington against Henry a. Tlrich, the
dog fancier he accused of assaulting him on
SUNDAY night. was finally drawn up and
sworn to Yesterday afternoon u charged
only 2 misdemesnor. The or ginal aCcusa-
tion Of felony was withdrawn. and 10 the
substituted charge Of simple assault the de-
fendant. through his attorney. pleaded not
cuiltv when his case was called IN the West
side court at 2:4O o'clock. Examination was
waived I'm his behalf. and he was held by
MAGISTRATE Cornell IN 500 bail for trial at
Special Sessions.
Almost on the stroke Of the hour pr.
Washington appeared in the doorway. hat
IN hand his head covered with a small
black skull cap. from underneath which a
mass Of bandages buleed down over his
right ear. He was stopped for moment
nv 2 rush Of friends TO greet him and con-
graduate him ON his being out. then ne
moved slowly down 10 the inclosure. smll-
ing AZ familiar faces here and there IN the
crowd which had not yet been dispersed
passed through the wire door and dlSap-
reared into the magistrates private room
until the calling Of his case brought n'"
forth again When he did reappear II was
behind the magistrates bench. n" iaueu''
heartily when his mistake was made known
10 him. and descended 70 the floor in 'front.'
Curious Crowd Courtroom.
Long before o O'Clock. the time at which
the hearing was scheduled 10 begin yester-
CAV afternoon. large crowd began ~
stream in the direction Of tho courtroom.
The greater part were negroes, hut there
vas goodlv sprinklinG of whites some Of
them prominent in city and national al
fairs. Those who attended were greatly
disappointed when. to preserve the dignity
Of the court that was getting hit ruiHed
hv the unusual noise the magistrate or
dered the room cleared If all not connected
with cases called for the afternoon.
Their disappointment. however. MAS
short lived Hardly had they coneregated
into knots which Choked the stairs ana
corridors. than the word came 10 them that
they had missed practically nothing. IN
fact. the whole performance lasted such a
short time that those who We're allowed 1s
remain were unable 10 grasp at first Just
what had happened The clerk read the
brief complaint. the lawyer for the defend
ant waived examination. and the magistrate
announced the bail That was an.
Counsel for both the plaintiff and tho de-
fendant seemed 10 thinh that was enough.
The sudden termination of the hearing Was
the result of an agreement between them
reached during the drawing mp of The com
ilaint To This Assistant District Attorney
James r.. smith assented. holding it 10 be
for tho hest interests If all concerned
Whether he would or would not press thc
charge Dr Washington would not tell last
eight He did not at that time see any
reason himself why he should not press tie
cLarsc he said, but he had not consulted
with his lawyer since coming from court
His LAWYER Wilford H. smith, was uncom-
uuaicative ON that point also.
II things had been allowed 90 20 on iI
;lc usual Kramer yesterday afternoon there
richt nave been quite a lively time in the
courtroom for awhile. Besides Dr Wash
ucton'- counsel there were TWO lawyers on
hand for tho defendant. as on TIE previous
da, james T. Moore. whom friends Of II
ilcn had engaged. ana William j. Gibson
who had volunteered his services out Of sen
timcnt
Witnesses for and Against.
There were numbers i'm the audience who
were eager To- testify for Washington, and
there were five at least according to coUn-
sci for the defendant, inst as anxious ~
testify against him. There would have been
another Of these latter. Mr.. Moore said. u
he could have been found Mr Noore's
men were busy mn the morning looking for
the chauffeur who was said 10 have wit
messed the encounter on the sidewalk, but
they finally returned without him.
There IS one witness about to come into
the case. however, whom Mir. Noore'e mon
didn't look for She halls from Orange
y T.. and she SAYS she is going 10 protect
her interests in the case OF the assault on
Booker Washington Her interests are bv
no means Insignificant, either. f. what she
saws is true For She claims Tho defendant
as her husband
The woman I'm question is known I'm orange
ss Mrs Mary j Ilrich. OF No. set High
street r was said that ON February =
Mrs 1-lrich appealed 10 the Chidron's Aid
Society. asserting that her husband had dc
serted her about year ago. Slo has two
children. both girls. ono ten aud ono tVo
wears of age. and f. was asserted that ho'
husband was paving her q week besides
the rent ~ her home. under orders from
tho Court or Domestic Relations. Whor
Nj Moore learned tba' another Ms. Tlricr
claimed his client as her husband. he was
much ncensed.
Il heard nothing about this until atter
everything was over this afternoon h'
said last night II Immediately questioned
my client a. 10 the Truth Of the rumor. anC
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