The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-29
LAWYER ARRESTED
BY COND UCTO R
Refused to Return to Platform to
Drop Ticket in Chopper, and
Then Endeavored to Break
Through Door When
Locked In by
Crew.

the contemplation OF the law, and that
n ticket is valid contract between Il
passenger and a public service carrier,
| attorneys for the defense of ID. Z.
IO'Flaherty, arrested by street car men
on charge of disorderly conduct on
a street car, made powerful arguments
before Justice Crutchheld yesterday
afternoon, asserting that their client
had been illegally arrested and that
he had legal redress
| According to his own and the tcsti-
mony OF other witnesses Mr. oFla-
herty boarded Broad and Main car
of the Virginia Railway and Power
Company at s:l5 o'clock Monday night
at Ninth and Main Streets There was
no direct proof that he did not drop Il
ticket In the till provided by the com
nany for that purpose at the door Of
| entrance. Mr. O'Flaherty was under
the impression that he had paid his
fare. Continuing. the evidence was to
the effect that after the car had pro-
cecded several squares. the conductor.
w. S. Walden, entered the car and told
Mr.. O'Flaherty that lie had not paid his
fare.
| offered Conductor Pny.
We'll. If haven't" replied Mr.. oFla-
Eerty. here is u ticket Won't you
drop 1t in for me?"
| Conductor Walden refused. Five
| times he returned and asked for the
fare. and as many times Mr.. O'F1aherty
offered his ticket In payment. And
always the conductor refused. because
1t was against the rules of the COM
pany for "a conductor to place tickets
or coin in the till.
At Allen Avenue. II was stated, the
passenger rang the bell for his stop.
1 The conductor pulled the cord for three
rings. and the car shaved down. Then.
according to Mr.. o'Flsherty. the mo-
torman entered by one door and the
conductor by another. locking tho doors
behind them. Again they demanded
the ticket, and again the lawyer offered
payment. He attempted TO get out,
and broke or sprung a spring to the
door. But he was taken to tho Reser-
voir barns, and there the patrol wagon
was called. and he was placed In the
custody of police officers. Magistrate
Purdie bailed him. and he rode part
of the distance homo In the patrol
automobile.
Several witnesses were heard by
Justice Crutchfeld. A. ]. Welsh. pay
master of the street railway company,
was seated Immediately In the rear OF
the lawyer. He stated that the argu-
inent between the passenger and the
conductor was subdued and conducted
| In quiet tones. 1t was not testified
that MIR. O'Flaherty was disorderly. 1t
was testified, however, and also admit
ted by him, that when he found himself
locked within the car he attempted to
break out.
! Put Under Arrest.
court by his law partner. Minetree
Fulton; Kirk Mathews, w. NJ. Justis
and Julien Gum, all of whom took part
in the conducting of the defense.
Attorney A. B. Guigon appeared for
the complaining company. Captain
Guigcn argued in the morning for
conviction of the defendant. citing au-
thorities for his plea. Court was adj
journed for the noon hour. and the
hearing was resumed ut 1 o'clock. The
attorney for the company did not re-
turn.
During the taking of the testimony
Conductor Walden asserted that Mr..
| O'Fiaherty mad said 70 him that he
would not be arrested by a low down
street car conductor.
did you arrest him." queried one
| of the lawyers.
(. Sure"
Did no tell you who he VASE"
Yes. He said that he was Mr.. OFIa-
herty. from Fulton"
Mr.. OFlaherty is. partner in the
law firm of O'Flaherty & Fulton.
Mr.. Mathews opened for the defense
In the afternoon. Numerous and
heavy-looklng legal documents lay be-
fore him. The client sat in the rear,
hut took no part In the case except
now and then to offer a few suggestions
and reminders of the facts us he mad
detailed them.
No violation of Inv.
Mr.. Mathews stated that q violation
of the rules of the company in ques-
ton, or of any corporation. created a
misdemeanor which is not contemplated
| in law. Flo said that q simple refusal
10 obey such Il rule promulgated is not
| an ofFense. and does not make the
/ party alleged to be an offender n pub
l lie malefactor. A simple charge or
disorderly conduct had been preferred
against Mr.. O'Flaherty. and Mr.. Math-
ews declared that the question to be
decided by the court was whether his
client was in fact d:sorderiy, as
charged. Other allegations had been
made against tho lawyer from the
stand, and Mr.. Mathews stated that
he had never hoard of sober man
being arrested on street car.
They're always drunk" he declared
vehemently.
| AFTER the illegal arrest. as 1 say it
| was. Mr.. O'Flaherty," continued tho
lawyer. chad a right 20 break out. and
he would have been within his own
(, rights If he had smashed tho car into
smithereens. The evidence was not
that he was dlsorderly. but that he was
Il auIet and subdued He merely re-
fused to walk back and stuff a ticket
In tho box. There Is no evidence that
he was disorderiy prior to his arrest;
and his actions after he had been
/ placed under arrest and locked Within
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