Norwich bulletin., 1911-11-07
BOOKER WASHINGTON LOSES CASE
His Alleged Asssilant Acquitted, One of Three Judges Dissenting - Testimony That He Was Peeping Through Keyhoe and Addressed Woman as Sweetheart"

New York, Nov. 6.=Booker T. Washington. the negro educator, failed today to receive satisfaction at law for the beating which he received at the hands of Henry A. Ulrich. a white man, on Sunday evening. March f9 last Ulrfch was acquitted late today Washington made against him.
 Peepins Through a keyhole.
 After the fight, which started in- the vestibule of an apartment house where Ulrich lived, at II 1-2 West Sixty third street, Dr. Washington was laid up at the hospital for several days with his right ear torn, his scalp cut and his face badly bruised. Provoca ton. which the defense attempted to prove today, was based mainly on the testimony of Uirich. He declared that he found Dr. Washington peeping into the keyhole of his apartment, and also the one opposite. and that Dr. Washington struck the first blow: and Mrs Laura Alverez. with whom Ulrich boarded swore that when she passed Dr. Washington he said to her: Hello sweetheart.
 Denial by pr. Washington.
 Dr. Washingtons version of the af- fair related on the stand today was the same which he offered at the time of the altercation. He Swore he was not peeping into any keyhoIes, that he was only searching the tenants tIfrec- tory in an effort to find a family with which he understood a friend was stopping. and he denied positively that he spoke to Mrs. AIverez or to any other woman.
 AcquittaI Not Unanimous
 The acauittaI of Ulrich was not unanimous Justice O'keefe. who was one of the three judges who decided the case in the court of special ses- sions. dissenting from the opinion of Justices Moss and Zeller. After UI- rich left the court he was arrested again, charged with being q fugitive from justice in New Jersey An in dictment has been found against him in that state charging assertion of his wife
 Washington Declines to Comment
 Dr. Washington was asked if he had any comment to make on the outcome of the case.
 No not a vord,'' he replied.
 Testimony of UIrich.
 T first saw MT Washington peekfns through the keyhoIe of my door" UI- rich testified today. He saw me and left and walked toward Eighth avenue. saw him walking up and down the back, walked by the Revettes' apart rnent window and stopped to look be- heath the shade.
 T opened the vestibule door and burst in upon him and shouted: What are you doing here?' He struck me in the face and then we fought He asked me to let it drop. Dr. Wash ington said: I know I have done wrong. Let me go.' While we were fighting he struck his head against a fire hydrant"
 Did you have any stick or other weapon with which you hit Dr Wash ington?'
 No. sir. I used no stick"
 Testimony Of Mrs. AIverez
 Mrs. Alverez testified:
 When I went out on the night of March 19 to take out my little dog I found Dr. Washington crouching down In front of MT. Revette's apartment peeking through the keyhole. I came ,pon him so suddenly that he had no time to straighten up and I almost fell over him. He got up. Mustered. and hurried out.
 Later she saw Dr Washington near Broadway. she said, and @he followed me down to the house" went on Mrs. AlvereZ. T was frightened. 1 ran past him"
 What did Washington say to you?''
 He said Hello. sweetheart
 What did you do then ?"
 Saw Washington Strike UIrich.
 T ran into the house and told MT JlriCh. He then went into the hall and saw him talking to Washington. Mir Clrich asked him what he was doing and I saw Dr. Washington strike a t lim.'