The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-14

SECOND DAY-sATURDAY.
TFrom tina Bosfon Mail Nav a

IRON the Boston Mail, May 81
Ats O'CLOCK the interesting OF Sarah p Remondy
complaining against Henry Palmer and g. p. Philorsk,
Officer Oliver sworn-I am stationed ct the EDWARD BY
party Wednesday last Knsi dropped his hsa1
when he saw me; then observed that women
closely yeiied when they came down they TALKING
Officer Marsh sworn-hy place is the west side q
the house e%emos. seeing this party told them they
way Mrs Remond sad she would stand there: NJ Phii-
brick said they must &C. and afterwards pushed thsnR
Chauncey Peck, sworn-Am ticket taksr at the HowS
ard Mr. Palmer said this party could b sdnitted;
OUT and then that the ladies vsiled the
ladies said they would not go out Philbrck saIsds
no violence was used the passage way 70 about nve or
all the seats, except gallery have besn sist taksr
81 the fremont Theatre and the fremont Temple FOR the
the o BOSTON S snS above seven {sar one sSs =
people never admitted the usual entrance;
let in any, to my knowledge Mrs. Remond bad "a
brick twelve years, he is fine man.
Officer Boardman, sworn-Am part Of my time sta.
Old Trement went to ordways last October there y
gallery for colored persons there; never knew An
William Baker sworn-Am doorkeepsr at the Howard:
been there about years. this opera company have ths
to be in Mr. WIZARDS Office heard noise and dispusns
voices; came across the lobby; saw this lady (nrs Re-
mond) much excited heard Mr.. Palmer a.y, here .
Mrs Remond said she would stay there, and NOT 80 In
the gallery; Phbrck said they must 60; Any yiesnse
To M Bradley-Know Mr. Philbrick very well; ehAras.
ter good liked very much at the house.
To Mr.. Cook-when Alboni's company were here, had
my usual place at the door certain eelorsd peo.
pie were admitted ct tho general entrance. 49,.
Mons Wheshe sworn-Have travelled - ushsr with
companies for the last eight years. my place last
Wednesday night in the second circle The right Of
the entrance the box where the seats b $50 and 63I
in front occupied that night by two ladies and
three gentlemen If these coored people had reached ha
second circle should not have given them seats because
Mons. Munroe-Am chief. usher at the opera; it Ia
lways usual to have separate place for celored people,
turbances this regulation being svaded
ton was called to this dicuty but was very busy Al
lored persons behaved quietly
John DonAhoe sworn-was going in through tho lobby
at the time This witness testified to the effect as
officer March and Chsuncey Peck.
Moses Kmball swvrn-Has been ten years manager;
have no rule about where people 81. at the Boston Ma.
depend upon laborng people sell tickets 70 al without
any disDction they msbehave should have put thens
guaton to order for my PATRONS think likely
should sell ticket to any person that asked for it.
to be accompanied by gentleman but not now ahoud
object 10 known prostitutes and filthy people should
the consequence after wards remember difficulty
about cocred people at the old Museuml; would put and
persons out whs disturbed the audience 10 they blad
To Mr. Bradley-Have known Mr.. Phlbrick long time
he is a very mild, affable, and courteous officer.
Wayne ulwyns svornIHave been actor o. m sa,g9
people the positions explained by the oaher expert
also given by this gentleman with remarkable cea4
ness and proprety but Iepetions not pleasing In
print the compisnants council appeared, no wever
to be much annoyed by the concise and soPrehensiv0
10 Mr. Davis-Have had business in Boston since tbe
Goth Of September last; would not sell ticket to
so0Isd except to MT part rsr ns
Mt. Dsvis-Just examine these people. Pointing "a
r1a svto ND har ida
Wtness-i have no obje :ton but xish 10 suggest to
you that such conduct might be indicate towards the
ladies.
Davis-Well, then, the gentlemen
Witness-( Turning towards Mr.. Knell)-I call him Z
colored person.
Witness-I judge by the outlines and features Of the
Davis-Any other meanss
Witness-when many of these persons are assembled,
they can generally be told BY the smell
Davis-Have you any colored blood IN your
Here the joint counsel for the defendants arose and
claimed the protection Of the Court for the witness
Judge Russell remarked that the gentleman the
stand seemed very well able to take care Of himself
Dayis-Well, then, did you ever hear Of asy person
being appointed to examine individuals under such cir
witnsse-No nor do think that any person would
have thought OF such an ab.urdity but yourself.
Davs-1hat will do, sir You can CO.
Fancis Sims swornAssists in the sale Of tickets as
the Opera in Mr. wades sore family circle
pIomscuously with whites.
Mr.. Eaton, Deputy Chief Of POlics-.ofhcsrs ap.
pointed by the Mayor and aldermen; have known Mr..
Pkbrck xix or seven years. believe oolorsd people have
separate place. never saw any In hrst sr second TIERS
The hs r.Se s
menu the three selected good and oompstent mon;
their duty is to obey Mr. Wizards orders
Mr. Howard the hairdresser, and Mr.. Watkins, en-.
the anxious SEATS with this difference however, that A
@ {.
eat among the white felix's five times ct the Howard
discussion here arose as 70 the degree Of
made by Mr.. Knell during his examination Friday,
when speaking Of the tickets now in pessss,a q the
complainant The Court ordered Mr. Knen to retire Whll
this was going on. When lie returned, his statemsns1
agreed With the notes which took Of his rs state.
ments.
Counsellor Norris sworn-Have been six times 10 thu
Howard three time in the parquee and three times in
the family circle first Vine went had god time;
saw some children Dance ticket said how d,ye a.
Mr.. NORTH, next time saw woman dance with hand.
some legs: had another good time; got right down in
front OF her. forgot the next three tlmes last time
went with SOC Of Francis Jackson to Miss Davenport
To Mr. Cook-Has heard that color ed persons s IN tn
gallery there are distinctions among ooorsd people q
Mr.. Cook claimed a discharge for his client Hs
Honor replied that the mony having traced the sourc
Of the order for eectment TO Mr. Palmer the investss
declared closed. Mr. Cook took yerv ahls and ~
did review Of the testimony but protested that his oen
was no. concerned charge for assault NJ Brad.
ley made very spirited address In behalf Of Mr. PhiI.
brick which puts the city Of Boston in rather trht
place Mr. Davis launched out among such . sea Of quo
taons and references collateral and Contingent that An
adjournment until Wednesday next ordered by ~
Court. Tie case excites much interest.
THIRD DAY.
On the 18th nst after hearing the argument Of eouns
sci on both sides, Justice Russell delivered writtsl
opinion which occupied twenty minutes in its delivery.
He decided the upon the fact that The ADVERTISE
ments Of Mr. Willard excluded colored persons from ~
Howard theatre The advertisements Of the opera said
nothing in relation to this matter and they did not,
the cocred population justified In supposng they
would be admitted In regard to the amount Of force
used by the officer in ejecting Miss Rsnond and her
repds the Justice remarked that the weight Of evidence
in favor Of the defendants The Court then decided
that both the defst dans were guilty Of assault AZ
targed in the complaint
Henry Palmer fined 81 and COSTS (making upwards
Of thirty dolars) and p Philbrck 81 without COSTS
hch decision both defendants appealed and rave
all in 5000 each to prosecute their appeal In the higher
ourt whereupon the parties and their friends together
with the spec ators, left the court room.