New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-20

I'm sis e & s : ~ s sS .:I e. .s =.
Of dsfssdsn,s fssily bysor. ). moved rom S.cssS
ter {" Christian, and the isnsepc-s usdss vVS%
ci.y and were ...y: Q. N sss.iy via he -
rr.s+d o.: .ssoesions ...e .ith youns peop,s u.
sssocs.oDs and do know that be ey-r "a -.
70 do 80, HE family .'r. professors Of rsssa, sSz1s
we're, believe consciept.ously observed hy M 49,
rsiIoas trsin ns IN b. ednesisn 70 s.s ,s,..,s ss
cuiifu and p~ctfol in bis nature ana esd ~
s S n; 70 20 Tsa. . sss IL a
the principles ipeues;ed upon him there ~ ,~.ayh
destroy anything that under his fancy to,.S
that was yet nothing occurred eA4zss - ~
slficn.
der,nsenent Of mind among hs o. q, y
ls,srslsl A. He has sprans from very hss'thfa ~ ~
,seseS 10 them hesdi,ary bot an elder 80 s,ys
vhen abe reached the age Of seventy.hvs. Sss.ss
saS.eSasn,iy an elder brother S,~een % ssa Ss q.
Is In similar q G.,OS DO. bi. occurred ases 90 -
another uncle Of bis On mother. eso.hs' assy .ass
be Obliged 10 abandon business BY he sdyce <lsx1
unfit 10 DO business he dlse.sr coodsus 70 .ss. he
dominion over hi@ and When he ~.s seoai fry -,
necessary BE- made for him. h. had peculiar ss,sIss
would 60 the street. though bic every %
iorlorn snd destitute coudrou and bes and s,s.rs -, G
which in an hour. perhaps be would distribute psssss
O. What /. your age, A. | am ,-venty.ix
Cross examined BY Mr.: Noyes-The disease WI. Of s,u
gradually left him be grew older. until he wa Ten W.,
age when dsgpesr.S the earle. nsnfea,,Oa o. = .s
ever be cot quantity Of nails he would div ,ss ss
wsntonIy, found impossible 10 impress him with Sss
noI ,snn 10 ~ .Is hisa. which ana S ss n s
period during bis minority he altered my ksnivnS
IN the l.%ny bow and .,sss y1SSs, A
t. be would tell two different stories about the sane M !, G
ereDt pe'ops be va; kept Al school thias until N
was that he should study the law he instructed q.
academy Geneva the time Of Defendants boyhcci isi
four OF five children.
The evidence was hero closed for the dsy. spd "A.
Court adjourned TO meet at 10 O'Clock to-day when dsr
10 the resous scIuPes Of one OF the jury the Court s ~
SUPERIOR cOURT-rRIAL rsRs-Dsc u-Bsspr. I'D,
coLoREp PEOPLE CAN'T RIDE IN rRr WHITE clr
Jaues c. Pennington at, TIE Sixth Avenss Rafel Co
Mr.. Hatchns made the closing argument fJr he As
tense this morning. in the Of which he said ts
the Company were re,dy to put more colored cen %
the road If required and to open the doors Of Oh sd
cars in case the Jury rendered verdict sgsns
them in the The issue he stated TO be- sleths
under the circumstances Of the case, the Conpsny
were justified in ejecting the plaintiff His cCsss
we've not bound be thought to carry ali pe,ph b Il
cas- but az common carriers had q right 10 rexkt
their liability and say that part shall GO In one car NJ
part in another He ikenedthe case TO that Of coxl
st. Nicholas.
For the definition of colored people he referred 10 q,
Constitution the disabilities imposed by which upn
the colored people Of the State should be removed
he thought, before the Company were required 2 nals
a distinction of color. The number Of cars givnh
coored people was larger than that appropriated 10
white ones, 10 proportion to their numbers Y
A,to damages, II the Jury gave any, they shond h
slight.
H. I'D hat ha "a n md in
refusing any passenger sdmittance to any ear under
reasonable regulations, but that rule excluding ca.
ore people was unreasonable, and, therefore, Illegal
ard void. The company had quite as much right "a
lisns and another to Presbyterisus, or one ossyo
and another to merchants. The accommodates Was
not enough, considering that passengers 10 city car
must 10 almost at any momeet that the eIigencs Of
their business demand and that the railroad coupsas
possess a monopoly Of their respective ron'es
amounts to nothing more than an opportunity 10 20
once In half hour accidents excepted prov ded tie
coored car L. not full il often Is and with white peo.
pie too. As for what the front platform Afford, 10
worse than nothing, In such morning y nh tor To-
stance with north wind In the teeth Of those standing
there. With respect to the parallel with an ian kepa
which was drawn the other side Mr.. Phelps replied
that white man had no right under the common
Law, to seat at . certain table or bed in . or
"a . SssSSf and sssss hU. an.
The Constitution he thought 70 DO the picture u VI
prjudicss Of the time In which 1t was framed. Br
the people here were In advance Of its provisions
the people Of Connecticut and Ohio are IN sdvsn
their laws.
In closing Mr. Phelps went over the evidence con
Cernjrg the sssault and urged the Jury 10 proportion
the damages which they rendered, not TO the physics
injury hficted but TO the rsst offered by the assalt
he tn. ught the whole amount claimed ~ ,000 noss
90 much.
The counsel on both sides submitted number d
points in accordance with which they requested III
Judge TO instruct the Jury Tie Judge aoeeded to ID
Of those submitted by Mr. Hutchins for the defendant
which were a. follows:
The Defendants carriers have the right Pr.
scribe reasonable rules and regulation. IN the snsporeos
their r.o.d and b such rule. and .sshas.
to provide separate cars for Zach. =
II the defendants In their sction have made reasonable
rules and regulations for tho transportation Of eoored pcrssn
they hsvs discharged their duty common eass snd ss
not lisbh in this sciion.
The plaintiff bound sasr notice Of the saA ,es
lsons Of the Company have Quilted the nde Of the 81
and taken place hs iost platform or to have c
to
That the contract Of tho defendants As common c.nsu
with the community extended beyond the furnishing
for the special Of coored people, and the p
tsss Of law The dssndsn,s are entitled 70 ye
upon the ground s., there 20 evidence The. re p.,1 :.
place upon the platform Of any u the Others.
The points Of Mr.. Phelps we're - follows:
That the defendants common earn 70 Of psssssyr ss
bound TO admit into running upon their route 10 whs
may be ROOM any passenger who prpssnt hnssM ~
with the reasonable resusions Of the Company
merely upon around Of his cols1 from any thf
route In which there hm Il such ressonss
and void.
II the decline to secede to this propos0a Asa "
ssy that the quiry whether the regulation n questos
reasonable one, must BE- submittsd to the Jury.
The Court agreed with the fret and third Of the reQue eas
declined sceede the second. The Jury Thea 10
stIucted, - follows;
SLossoH, 1.-THE question 10 whether these defsndseu
a
transport their al who sppy for that psfl
s:s have s % Sns ID.
general rule or regulstion the coored people Asdsa
class from the privilege Of certain Of their whe
they appropriate especially their other Of The 49,
description and give them standing accommodates n " ~
cars, In other words whether these dsfeudAnts soooea
~ IN