The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-11
LEGAL INTELLIGENCE.
A CHARGE OF BURGLARY.

Court of Quarter SessiOns-Aliison, p. j.
Prison cases are still betore the Court John
Kelley the prosecutor, keeps lager heer saloon at
No. 1923 Ridge avenue. On the day preceding the
walking through and about the saloon several times,
apparently with no object, as he bought nothing.
front part of the place into the back yard raised
window, and went out again. Hiley had told him
about six weeks previous not to enter his house.
On the night of September 3D. the night before the
burglary, Hilley closed his house, and about twelve
O'Clock went to bed. About five o'clocS nexCmorn.
ing he went TO his barrOom. and discovered that II
had been entered. He missed about 800 cigars, from
IA to II gallons o. liquor and number of glasses.
young men standing several squares from Hilleys
pace about two O'Clock in the morning. They
| Others
| presented no evidence whatever against this de-
| iendant. Moreover they alleged an aibi, and pIo
| duced testimony 10 sustain the allegation.
A lady living IN the neighborhood where McGown
| resided, saw him on his Way home about O'Clock
| OF the morning in question. A young man was in
| public house with McGown until about O'Clock in
| the morning, when they separated, McGown saying
that he was going home. Testimony as to good
character was also given, going to prove that prior
the preference OF this charge his reputation had
| been very good, and tnat he had always earned an
honest living, beng bv trade butcher The jury
rendered a verdict of not guilty, and McGown was
United states Circuit Court-Judge Cad.
| waladeI.-GIuDb vs. Knotwel. An action to re-
| cover as tenant ID common his share OF the pro-
duce of an lron ore bank in Lancaster county. On
| uIal.
| District Court Judge Stroud. Jacob Buck
| ley, and Chrisuana Buckley vs. Jacob Kraft. An
action to recover damages for injuries received by
Christiana Buckley in beng run over by the bread
wagon OF defendant. Mrs. Buckley was crossing
| down and over by defendants waPon, being in
jured so severely that she was confined to her room
| tor a very long time. On trial.
| The Rights of COlOred People In Rail-
way Cars.
| Court OF Common Pleas-Judge PIERCE
The veXed question as 20 the rights OF coored peo
judicial investigation yesterday in the Court OF
| Common Pleas.
hrs. Mary L. Miles, an intelligent and respecta.
| ble-l0oking colored woman, brought suit against
| the West Chester and Philadelphia Railroad Com
1Gf ih eXpens ss heT & iron %er Ihe cars m
| eleven years old, took PASSAGE on the cars of the
| Westchester Railroad for Oxford station, paying
her iare and receiving her tickets like any other
When she entered the cars she took the only
bench vacant and this situated three seats from
the end Oh the car Soon after the cars started the
conductor told Mrs. Miles the rule of the company
was that colored persons must take the end seats,
and that she must move. The conductor then moved
the white passengers off the end seat, and told Mrs.
Miles she must take that seat or leave the cars and
her IeIusal, the stopped and the con-
ductor and bIakesman forced her to leave.
II was not pretended that there was any force or
Tudeness used except what necessary to enforce
tine rue, and, therefore, the simple Question raised
was whether a railroad company had right to dis
crmlnate petween passengers paying the same iare
Judge Pierce charged the jury in accordance wi
|
that the defendants were common carriers, and as
| the word common Indicated, were bound to carry
all who offered, subject only to Their rlgnt 70 make
reasonable rules and regulations for the comfort and
| convenience of their passengers, and the ethcent
l transaction OF their business
| That their power to make such rules did not en-
power them to discrimina on the ground OF prelu-
d CO. If they had the power to discriminate on the
ground of complexion. they might do so on account
OF nationality or religion, and this the law would
not tolerate.
| If passenger was uncleanly in his person,
afflicted with an infectious disease, intoxicated, or
otherwise offensive, he might be expelled TO secure
the comfort of the travelling public, but no com.
panyi has right 10 discriminate against any parii-
cuar class OF persons in the community because of
| a prejudice.
The Company, therefore, not having the right
to make such rule; they could not OF course
| shelter themselves under II, and the expulsion OF
the plaintiff was illegal and wrong As to the
damages the,tplanLif was entitled to compensation
| for any inconvenience she had suffered, and also
any mental suffering she had been exposed TO by
the circumstances connected with her expulsion.
II was not pretended that there had been any
malice, nor any special circumstances Of outrage or
| insult, and therefore the damages should be COM
penssIory only. Verdict for plaintiff, 50; George
II Earle and X p White for plaintih, Y. Spencer
Miller for defendant.