New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-05-01

elusive right of white persons, and per-
emptorily refusing to leave that car when
ordered to do So came before the Second
District Recorders Court yesterday morn
ing.
Before the hour assigned, the courtroom
was crowded with spectators, who were
anYiously awaiting the result of the pur-
posed examination.
The only military officer present within
the bar, was Col. J Schuyler Crosby, on the
staff of Gen. Sheridan.
When the case was called, Recorder Gas.
tinei inquired of Judge Hawkins if his col
league in the defense, Judge Warmoth, was
present. He responded that he was not yet
there. The recorder then asked Judge Haw-
kins ifhe would have the case proceed with
out Judge Warmoth. The response was
yes.
The Recorder then read the affidavit made
by Cox, the car-starter.
William II. Hunt, ESQ.,, appeared for the
prosecution, and said that he did not be-
lieve there had been any breach of the
peace committed by the defendant, but he
would like to hear the testimony.
Edward Cox, the starter, was then called
to the witness stand and sworn.
His testimony was that on Sunday, be-
tween l and . o'clock P. NJ, Nichols, the
colored man, got into car No. 1872, and two
white men with him; it was not star car; ;
Nichols had been in that car a short time
before the driver noticed that he ought not
to be there. This driver was regular star
car driver, but had then changed cars with
another driver: the driver said he
he could Lot ride in this car.
Nichols responded that he had as good
right to ride in the car as any white man
had.
The driver then called Cox, who told
Nichols he had no right to rice in this Car;
that it was not star car.
Nichols told Cox he had as good right to
ride in this Car as any white man had, aud
declined to get out.
Cox then called q policeman to arrest
Nichols and take him out OF the car, but
the policeman said he was making no dis
turbance, and he could not arrest him.
Cox then took Nichols by the shoulder,
and tried to get him out of the car. As
Nichols did not move, Cox got hold of him
with both hands, and took him out of the
car. He then asked the policeman to ar
rest Cox, who at first declined to do it, but
consented to make the arrest on the deClar-
alton of Cox that he would 90 to the station
with him, and make the charge, and Oh his
demand that the policeman should arrest
Nichols.
This closed the testimony.
Mr.. Hunt, for the corporation, said it was
evident there had been no breach of the
peace. The object, he had no doubt, was to
test the question OF the right to insist that
| colored people should ride only in star cars.
1t is no criminal breach of the peace for a
| cOlored man to get into a car intended for
white persons only.
In regard to the authority of the rail road
corporation to prescribe certain cars for
certain persons, it is altogether another
thing, and has no connection with this case.
He therefore moved that the defendant be
discharged.
Judge Hawkins said the party under ar
rest did not cause himself to be arrested
and he argued that there was no connection
between the arrest and the question of equa
| privileges to all persons in all of the stree
| cars.
Recorder Gastinel-The case brought hert
| is evidently intended to be a test Of the
| right OF colored persons to ride in Othe
than star cars, this court has no jurisdiction
over any case involving that question.
! If there has been no public disturbance
there is no breach of the peace. The cas-
is dismissed and the prisoner discharged.
The decision of the Recorder in writin!
was dismissed; there being no breach o
! the peace"
An affidavit was, Immediately on the ad
| journment of the court, made by Nichols
| against Cox, that on Sunday last, between
the hours of ! and P. NJ, whilst in city
car No. 1872, he was then and there ASSAULTED
and beaten by one Edward Cox"
the case, Wm. H. Hunt, ESD, will waive al
examination, it is said, and the case will
then be sent by Recorder Gastinel to tn
First District Court. Until final settle
ment of the matter by the Courts, th
colored people of our city will claim tn
right, under the Civil Rights Bill, to ride i
any of the street cars, whether they bee
the single star or otherwise.
Progress of Registration.
In the First District yesterday the nun
ber registered was $50 Second District ITS
Third District lss; Fourth District s.
Whole number up to last evening Firs
District 3,400; Second District 2,507; Thir
District 2,l29 Fourth District l,6l2. Tots
in the city, 9,64s. The number registere
in the Fourth District Monday was lao, il
stead Of 100.
sixth Ward Republican Club.
The regular weekly meeting of this clu
was held at Economy Hall last evening
Arrangements were made for the grand MAJ
meeting next Tuesday evening. The office
! OF this club are:
President-Anthony Fernandez.
Vice Presidents-J. B. Jourdain, Erne
Cheese, Aug. Carriere, L. Boguille.
. Secretary-J. E. Matthew.
Treasurer-E Campanel.
Fourth Ward Club.
large audience assembled at the hal
corner of Cont and IRENE streets, la
evening. Addresses were made by Gener
A. J. Hamilton, Judge r. II. Shannon, al
other eloquent speakers. The officers
, this club are; President, VIM. Mulford. Vic
: Presidents, c. Rocum, 7. W. Schoenecke
James Lewis, Joseph Dauphin. Secretarie
Ernest Longpre, Jr., and Richard Hardin
Treasurer. E. ]. jenkins. Sergeant-at Arm
Ames Moss.
The Dut ant Climb.
Z large meeting was held last evening,
the First Branch or Durant Republics
l Club, at Dumas Hall No. 800 Gravier stree
J The meeting was well entertained by a
, dresses from Professor Smith, DR.. p.
Smith and DR.. John kellam.
Mass Meeting In Congo square.
Arrangements are being made for a graz
mass meeting of the Republican voters
the Fifth District, on Congo Square, sor
: evening next week. The committee of {
! ! rangements are actively at work. and W
!, produce brilliant list of speakers on t
= occasion.
Receipts of Iatesnal Revenue.
e The receipts of Internal Revenue duri
, the past week, for this (lst) District of La
= isiana, were rs follows:
Monday, 22d Instant. t..............S7,I0 I0I
Tuesday, Esd. .............t......... 6,44S
q Wednesday, Gath h...........,...... 5,1sI
o Thursday, 25th ................. 6,sM
q Friday, 26th, h,...,.,.,.,t,......... s,6y3
+ Saturday, 9th. ...,.......-.'-.''' 5,oce
II s42, ,469