Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-24
E0uAL RIaHTN.
Important Decision BY Jastiee Ma
theus.

thews.
The following is the Judgment Of w. A.
Mathews, Esq, in the case Of Che State Of
Tennessee rs. Tom Moore, charged with as
sault and battery on the person of Hager
Wells:
The proof in this case ia fully estab-
Iished, that Hager Wells purchased from
the agent Of the Nashville a Decatur Rail-
road Company, in Memphis, a irst-clasF
ticket through 10 Nashville, and that
on the fall assurance that she was en-
titled to a seat in a lirst-class car. Proof
further is, that she did ride in the frst-ciass
car. from Memphis TO Decatur, and on en-
lering the frst-class car at Decatur, she re-
NAMED therein until defendant, Tom
Moore, conductor Of said train, notified her
in person that she must go into the other
car that this car was not for negroes !;
whereupon said HageT Wells stated that
she had procured a frst-class ticket, and
was entitled 10 a first-class car wherenpon
said Tom Moore, conductor, again told her
thai she either must get into the other car,
OF he would put her off the train at the
next station whereupon, said Hager Wells
did obey the orders Of conductor Moore,
and got of the train. This was at Athens (;
and when the train was about to move she
again got on and entered the same car that
she had been ordered out Of, aud took a
seat by the door, when, after few moments
the same order was given to her by said
Moore, and at the next station she again re-
monarated, when defendant did take from
her hands a small travelling basket and
gave il TO the brakeman, aud again pat
her from the frst-class car and told her
that she must 20 in the other car or get of.
This was about twelve O'Clock at night,
and no place wherein she could stop at had
she got of, and consequently accepted the al
Tentative, aud the car that was set aside
for her was a smoking-car, and not a hrst-
class car. Proof further shows that, after
she was put into this car, the defendant
locked her up in the car, which was occn-
pied by a eoiored man unknown TO the said
Hager Wells, and kept her locked up until
arriving at Franklin, Tennessee.
This being the evidence in substance, the
only question for the court TO determine u
jurisdiction. Code, 1878, says when an Of
Tense commenced out of the State and is
contaminated within its boundaries IL liable
10 the laws Of the statutes Of the State
where il was consummated. So the court
ia Of the opinion, from Code AGA, that the
same law applies to counties as to States
! and az the statutes Of late acts Of the State
Of Tennessee strictly say that no common
carriers shall make any distinction by
reason Of race or color, and the proof, as
before stated, that said company had re
ceived full fare; and the court being fully
satisfied that the law has been broken, al
though however hard it may seem 10 thu
defendant in this case to be arraigned before
court for faithfully discharging the du
ties imposed on him by his employers; will
all, the court cannot violate an oath which
is TO execute all laws az they are founC
on the statute book of our State.
The court, therefore, fines defendant ST.
and costs. w. A. MATHEWS, ). L.
State of Tennessee rs. John F. Gilmore
For assault and battery on the person o
Caleb Jones. Confined until Monday a
! 10 A. NJ.