Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-03-16
Nigger in the Cabin Mrs. sambo Comes
to Grief in New York.


From the New York Democrat, 9th.l
A rather important case in regard to
the civil rights Of colored persons is now
on trial before Judge DAILY in the Com
mon Pleas. Harriet L. Jacobs and her
daughter, the former showing plain eyi-
dence of negro blood, but the latter not
darker than many brunettes and with no
marked Ethiopian characteristics, pro-
cured frst.class cabin passage tickets by
The steamer Leo, from Savannah to New
York, in July, 1866. They got to their
berths on board the steamer, but were
then elected and directed to 60 in another
part Of the vessel or leave it. The plain.
iiffs say that in ejecting them they were
called opprobrious epithets and rather
harshly treated that they were ordered
to 20 in the steerage or ON the deck; that
when taking their passage they informed
the agent of their blood; that the cholera
was in Savannah, and that ten days later
they came as frst-class passengers on
another vessel. They ask damages for
their detention.
The agent who sold the tickets denied
that he was informed of their status when
be sold them he denied that he had used,
or indeed had ever used the epithets as
cribed to him by the plaintiffs; he stated
that there were three classes of passage
on these vessels. One, the first cabin !;
one, the deck or steerage, where passen-
gers were only sheltered, but have neither
food nor bedding provided for them and
a third, intermediate, where state-rooms
we're provided, but the cabin privileges
were not allowed; he thought the sleep
ing arrangements superior even to those
for the first cabin. He admitted, how
ever, that, unless the occupants OF these
staterooms were the servants of first
cabin passengers they were not admitted
to the cabin, and had no place to sit in |;
it was to this and the lower class still
that negroes were, by the rules of the
company, confined; the witness doubted
whether the plaintiffs ever went by first
class to New York, as there was a meet
ing and general understanding among
the agents not to permit negroes, except
as servants, to go in the cabins; the pas
sengers, in this case, protested and
raised objections, and the commandant
of the port at Savannah recommended
and approved his course there was
regulation ofthe company in accordance
with the port of Savannah, excluding me-
groes from the first cabins, except as
above stated the plaintiffs, he testified,
we're offered back their passage meney
there was no chelera at Savannah, though
there was at Tybee Island, at the mouth
of the river. The real question in the
case was raised in objection to the greater
part of this witness testimony. Mr..
Barlow, the plaintiffs counsel, objected
to all testimony as TO custom, on the
ground that no custom could be valid
which was opposed to principle of law,
such as the duty of common carriers, or
which denied legal right obtained with
out fraud, stch as in this case the plain
tiffs had purchased. The witness having
important business engagements IN Bal
timore to-day, the court took the testi-
mony, reserving the question of hereafter
striking it out till after further argument.
Judge Daily himself was subreuaed
TO attend before legislative committee
at three o clock, and with the consent of
the lawyers withdrew, leaving them TO
continue the cross-exsmination of the
agent.
la the course of the cross-examination,
ex-General Barlow inquired ofthe agent
whether he had not been STAKEHOLDER,
to which he answered he had.
Mr.. Barlow then asked him whether he
thought negroes were entitled to equal
rights2
A juryman named Casey rather an
grily interrupted that this was a matter
every man had his opinion on.
On Mr. Bsrlow's repeating the ques-
ton. the juryman again interrupted,
telling Mr.. Barlow he was hurting his
case, delaying the jury, and inquiring
into matters having no relation to 1t.
On. Mr.. Barlow's again repeating the
question, the witness declined to an
swer.
Qaite probably this will be made
Ground To-day Of Withdrawing a juror
and impanneling a new jury to try the
case.
Mr.. Francis C. Barlow, fol plaintiff
Mr.. John Sedgwick, for defendant