The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-08-20
That Civil Rights Case.

Feeling somewhat ashamed OF its
former failure to convince the public
that one of its black brethren had suf
fered downright maItyrdom at the
hands of Judge GOOD, the Intelligencer
of Thursday re-states its ridiculous
"Civil Rights Case" amending and i'm
proving as the weak points required.
On Tuesday that paper asked credence
for the following assertion:
In the Municipal Court Saturday
morning, we'll behaved cOlored man.
citizen of Wheeling, was fined $40
and costs for insisting on his right to
occupy a seat in one of the carriages OF
the Citizens Street Railway Company
of this city, he having previously paid
his fare.
Upon this it based a fearful .fanfaron-
ade against the Court. On yesterday 1t
abandoned its first line Of attack, and
sets up the claim that "the arrest and
fine are no part of the case" the sole
grievance being the rule of the Street
Railway Company, requiring negro men
TO ride upon the platform of their cars.
On what grounds it will base its appeal
for public sympathy on behalf of its
colored protege tomorrow, it is difficult
at this time to foretell.
We now subjoin brief statement of
this so called "Civil Rights case," as
obtained at the proper source:
Prosecution for dis
City of Wheeling, orderly conduct:
rs. Heard before the
Henry Hollinger police court on Sat
urday, l4th inst.
The case was briefly as follows:
Hollingcr was arrested on Friday
evening, by one of the Deputy Scrgeants,
for a violation of the 9TH section OF the
ordnance of the city, entitled ian ordi-
nance defining and prescribing the pun
ishment of certain offences" The sec
tion reads thus: iii shall be unlawful
for any person to commit or cause any
riot, noise, disorder or tumult or loud
personal abuse of any person by words,
To the disturbance or tending to the
disturbance of the peace or just
quiet of the city," and the court Is
authorized to assess fine OF not less
than 81 nor more than $50 for offences
against this section.
The facts presented by the evidence
before the court were these: Hollinger
had taken passage on the city railroad
car at South Wheeling, and took his
place within the car. On the passage
angry words passed between Holllnger
and another passenger (white mani
whereupon the conductor went In ana
said to Hollinger that he had no right
by the rules of the company, to ride IN
side but must 60 to the platform. Hol-
llnger refused to do so, claiming that
he had as good right inside as any
ether man. ThereupoR an alteration
arose between him and the conductor,
which resulted in the conductor turn
ing him out. Hollinger then went to
the office of the company and com
menced loud TRADE of abuse and pro.
fame oaths and threats against the COM
pany, and against the conductor partic-
ularly, threatening to whip him, calling
him a ID sou of a b--h, and apply
ing to him other abusive opithets.
Hollinger was i'll the act of drawing OFT
his coat TO execute his threat, when the
officer stepped up and arrested him.
Inc above facts were sworn to by three
or four witnesses. The case was re-
gardsd as an aggravated viol ati on of
the ordinance, and the Court fined Hol-
linger $40 and COSTS" In giving iudg-
ment the Court remarked that the cues
tion of civil rights was not involved in
the case-that the fine was imposed for
disorderly conduct at the company's
office and in the presence of its officers
This is the whole of the case. The
IHtelligeHcer objects to the result, in the
first place because the defendant is "a
quiet, civil, honest, well behaved man."
The epithst which we owe our readers
an apology for quoting, may be the In
telligencers standard of gentility. We
rely uponit to support the assertion that
this negro showed himself "black
blackguard." The fact that tastes differ
may account for the difference between
the IHtelligencer and the REGISTER upon
this point. The IntelIigeRcer "justifies"
HoLLINGER in the violence he used.
That could be expected only of paper
published in the interest of lawlessness.
The Inte1ligeneer thinks there should
have been no prosecution. Had its
editor been the recipient of this negro's
elegant words and threats, he might
have not thought himself assailea
mot so with the gentlemen assailed, and