The New York herald., 1869-03-10
COURT OF common pLEAs-Talu rEaM-pAsr H.

The Case Of C0Ior-The Right Of C0lored
Persons 20 Occupy Cabin Berths Board
Steamships.
Before Judge Daily.
Harriet Jacob us. The Atlantic Steam, Navigation
Company. hearing OF this case. the facts OF
which have already been reported III the HERALD,
was resumed yesterday.
Mr.. Barlow stated that a circumstance had taken
place the preceding evening which he thought 1t
proper should be now mentioned to the Court.
While proceeding with the eroSs-examinatIOn with
MI. Cohen, the agent Of tae steamship company, he
mad occasion 10 ask him what his views were as to
insults and impudence from cOl0red people, and the
witness replied that he did not consider that TO
answer back constituted Insult or impudence He
then had occasion 70 ask hlm whether he believed
negroes were entitled 10 equal civil rights, when
one OF the jury made . statement respecting the
matter.
MIR. Sherwood here dissentcd an the ground Of ir-
relevancy.
Mr.. Barlow called upon the stenographer to read
the jurors statement which was TO the effect that
the plainrins counsel was injuring his case more
than anything else by delaying tine Jury by cross
questioning witness relative 10 matters that were
quite immateria to the jury, who did not what
he twitness) thought. Inasmuch as the jurors were
alone the parties who had right to form opinion
respecting the question at issue.
Mr.. Barlow SAID he did not wish 10 interfere with
the Court but f there was any Prejudice the part
Of the juror he would ask either for adjournment
or that the Juror should state that he WAS prepared
to give conscientious vcr0Ict.
Mr.. Sherwood objected There was no motion be-
course pursued by the counsel for the plaintiff.
After "A heightened discussion between counsel the
juror In question stated that he prepared TO give
. conscientious verdict.
number Of depositions were then read from resi-
dents In Savannah, showing that there was o Gus
tom existing relative ~ colored persons and that a
certain portion OF the steamer always set apart
Tor them.
The steward OF the steamer Leo, a colored man.
was then examined on behalf OF the defence. He
stated that there was proper accommodation on
board ior colored persons; Il was recognized Gus
tom that colored persons should not travel IN the
first CABIN; tney always went In the second cabin,
which was just AZ comfortable; coored people.
however, were not allowed To sit at table with the
white people; the apartment for the colored people
was very comfortable aud he took pride out OF IL
as he had fitted 1t up himself
The evidence for the defence having closed.
Mr.. Sherwood addressed the jury on behalf OF the
defendants urging that the company had q perfect
right 10 make certain rules and regulations; that the
plaintiff never would have obsained 1rst class
ticket had she not obtained 1t by fraudulent MEANS
for the agent would never have given had he known
sue was q colored woman. Under those circum-
stances he contended that the contract between the
plaintin and the company was void lie concluded
by auding TO The social diDerences which existed
between tue white and coorcd races and called upon
the jury 10 return verdict for the defendant
The case will be resumed this morning.