The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-01-29

I ...f1 h1fAS1 uSAR aSAR W IhE SiYIL hfaHrS EARCE-
MAYOR CHAHooa, q .DEc1sroN.-soIE TALL
S'YE Two NEGHogs ;HELD FOR PEP
JgRY The negroes who, ATTEMPTED to
ride in the street. cars set tupart Tor the
ladies, the conductors and drivers who
iejected them, and the policemen who ar
rested the rowdieh, were all before the
Mayor yesterday rnnd the charges against
sach were investigated. 11ez sssgs.siif
Robert Robinson (colored) testified that
on Wednesday morning he hailed car No.
l6, Samuel Bowman, driver, at the corner
of Sixth, and Broad streets. Going In, he
vas told BY the conductor that this was not
one of the cars for negroes. Having money
to pay the fare, he refused to. go on, where.
upon. the driver stopped the horses and
pushed him out at the same Richard Mil.
ler, the conductor, taa boy about ten years
Of age), struck him with his fist.
/ ECross-examined: Refused TO go out, ,Abut
didn't offer, any resistance, Didn't know
that any cars were exclusively for ladies
t.and children. Didn't 'tintend to make q dis
turbance. Thought he had night to ride,
and was angry ut the use Of the word me-
gro! Hadn't paid his fare, because he had
| Just got in the car when ordered out. Con-
ductor didn't speak politely. 49,. .-.r !.
s. G. Jeter (colored) said he wss stand
| ing on Broad street between Fifth and
Sixth, and saw his friend, Dir. Robinson,
get in the car The conductor jumped up
and pulled the bell, and the car stopped.
Witness saw the driver go up and after q
minute or two put Robinson out, and the
boy-conductor hit him Didn't hear the
conversation, and don't, know why Robin
son was not allowed to ride. Later in the
day witness, with some other colored men,
tried to ride in one of the same kind.
William II. Quarles (colored) was also o
witness Of the transaction. TheHAswas o
lady in the car, and she started Mget up
when the difficulty occurred: The conduc-
tor said something to her and she sat
down. Witness didn't know why colored
people couldn't ride in 4te whitehall cars.
Badly dressed and yulgar-looking white
| men were allowed the privilege-men that
he wouldn't like to be seen in company
with his wife. ;s ,,z.e "., 1871 f.as-=
I No other evidence being adduced against
Bowman and Miller (the driver and con-
ductor), Messrs. Noise and Mcmahon, On
behalf Of the accused, asked their dis
charge. .,.............
,Uolonel Jenkins, who represented the
Commonwealth, said he had heard that the
plan of putting white balls on the cars " for
ladies :" was suggested by General Seho-
field and adopted by the Railway Company.
It was important, that copy of General
Schofeld's order on the subject should be
produced. ...H p
The Mayor said he had made applica-
ton at military headquarters for q copy
of the order, but it could not be found.
The impression of the chief clerk was that
there was mere verbal understanding be-
tween General Schofeld and fhe Railway
Company on the subject. f e
Colonel Jenkins said that the company
had not stood upto the agreement. There
we're then six cars, and the colored people
could ride in four. Now there were twelve,
and they could only ride in two of these.
Colonel Richardson, superintendent Of
the company, here remarked that General
Schoheld had given them permission to re-
duce the numberif necessary. They didn't
have twenty y-fvc sents worth Of colored
custom q week. - 80 a@-5
The Mayor then rendered. his decision as
follows: III. ,s G.T s.'s 's i'
Some time since On arrangement was
made between General Schofeld and the
proprietors of the City Railway Company
whereby two cars were set apart for the use
of colored people, and all the other cars
reserved especially for the whites in my
opinion this order of the military COM
mander was in force at the time OF the
eiectment of Scott and others from the cars
on the 26th instant. The State of Virginia
was at that time under military authority,
no official notification of it's admission
having been received; and, besides, the
orders of the commanding General under
the acts of Congress are the laws Of Vir-
ginia, and continue in force under the pro-
visions Of our present Constitution until
changed or abolished by the Legislature.
"Tbe Civil Rights bill guarantees GER
tain rights to colored men; it, in fact,
gives them the same civil rights guaranteed
to white men before the passage of the act,
and none other; and consequently colored
man must seek the only remedy open to the
white man who might feel himself ag-
grieved in like manner-yiz., q civil suit for
damages before any court of competent ju-
risdiction, and not by criminal warrant
from q State magistrate against the con-
ductor or police officer making the eject
ment. az. a.- .f
"If the Civil Rights bill has been vio-
lated, I, as Mayor, have no Jurisdiction OF
the case, the United States courts having
exclusive Jurisdiction of all cases arising
under this bill. s-
"While this matter remains undeter-
mined, it is the duty Of the police to render
assistance to the conductors of the cars in
enforcing General -Schofeld's order, and l
sincerely hope that the colored people will
not attempt to secure any right by force or
violence which can only result in injury to
themselves" ~
Officer William F. Knox, of the police,
was then brought up on the warrant
charging him with assaulting and beating
Ben Scott. ' .a ~ - ~.
This called forth some tall swearing !"
from the negroes, and the most contra
dictory statements were made by Seott's
witnesses. .-. 1sIzE
Richard Booker said that while officer
Fuller was carrying Scott to the police
station, Knox came up behind, pistol in
one hand and o stick in the other, and hit
him on the head, OF the same time saying
"I'ye got him. -
Scott testified that somebody struck him.
It happened on Main street about twenty
yards from the market-house. Knox GER
tainly had hold Of him, and cursed him.
Malachi Ham (colored) said Knox struck
Scott IN the middle Of the back, and that
it happened near the third arch of the
market. .-...--.,.t
4 Morris Branch ,(colored) said the striking
was with Knox's FIST instead of o stick, and
that it happened at the corner. @