The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-12-15
LEGAL SETTLING or uCIy

A LEGAL SETTLING or civil
RIGHTS "-The suit Of Benjamin
Gardiner. colored man. against John
Ellsler, manager Of lhp Cleveland
(Ohio) Academy, has been settird III
favor of the defendant On the lllh
of February, 1873. Mr.. Gardiner
bought ticket admitting to the dress
circle or parquette, but wns prevented
from taking a aseat by heushers, and re-
quested to leave that part Of the house.
on the understanding that his money
be returned: Gardiner left, but
brought suit under tho Civil Rights
Act against Manager Ellaler. Judge
Griswold. of the Superior Court. IN
his charge to the jnry. stated in effect
that IA theatre wi,s u private estnb-
iishment, and that munger had n
right to exclude whomsoevcr he
pleased from it," The Civil Rights
ACT, he stated in his charge, has no
appiication whutever in this cuse. This
plaintiff has right to bring ii suit for
| breach of contract in reference to nd 3.
mission to the theatre az If he were IL
white person. Bu! every man has the
right to use his own property w he
person or property Of othera
''ln the cnnduct of one's own bust
ness. q man Id not bound to consult tho
feelings or tastes uf others. He has
no right to injuro the,r PERSONS, or
character. or property. So long as he
does not do them wrong, or commit
nuisance, he may conduct his Own
business In JUST such Ii manner md on
Just Hnch rules IA he sers tit. This
right nppertains as we'll to white ns
black. 1t is conceded that Mr.. EilsIcr
conducts the Academy of Music for his
own private gain, and if he soes I'll, in
the management of his business, to
provide and establish rnle that no
person of color shall bo allowed to en- :
ter the dress circle, aud he cnforees
this rule. it is no ground for my uc-
tiou against him by snoh person. Mr..
Gardiner, the pInintiff. might establish
u theatre. and if he saw tit, he could
establish rule that no white person
should be permitted to enter the dress
circle "r any other portion of the
hous,." The jury returned verdict
for tho defendant. .4rcndinu.
The IN lrriage of Malta. daughter of
De iouza Cabrnl. the great dlnmonti
merchant Of South America, tu George
Arthur Throckmorton, lute Of Ken
tnrkS, bnt now engaged in railr1ld,ng
III Rio Jnnriro. throws the maSni.i
canco of the Ncwlauds.Sin,on nurt.uls
into total eclipse. The father uf ,hc
briie is the richest man in tho wori,l,
his fortune bong estimnfrtl ut several
billions. MIR. ThrocSmorton him self
Iii no bcggar, for he counts his dollar.
hy the millions. ana vii! aomc i:y Lu
richer than lis fathpr-in.l.w. Tbs
wedding took place at Cabral'a resi-
dance, nenr Rio Janciro, and the NUM-
Der of guests exceeded 900, the invi.
tations being oucloaed in boxes Of
sAndalwool, costing 81, 200 each The
rooms were decorated with camelas,
set with aiamonds, 100 music boxes,
set with precious stones, played the
wodding march. aud a pavement from
the railroad depot to tho mansion, OF
more than quarter Of mile, was
spread with caulel's hair shawls. The
brides dress is literally indcscr.blbe.
1t COST millions Of dollars. Tho brides
gifts number 1,Sl9-among them a
dinner set of $50 pieces, given by the
mother. each piece bearing the Cabral-
Throckmorton monogram in la-
moEds, tho whole costing $1,000, 600;
l,Goo yards of no;n. lace; 365 drcsaes;
title deed for magnificent town nnd
country hcmse in each capital in the
world: Il steamship, with full compile.
ment Of sailors under contract for ten
years service; one dozen milk-w!itc
Arabian steeds; u neck lace OF thirty Of
the largest and finest dinmonds in the
world, with fantastic facc cat mp III
each ston"-!he necklace costiuG
SIG. $50. O00T5 There were other
wonderful presents in pro!uaion.
DIR. Peter Gnnsolas. says T, xas
paper. now residing in the ncighbor-
hood Of Fort G,iilin, and who is
scyenty-six years old. stout, halo aud
hearty, aud who has lived on the from
tier tho greater portion of his life, III.
formed US that no was now living with
his sixth wia. married young Cir
each time, has ffty-four childfon,
forty.eighs of whom aro atill alive aud
scattered from, here TO the Pacific. aatl
all doing we'll.