The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-11-28

An interesting Civil Rights case is
being tried nt Tyler in the United
States Circuit Court. Judge Duval has
decided that the law Is constitutional,
and the case is drawing to close.
The correspondent of the Galveston
NcWs of the 2ith says: . N
The prosecution showed by their wit.
nesses that Foley, an emplye and brake
man on the Texas Central Railroad,
was In charge OF the passenger ears OH
the 23d Of August, 1875, ut Denison,
just before and up to their starting on
their regular trip TO Houston, 2 O'clock
T.. NJ. That while he was standing on
! the platform between the two cars, he
was approached by one Rawley, u col
ored man, IN company with Clara Will
liams, Il colored woman, ind that he
presented to Foley first class ticket
for one passenger. and demanded to go
! In the rear ear, or, rs 1t is called by the
proprietors, the ladies car; that Foley
told him she could not come in, but
could 90 in the next car; that he told
them to see the conductor IL they
wanted to come In that car; same per-
son stated that he (Foley) said he was
acting under instructions; Clara Will
liams, the colored woman, then left
and would not go into the front car. / t
was decided also from government wit
nesses that both ears were alike me-
Chemically, and of the same use, etc.
and that smoking was allowed, but
saw no smoking aud heard no swear
ing in the front car on this day. m
This is the substance of The testi-
mony. The defense proved that these
two cars were not quite one year old,
and made at the same shop and exact
duplicates of each other. They were
Nos. Is and II, aud finely and ele-
gantly fitted. They showed positively
that both cars were crowded with
white men and white ladies', and some
colored people. Perhaps that the
brakesmnn, Foley, was placed to show
passengers their seats, and the com.
pany, through him, selected and desig.
mated the cars for passengers to ride in,
and not the passengers; that all theil
cars were iirst-class, and they sold nc
second-class tickets; that on that TRIP
the first car, which the volored wo-
man refused 70 20 into, was nearly full
Of white tirst-class passengers and la
dies, mixed crowd. They swore that
the accommodations Were the same in
both, and that smoking was allowed in
this Car, but never when any woman
or man requested 1t to be stopped; that
the conductor took equal charge OF
both. They fatty contradlcted the
Government witnesses in many par
ticulars. ffN ba
The defense charges the plaintiff
with fixing a test case, as the woman
would not ride unless in that particu-
lar car selected, though decent and
respectable white ladies' and gentle
men, and colored people holding the
same kind of tickets she did, were in
the front ear This is the gist of the
testimony. ....,- s.fI.....
The case went to the jury and Judge
Evans made the opening speech, of an
hours length, displaying great zeal
and earnestness toward the Texas
Central road, characterizing them, and
especially Col. Baker, in harsh terms,
and concluded that full enjoyment was
not accorded the woman. He was
bitter against our State legislation and
on Democratic politics,
Tomorrow being Thanksgiving Day,
the Court adjourned till Friday morn
ing, when Gov. Hubbard will reply,
and the Court charge the jury. This is
regarded rs test case, and if the Gov
eminent is successful, hundreds of
suits and prosecutions will spring up.