New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-10

for ventilatng the United States Court
| room, it would have been difficult to survive
the atmosphere therein yesterday. In the
morning early the apartments were filed
with the whites and blacks, hile toward
the decline OF the day the latter class gath
cred in the windows and stood about the
door until the space waS well taken up.
The civil rights case was called promptly at
ten o'clock. The first thing was to organize
y jury.
Tho district attorney announced that he
would require the iron clad oath TO be ad
ministered. The court granted the request.
Five of the most intelligent jurymen could
not take this oath and were excused. The
marshal was ordered by the court to bring
in sufficient number TO fill the vacancy.
Since the matter Of organizing this jury
has been one Of considerable comment, it 10
purpOsed to state the facts apparent i'll the
case and the general opinion formed from
surrounding circumstances. 0S Sserv alton and
otherwise.
1t has been q subject Of general comment
Srom the time the jury was tiua!ly organ
ized for the KU- kuK trial until yesterday.
when the disposition OF the United States
marshal to obtain, as ordered by the court.
an impartial jury. was seriously commented
upon. 1t was declared to be a put up job
"Che marshal has sOmo outside arrange
ment, ,'''he will take . jury to suit himself"
in different parts OF the courtroom by any
one who sat as quiet observer and not in
clined to do OF say ought. hut only take in
what fell upon his ears. Whether in fact it
was "puc up job" may be judged from =
detail how the jury was brought in.
At tho Outses Dir. Gardner. Mr.. Hotch-
kiss, o wen, Hanscom and Parker were ex
$used. This left five negroes and two
white men. The marshal retired. and, 1t is
learned took out a list which he thee had
in his pocket.
Deputies Devices and Mcfarland were
dispatched TO- summon those named. Three
of the negroes we're found at the corner OF
the court building by Deputy Mcfarland.
and sent up. Deputy Devices brought in
two prominent business men from the
Strand, both Of whom could take the oath,
but were excused by the district attorney.
Mr. A. Somerville and H. G. Reed were
next brought in and accepted. The time
occupied in summOning these Jurors Occu-
pied about an hour. Tho counsel for tho
defense suggested that there were number
Of gentlemen in the room able to take the
oath, and suggested that it was due not to
occupy the time Of the court in waiting for
the marshal to complete some outside az
rangement. The court replied that it was
lett with tho discretion OF the marshal to
summon the jury.
Colonel FlournOy moved a recess in order
that the marshal might be able TO get q jury
that suited him. The district attorney did
not think it right to impeach an officer
under oath to do his duty. Colonel Flour
noy replied that he did not impeach him.
but that he had inpeached himself to such
an extent as to lose the respect Of the court,
and beyond doubt.
The venire returned consisted OF eight
negroes and four white men, viz: Albert
Somerville, P. H. Moser, II. Z. Reed, A.
Brock, johnson Reed, J. H. Ash, Anderson
Chandler, Than. Ryan, Wesley Moore. Ben
Lloyd, John James. The jury were sworn.
questioned respectively as to their having
formed or expressed an opinion in regard
to the case, and if unbiased, ETC. Each re-
Piled negatively. and was accepted.
It was strongly asserted by those CONVEX
SAINT with the case, and acquainted with
some of the jury, that two OF the negroes
summoned had been constant advisers and
infOrmers in regard 10 the case they were
to decide upon. This is not known to be
true, but was the report in circulation.
The witnesses were next AwOrk and
placed under the rule.
Mary Miller being first placed upon the
stand, testiied-f am an American citizen
of African descent. l went to the Opera
House last March to see the play pur.
chased ticket at the box office. and paid
tifty cents for it, asked for ticket to the
and l purchased two tickets, for which I
paid. We entered and seated ourselves in
the parauette circle. We were very com.
fortibly and agreeably seated, when Mr..
Greenwall entered and ordered us out. He
stated that that was no place for colOred
women, and we had to go out. told him
] would not go out, and you can't put me
out He replied, | will get an officer
and put you out. At that time some
one shouted, Pat them out Get the
police! l purchased red ticket
upon that day. l went to see the
play, and had heard that we could sit
where we pleased; that there wonld be no
discrimination made in seats. l had q seat
in the gallery before; but at this time l
went because my husband told me we could
sit in the parquette circle. l don't know
who said put them out l saw one white
man coming toward me from the private
box. No one rose up around me. There
was considerable noise and Kissing in the
theatre. When | went out | asked for my
money or ticket. l went down, and the
tickets were brought by Joe Haynes. l
never had my money returned. Mr.. Green
wall told me if l did not go out he would
draw the curtain. 1t was two or three
weeks previous that my husband told me
that could go into the parquette. l don't
know who took my ticket at the door.
Cross examniatiOn-Yes; Mr.. Greenwall
said the parquette was no place for negroes.
Didn't know where he meant when he said
90 out. Didn't know could go to the gal
Iery. Didn't ask to go there. ! had been
up there before. Don't know if colored
people we're up there that afternoon. Don't
know that that place was set apart for
colored people. never was in the dress
circle. didn't go there to enter the dress
circle l went to 60 into the parquette and
nowhere else. l was determined to stay
there until l was put out. l was not re-
uuested by the doorkeeper TO go up
stairs. No person opened their mouth
to me. Didn't expect 70 be ordered
out Of the dress circle. Never heard
that the dress circle was set apart for
negroes. Don't know anything about it.
Mr.. Greenwall, when he asked US to go out
didn't threaten OF put his hands on us. He
merely said we must 60 out. He stood
over us and was excited. When entered
l didn't force myself by the doorkeeper.
I don't remember who was there. Didn't |
see any boy. He did not inform me to 90 |
up stairs. I had no information chen OF I
eyiously that the dress circle wac reserved |
for colored people. ! did not know the |
custom Of seating them there. did not
want TO 90 there. ! asked to be admitted |
TO the paruuette circle when bought my |
ticket, don't know what accommodations
are offered in the dress circle. Never knew /
what Mr.. Greenwall's object was in telling !
us to go up stairs. He said nothing about |
creating an excitement. There vac Co0-
siderable noise and some Kissing.
The testimony OF Mrs. McGee was mucn
the same in subetance, and more plainly |
given the above. The points we're that che |
attended the theatre for the purpose OF sit
ting in the parquette circle. She was in
iucsd to go there from information received
from her husband that she was privileged
10 sit there. She did not remember OF be-
pg stopped at the door. She thought her
cket was bought for the parQuette circle.