, 1875-03-28
CIVIL RIGHTS.
Therefore Mesars Whyland 4 Fosa
Escape Unharmed.
Tae Testimony.

Al the roadrs OF TEE TRrBuNE are Avare,
| several complaints have been made by colored
men Yxa.uat tbs proprietors Of hote!s and
restaurants in tbs city for N alleged deniai OF
sightu gueranteefbJ the Giyi1-Rights bill but the
first formal investigation Of such charge did uot
take place until yesterday, the defendants hero
tofore arraisnsd having been considered llablo,
and waiying e1suuuatiou. held in bail for trial
10 ths United s.1Ias District Court.
1Ez DEFENDANTS
in tbs case d.sp led of by United States CON-
missioner Hoyns yesterday were Whyland i
Foss. proprietor1 Of the st. Elmo res: aurant, un-
der KuAn'a EUROPEAN Hotel, On Dearborn street,
and the point in linputa WEE whether restau-
rant MAS an Tim" within the meaning Of this
Law. Tnrse distinct violations were alleged, in-
! volying, ii proven guilty, fines aRcregatins
$3.50 and an Imprisonment OF niue months.
The controversy Ststacted Some little attention,
there being tweni! people in tho room. fifteen OF
whom we're colored. 0neof the complainants was
Thomas T Hamilton, he who ata5bcd this hoad-
| waiter at tho Grand Pacific Hotoi some time
ago.-a very loau.cious Hector, who SAID II he
couldn't get Justice in tho Courts he would take
hit gun and sabre md fight for hls rights.
The sen of United S.etes Distr1ct-Attorney
Glover rcprosened the Government while How
ard TlIden looked after tho interests Of Whyland
l. Fpss.
The fret witness called was
HAMILTON,
who testified substantially as follows, in answe?
to Mr. Glover's questions:
Where Dc ron work? Al have been
working at the fremont House, but an duing
no.hing at prosnt
O,-Stato your complaint. A.-One night =
party OF Us were coming down town, and wa
happened to dro. into the restaurant OF Whyland
l. Eosa and wererefuBed something to eat; they
! snid they didn't ted colored people 10 there I
asked tho reason, and they raid it was orders
, that the proprieors had instructed the wa1tera
J not To wait On coDred people.
aIr. T,lden said he would admit, for the pur-
poses of the examination, that tho complainanta
| went to tho restaurant and asked to bs fed, and
we're refused
That disposed II the point.
Q-Do You ktnW whether the restaurant has
lodging-rooms 9nneoted with it. Alt las q
hotel connected nth it; i il the din.ng-hall Of
hotel.
Q.-Who is thepropEietor OF tia zeataurant'7
A-Why1and & hss
Q.-Wno ia tia proprietor K tho lodging
rooms Al ln't know.
Q.-Ara Whslud h Toss7 Al cannot
swear that they DC, but knoE they feed the
hotel people.
O.-What sign over the door? A-Kuhn's
GuTopeRu dGLei, mo De. f1lllQ u1nlpR- 1fIl-
Cros2-erdminet Q.-Were you eTor in tho
employ Of tho 6tElmo Al wes there dsy
and half in the lace OF a man who ras sick.
Q.-Did, q evr $50 that man {Ir. Kuhp)
there A.-No, ir.
Q.-Dou't you how that the hotel and req
Q.-How do 20, know That Why]and & Foss
sro the proprietor OF tho restaurant? A-Be~
cause do. Thd. names are. on the bill Of fare.
Q.-Is not thean of Kuhn Oh tho hotel
Ayes.
Q.-Wezo you not discharged for reporting
CHARGED On the nhedule A.--No, sir.
The other complainant,
1oMAs JOHNSON,
Was next e1amisd:
Q.-WAAt do you know about this matter7
A.-All know that Hamilton aud I and :
party vent toto 10 place to get something to
eat, and the waitr said they wero not allowed to
wait On oolored nen.
Q.-Do you kew whether or not the reetau-
rant and hotel IT run By the sa.ne 2azties2 L.
II do not know !.
C,ross~e1uminz: Q.~-What conversation wae
None, any NOR than ~ ne were going down
tho street, somt one says. "Let'u hare soma
oysters;" and anther- said: ~ Hero is rsstau-
rant; le.'e 80 IN ; and we vent II.
Q.-Was therBu:y ta16 about tho GVl1-Rights
bill? A.--Eona t Ill.
Q.-Waro you evar employed in the restau-
rant? Al vaked there ono day last suua-
mer.
Q.-Daln't yoa know that Whylaud 4 Foas
we're simply the roprietora OF tne restaurant9
Al did not lmv it, I knew that Iii. Why
land WAS.
Q--Do you kpw III. Kuhn9 Al don't
think erec taw lin.
Q.-Whu adv.sd you to make this complaint
A-No one.
Mr. Glover objected:
IT. Il Oh hal E1n- -tA
had declared thaiIra Couch prompted him, and
that the declaratan WIS untrue.
Commissioner Hoyne ruled out ths question
and answer rs iuproper.
Q.-Were you 'acharged from the reataurant7
A--No nir let Of my own accold-
TIRE oTRER W7TEEssEA
Oliver KenIedy, Walter Lynch, and James
Slrader {.:l coloHd), testified to tho sazno euoct
and the p1peecn On rested its case.
Tho defenae pssen.ed only one zitnssa,
ME- EUHN.
who terrified tim:
Q.-Whas is y1r busineas7 4.-Irun Krhn's
E:ropoen Hotel Fi'h Mr- Thorpe, ms rsrsner.
Q.-What connection have you will, this st.
Elmo rastaurans7 A--~Nona- Mv family and
servants eat thes. but Whylaod h Foss ara not
directly Or indiratly interestod III the hotel.
Q.-Whar If NY, interest have you in the res
taurant7 A--Sthing more than We rent to
Whylan1 l. Fosa
4.-What do yu rent to them? A--The main
room on the hrt hoor, and three rooms above
which ara u5ed fr ladies' d,nips-ypome.
Q.-Are an7.ofhem used for lodgipg-rooms
A-No, except b Mr. Whyland's family; they
haye rooms Ia th hotel.
Q.-The lodgoa At your botel simply rent
rooms7 A--Yea They get their meals whof-
ever 1t quits them
Cross -eran..nod: Q.--Do you keep u regissar
IN To1y hotel7 -Yes.
Q.-Waen parties register, d. you agree 10
furnish them mets7 A---Neyer.
Q.-Do you uotreceiye mouey for lodging and
meals? A--No. The restaurant is Reparata
altogether. Ihoe Who cat there pay there.
Q.-For what puposa do Whylsnd J. Foss use
the rooms yen e88e to tkon7 A-DiniuE-
of them
Q:--Havo you ayrittsn lease With them1 L.
We have.
Q.-Do you recite any portion Of tbs pro6ta
Of tho dining-roou7 A.--No, SIR
Q.-AnJ commisions2 A---Nu-1othing mora
than the supulate, rent.
Q.-You hsve 10 interest in any way in the !
protits7 A-Nothe least whatever.
BIZ. Tlden-Tht is our case.
Mr. Giover-1 hye nothing to say.
Mt. Tilden desind simply to remark thst the !
odense cha1ged Wa Rimply that The complain |
1nt8 we're |
INFUSED NEAI5-
lhere mas no evaonce whatever that the rea- |
md tho .ntal nbnra rxero |