The New York herald., 1876-01-31
AND THEATRE DRESS
CIRCLES.
NEGROES

SAN FRANCISCO MANAGER INDICTED AND
TRIED FOR EXCLUDING coLoRED PEoPLE-A
FEDERAL JUDGE DIRECTS VERDICT OF Ac-
QUTTTAL.
An interesting case under the Civil Rights act
tried in the United States Circuit Court San Francisco,
last week. 1t arose under the following circum-
stances A coored named Green purchased dress
circle ticket for reserved scat at Magurc Theatre
during the afternoon OF the 4th nst for which he paid
81 so. 1t orange colored and marked, "Admit
one-Drcss circle. The manager the right
to refuse admission to tho holder Of this
ticket upon returning the amount paid there
for Good for this day only" Green returned to tho
theatre in the evening and presented tho ticket tho
doorkecper, who, Green alleged, said 'You can't go
in not admit negroes into this theatre" In the
course OF conversation which followed the former
stated that 1t Maguircs orders not TO admit coored
people into tho dress circle but Green could If no
wished go upstairs to another part Of the building
where he could witness the performance The door
keeper did not offer refund the money paid for the
ticket Mcguire under these circumstances, In.
dcted by the Grand Jury of the United States Circuit
Court, and tried before Judge Sawyer and jury.
Tho provision of law that covers the case as fol-
lows
THAT all persons within the Jurisdiction OF the United
States shall be entitled to the fu and equal enjoyment
ofthe accommodations advantages, facilities and prv
leges OF inns public conveyances on land and water,
theatres and other places OF public amusement subject
only to the conditions and limitations established by
law and applicable alike TO citizens OF every and
color, regardless OF any previous condition Of servi
tuden
For the defence the doorkeeper testified that be had
received no orders from Mcguire respecting colSred
people, and that the only he refused Green nd-
mittance was that the ticket not for the perform
the evening in question, which he knew from
the fact that different color used for reserved seat
tickets each day OF the week The doorkeepcr further
stated that ne would not admit any one that evening
the ticket held by Green. Several negroes corrob
GRATED the testimony OF the complainant, one OF whom
denied admission TO the dress circle on the sama
occasion 1t appeared in addition, that negro named
Butts made application for dress circle ticket tho
evening prcvious at the box Office OF the theatre and
the sale of II refused The agent sad that Mcguire
had given orders not lot his (Butts kind OF people
in and lust at this moment Mcguire came up and said
to witness SIT Is talking, you can't got In, and
you had better 20 about your business The testi
mony on the trial. which lasted two days, was quite
contradictory.
Judge Sawyer in charging the jury said that II did
not nppear that tnedoorkeepcr placed In the the
atre 10 vcudc people because OF color for other
purnoso than 70 admit those who had tcko<s and
clude those who had none. There must be some rule.
ing been proven evidence as " this fact must be
stricken out The declaration madc by Mcguire TO
Butts without knowledge OF previous conversation did
not give any reason why Butts could not 60 in The
refusal to sell ticket and admit the might bo for
some other cause beside color However II Il was evil
dence OF ANYTHING 10 evidence OF distinct offence
IL could be evidence in the that Mcguire had
committed offence the day previous II Mcguire had
directed his employees TO exclude negroes had cstab-
lshed rule Of that kind for their government then
perhaps the evidence would be admissible peonusc IL
would carried inference that they were acting
by his directions But there is such pipof There
was evidence before the jury that Green was cx-
cluded by authority Of Mcguire and they therefore
should acquit
without leaving their seats the jury declared the do
fendant not guilty.