Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-03
MlSCEGEXATION.
i Case OF More Ihan Ordinary Importance
OH rrial at Toledo,

9
! Toledo, o, February 2S-The ccle-
| brate d mlscege nation case, which WAS
concluded in the police court last even
/ ing, has attracted a great deal OF at
| tention ON account OF the supposed inn
pnrtant principles involved. The
defendant, Robert Bailey, n prominent
colored man, about forty Years Of age,
! had recently married Carrie Haymier,
daughter OF II weli-known railroad
man in thi1 city. He acted, rs he
claimed, under the advice OF the pro-
bate Judge, who, he said, told him
when he applied for license it would
not make any difference about the
distinction of race and color. On the
trial the attorneys for the de-
Tense argued for the demurrer which
they had filed, holding that The law
was unconstitutional under the four
teouth amendment The counsel for
the defense made q strong argument
on the equality OF man and the privi-
leges which be was allowed to enjoy.
They argued hat the law PASSED in
1910. when the negro was slave, was
unconstitutional, and in this case the
cnlor,d man was privileged TO have the
same rights as his white brother.
Prosecutor Brown wanted the de-
murrer 70 Ice dismissed. He said the
law had been made in $50 by the leg
islature of this state, and the wisdom
the act had ever since been recOg-
niZpd by succeeding legislatures who
h d not seen fit TO repeal it, the law
WAS not in favor OF the white man,
and provided that he should receive
/ the same penalty for marrying col
ord woman. The Fourteenth amend
msnt gave no more rights 10 white
man than it did to the colored man.
| IL certainly could not be constitution
al for negro 10 marry VIII lie woman
! and go free, and have White man
marry negro and be punished. The
/ prosecutors ideas seemed to coincide
/ with those of his honor, who stated
I that it would have made no difference
J if a white man lad been arrested on
! the same charge, and he accordingly
overruled T. c demurrer.
/ The case was then called
/ mp. DR. HOLSTER testified That
! Bailey was negro and had
! African blood in his veins. William
/ haymier. the fatherof the defendant 5
wife, stated that bis daughter was
white and possessessed 10 colored
blood. w. w. johnson, pastor Of the
Third Baptist church. testified that he
married Robert Bailey and Carrie
Haymicr on the 18th of December
last, and Sadie Brown testified that
the ceremony took place az her house,
ana certified copy of the marriage
certificate was aitcrward introduced.
Bailey himself was next put on the
stand. He It lted his ignorance OF the
marriage laws, and said that he was
married 10 white woman several
wears before. He testified that he pro-
cured his license Of Judge Sherwood,
who told him il was ali right. The
case was noted aud Judge Sherwood
sent for. When the Judge arrived he
testified that he bad never told
Bailey that he could marry white
girl, or had given him a licen.e and
marked ii Don't PUBLISH Judge
Howe spoke at some length ia favor 81
his client, aud said that in the only
similar ease he ever knew Of In this
country decision had been rendered
against this law. When he had fin
. ished, Judge Lorenz gave his decision
sentencing Bailey to pay hneoi Siot
and be imprisoned in the Work-housl
Tor two months at hard LABOR.
The attorneys then made n motion
Tor new trial, and arrest OF judgment
overruled. 4 motion for suspension
otseulence for ten days for the pur
+ pose OF filing bill OF exceptions To h'
h+aId in the common pleas court Oh
uehuIrer was granted on condition
that Bailey give bond in the sum g