Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-10-08
CIVIL RIGHTS ON srEANnoArx.
The Act Of Congress Only Cousaitu.
ti0mal im the district of Coin IN bta.

HkwLETTS CASE AGAINST CLERK FOWLER OF TIE
STEAMER JANE MosELET DISMISSED.
The case against MI. John Fowler, purser OF the
steamer Jane Moseley, charged with violation or the
criminal clause OF the civil rights act In refusing TO
sell nrst-eiass supper ticket 10 Mr.. Emanuel NJ.
Hewlett, colored lawyer OF this city after he had
bought a ticket for passage and state-room TO Nor
folk and return, was taken UP In the Police Court
to-day. The warrant charges that MIR. Hewlett
was denied the privileges OF an American citizen
torney Thomas appeared for the prosecution and
MI. K Ross Perry for the defendant.
aEwLsrT's TESTIMONY.
Mr.. Hewlett testified that on the 18th OF last
month he procured a ticket for q passage and q
State-room to Norfolk and return. In the after
noon he went TO the wharf where he saw the de
fendant and had some words with him about the
state-room. witness went away but returned In a
rev minutes and asked the defendant 10 hand him
a supper ticket Defendant answered: Cant give
you one until we get done" When the boat nad
passed Alexandria the steward came through the
boat and SAID that every body who had not bought
Their supper tickets 10 so down stairs and get them.
witness again went 10 the purser for Ills ticket.
who again refused him and referred him TO the
captain OF the boat Witness went TO see the cap
tain, who also refused him ticket and after talk
ing Tor some minutes the captain said: THAT ends
IL, you cannot have ticket
On Sross-examination witness said that he did
not Sc any supper tickets sold until the boat had
passed Alexandria
This closed the case for the prosecution.
TESTIMONY OF CLERK FOWLER
MI. Fowler, the defendant, testified that about
half an hour after the boat had passed Alexandria
MI. Hewlett came after supper ticket, and he re
TERED MIN 10 the captain. While at the wharf In
this city the complaining witness SAID nothing
about supper ticket, but got his state-room KEY
from defendant. The company sells no supper
tickets on their trips until the boat has passed
Alexandria.
On croSs-examination witness said that Hewlett
got his ticket and state room kew from him; he
lhewlett did not apply for supper ticket while at
the wharf In this city, witness did tell Hewlett
tnat ne could not have ticket.
Mr. Thomas asked II he sold tickets to colored
persons which was objected TO by the defense and
ruled out by the court.
MT. Samuel Norment, president OF the Inland and
Seaooard Coasting company, was called and asked
whether IL was the universal practice OF the COM
pany not TO sell supper tickets this side OF Aexan-
dria. Ruled out
The testimony here closed
JUDGE SMELLS DECISION
Judge Smell said: 1.-The burden OF proof is on the
government to show that Mr.. Hewlett was refu sed
ticket on account OF his race color, etc The
onenSe must have occurred in the District OF COL
umbia The Law has been declared unconstitu-
tonal, so far as the states are concerned. but as
being In full force in the District OF Columbia.
III the charge was proven that the complainant
was refused ticket in the District Of Columbia /
Should nave no hesitation in giving Judgment
against the defendant. but in this case the gov
eminent has not maintained the issue and the de-
PENDANT Is discharged"