The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1884-10-08
THE CIvIL-RrGHTs CASE,
A Decision by Judge Smell on TIT
Criminal Fenture--Tho Clerk o.
aR,a HNaanUav

A Decision by Judge Smell ON tho
Criminal Feature-Tho Clerk of
tho MosoIey Released.
The charge of violating the criminal section
OF the Civil Rights act aga inst John II. Fowler,
clerk OF the steamer Jane Moseley, aud pre-.
ferred by Lawyer Il. NJ. Hewlett, was called
for hearing in the Police Court this morning.
MIR. II, Iloss Perry appeared for the defend.
ant, and Mr.. Ed. II. Thomas, OF the District
Attorneys of1ice, appeared for tho prosecu-
tlon.
TENDER last ho secured ticket and stateroom
on the steamer Jane Moscley for Norfolk, va
and return,
witness approached tho defendant, and
saldi INF; Clerk, VIII you please hand mo u
supper tlcketP
This was at the wharf in this city.
I'VE can't soil you n ticket until we get dono
supper" was the reply. Ho did not state the
reason at this point, Aftorward man came
through tho boat and notified everybody to so.
euro their supper tickets. They were outside
OF the District then. Witness then wont and
saw tho clerk ogain and demanded q ticket for
supper. .,
Will have TO see tho captain"
Witness then saw tho Captain and stated his
case. Tho Captain replied that no could not
sell Witness ticket for the first table. He
taw no tickets sold at the wharf nor until they
had passed Alexandria, Witness is cltlzon
Of the United states and paid $3.50 for first.
class passage ticket, and was entitled to all tho
advantages and facilities of tho boat.
For tho defonse Mr.. Fowler stated that whom
the boat was fifteen or thirty minutes below
Alexandria Mr.. Hewlett came to him for O
supper ticket. lie did not apply tor the ticket
In Washington. lilo had no conversation with
Hewlett about tho ticket in Washington aud
never sells such tickets In Washington. His
business is 10 sell meal tickets and stateroomg.
on cross.examination he denied that he 70.
fused 10 soll q flrat-clssa ticket to colored
woman and sold her q secondclass one.
Objection was made on the part OF tho do.
fenso to the question whether lrstclass moal
Tickets are ever sold to colored people. The
objection was sustained.
Mr. Samuel Normcnt, president OF the line,
was called for the defense.
The Government objected TO the witness stat
ing whether IL is tho custom OF tho company to
sell meal tickets at the wharf.
Tho witness was Withdrawn.
offer.
That's tho case, Your Honor, said tho Gov.
eminent counsel.
IN dsposing OF the case Judge Smell said:
Internationally tho burden OF proof Is on the
Government 10 prove that tho defendant has
violated the law. The act must have been done
In tho District OF Columbia, because tho
supreme Court OF tho United States has decided
that It Will not hold In tho States, because II
conflicts with their internal laws.
"Thls implies that II does hold in the District.
II the charge had been made out would have
I'm posed lne OF $500. Tho Government has
failed In It's proof Mr. Hewlett swenr5 that
he was refused ticket in the District on nc.
count OF his color and tho defendant swoars
otherwise. The testimony is balanced aaassf
will discharge the dfendant." .s,as1s'