Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-23
NOT ON ACCOUNT OF COLOR.
The Case Against Jonas w. Heckinger
Dismissed by JudgesNIiller.

The case of Jonas W. Heckinger. proprietor
OF SANS saloon, corner of Pennsylvania ave-
nue. and 9th street, charged with violating the
the act of the legislative assembly relating to
eating-houses, as heretofore published in The
STAR, was called on trial in the Police Court
this morning. The information charged
that the said Jonas w. Heckinger
was then and there the proprietor of licensed
restaurant and eating house, and did then and
there fail, neglect, decline, refuse and object
to accommodate and furnish with eatables one
Wayne Curry, the said Curry being then and
there weI-behaved and respectable person. y
Mr.. Chas. +. Rowe, for the defendant, plead
not guilty. MIR. Shillington appeared for the
District.
cURRY's TESTIMONY.
The prosecuting witness, who conducts the
barber shop at the Metropolitan hotel, testified
that. on Inauguration day, between II and /
o'clock he went into the defendants place.
took seat at the lunch table, and called
for pie and tea. Sam Gassenheimer, the
former proprietor of the saloon, was the
person addressed and he answered that he had
no pie and tea. Witness asked him what he
had and he answered: "Oysters, 80 cents dozen
or half dozen" Witness replied: They will
suit me, and gave an order for oysters.
minute or two later Gassenheimer said: Il
can't serve you; you can't sit there" Just then
another barbr, Mr.. Gibson came in and wit
ness told him that he could get nothing to eat.
Did you go there with any intention of
causing violation of the law?'' asked the
court.
No, SIR" replied the witness. Il went in
there because l was hungry. / board at Perry
Carsons' hotel, and could not get across the
avenue because the wires we're stretched along
the line of the curbstone."
Witness SAID that he was not invited by the
proprietors Of the Metropolitan to eat in the
hotel that day.
SAM GAssENHEIMER DENIED
the testimony given by Curry. He said that
they had about 170 persons to feed between 1
and 8 O'Clock, and during that time
they could not accommodate transient
customers. He said that Curry came
in and called for beefsteak. He informed him
why he could not serve him. Curry remarked
that he was glad to see that witness was doing
SO well. On cross-examination witness said
that he met a barber named Brooks,
who works under Curry. and they
discussed the case. Brooks expressed
surprise at the action of complainant Wit
ness said to Brooks: You know that if nigger
Brooks replied: I'VE don't even allow them to
come around the shop
BUSY TIMES ON INAUGURATION DAT.
The judge explained the charge to witness.
and asked him what other well-behaved person
he turned away that day.
Witness replied that he turned away a large
number of persons, including Mr.. David Sable.
Mr.. Sable was called as a witness. He said
that he was from Louisville, Ky. He corrobo-
rated the testimony OF the preceding witness.
Nicholas Delayaine, of Baltimore, gave SINH
lar testimony.
s. S. Brooks, colored, testified that last
night he had a conversation
with Gassenheimer. The latter, he
said, called him and told him that Curry had
saw it in The STAR. Gassenheimer said: .You
know that you would not shave a colored nan
i'll your shop" Witness replied: Yes I
would,
If THE CoLoRED MAN COULD STAND IT."
uaugbter.l Gassenheimer said, You know I
can't serve colored men in my place."
Mr.. Rowe, in arguing theSase, claimed that
his client was entitled to an acqoittal He re-
ferred to the large crowd here at the time
to offer proof on that>point
MIR. Shillington said that as
prosecuting officer he was Obliged to
do his duty and prosecute all cases brought
before the courts under existing laws. There
are laws that he would never have enacted had
them. That. however, he said, did not enter
into the case. He thought that the proof was
suf1clent and he was entitled to a conviction.
JUDGE MILLER DIsMIssEs TEE CASE.
Judge Miller defined the law under which
the prosecution was brought, and reviewed the
testimony, which the court thought showed
that the refusal was made on account of the
pressure Of business, as was also shown by the
white witnesses who were refused.
The Judge said that whenever case was
properly made out the law would certainly be
enforced. The testimony, he thought did not
show that the refusal was made on account Of
color, and the case was dismissed.
1ndorsing Candidstes for Once.
John A. Rawlins post. No. 1, Grand Army Of
the Republic. last evening adopted resolutions
Corporal James Tanner for COM
Of pensions.
The coiored Baptist Ministers' association
last night indorsed the following for once:
Fred Douglass, recorder a deeds; John y. Cook,
collector OF taxes; A. n. Clapp, public printer.
The Harrison and Morton club held their
regular meeting at Brooksr's hall last evening
md, after an address by Mr.. sidney Herbert
ndorsed the name Of Mr.. Hazelton, -