Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-11-05

A YOUNG ENGLIsHMAN WHO AFTER PRosPrRryo
AS FARMER MARRIED WOMAN OF NEGRO
BLooD-THE VALIDITY OF THE LAW AGAINST
SUCH MARRIAGES TO BE TESTED AT THE TRIAL.
case that is likely to attract much atten-
ton and which is Of interest to persons in this
city is soon to occupy the attention of the court
OF Liberty county, Georgia
The case is that of the state of Georgia
against Charles Tutty and wife for alleged vio-
lation Of the revised statutes of the state reat-
ing to mixed marriages.
The defendants will be represented by Messrs.
]. Parker Jordan and E. NJ Hewlett of this
city, the latter being a colored member of the
bar.
Many years ago Charles Tutty, who is an
Englishman, came to this country with his
brother William and made their homes in Lib
erty county. By hard work and economy the
Tutty brothers accumulated considerable
wealth.
'h' III CoURTED coLoRED Girl.
Some months ago Charles Tutty. the younger
brother, fell in love with and courted young
colOred woman. Her name was Rose Ward.
She was good looking and well educated. By
diligent exertions and strict attention to bust
ness the young woman had acquired money
enough to make her independent. The law
prevented the couple from joining hands in
holy matrimony in the state of Georgia.
On bright sunny morning Charles Tutty
and Rose Ward left the county of Liberty on a
train from Savannah, in the face of the law,
and came to this city, where they knew they
could enter into the bonds Of natrimony with
out fear Of law.
MARRIED IN THIS CITY.
Two days after leaving their home they pro-
cured for dollar at the court house in this city
a license authorizing any minister of the
gospel to pronounce them husband and wife
after going through the necessary prelimi-
naries.
In due time the couple were married and re-
turned to their old home only to meet the
frowns OF people in whose smiles they had
so often found favor. They had not been
home long before the grand jury for Liberty
county met and the state solicitor laid before
its members an old law, which prohibits mixed
marriages under severe penalties, and which,
being sternly invoked, fastened the grand Jury
to make a presentment on which the court
could enforce its provisions should they apply
to the case.
INDICTED IN GEORGIA.
Tutty and his wife were summoned to ap-
pear in court After giving bond they feared
that violence might follow social ostracsm and
again they came to this city. Under the adj
vice OF friends they sought the counsel men
tAOucO auu eiupiOyeu tuen 10 look AFTER the
case. That was during the past summer and
counsel went at once to Savannah and had the
trial fixed for this month. They were kindly
received by the court. The Judge after speak
ing of the law assured counsel that the defend
ants would have a fair and impair tial trial by an
honest and unprejudlced jury. At that session
the presiding judge said that there was a law
in the state which forbids, under severe penal
ties, mixed marriages, the wisdom of which,
the judge said. was not for him to discuss at
that time. Counsel learned that during the
temporary absence of their clients their bond
had been forfeited. The solicitor general
kindly agreed to have the forfeiture set aside
and promised that Tutty and his wife would
not be molested again before the hearing of
the case.
TO BE TRIED THIS MONTH.
The trial is set fur the 18th of this month and
counsel for the defendants will leave here in a
few days in order to prepare their case before
the meeting of the court
The trial will no doubt be an interesting one
as questions Of importance will be argued
Counsel will attack the validity Of the law aud
argue that the legislature had not the power to
determine whom a man a citizen Of the state
shall marry. Counsel will also contend that
the enforcement of such law is an invasion
OF mans personal liberty and is therefore
void
The solicitor general for the state will, no
doubt, respond, contending that the law is
valid and should be enforced.
NICE WEATHER. Enp DACvNr