The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-06
WITHAJURY OF WHITE MEN.
THE EDITOR OF THE "AGE" SUING
ron tfO,OOO DAMAGEA

They wouiA Net Sell His 1sser ~ TrstnsvIs
Because 90 MS Color, Re Says, asa he
was Arrestsa fsr Diser<eriy Ccnasct
With Jury Of white men Justice Truax Of
the Supreme Court began The trial yesterday
OF the action OF 7. Thomas Fortune. the col.
ored editor and part owner Of the New York
Age to recover $1,000 damages from James
Trainor. proprietor Of Trainor's hotel and cafe
at Thirty-third street and Sixth Avenue. be-
cause Of the plaintiffs ejectment and arrest
after drink az the bar had been refused him.
Mr. Fortune, who sues under the civil rights
provision OF the Constitution. was represented
BY three oolored lawyers. F. McCants Stewart,
D short and very dark colored man with side
whiskers: Col H. Jacob Blmms. tall and mod
erately dark and with white hair. and ID. Macon
Webster. OF medium height and about % dark
as eimms. These counsel were confronted BY
julius Lehman and the Arm OF Levy. Friend d
House. representing Mr.. Trainof
Lawyer Stewart. in opening the case. said
that Mr.. Fortune had been insulted assaulted.
arrested. and imprisoned because Of his color.
and for asking public officer. an employee Of
Mr. Trainor. to do public service. he had been
arrested BY his assistants Mr.. Trainor had
repeatedly refused to servo colored men. and
had even prohibited the bootblack In front Of
his premises from shining the shoes Of colored
men. Tho defence Of Mr.. Trainor that Mr..
Fortune was disorderly Was subterfuge. Ac.
commodations were given to colored men at
the Fifth Avenue Hotel the Hoffman House.
and many other hotels superior to that OF Mr..
Trainors. The question involved was not ono
OF social rights. but rather OF civil rights.
said seS wnsss q ss as
o. June 4. 1874. which was very yerm day.
was coiored man. 10 which. Mr.. Fortune.
fSSs 3 1Ss af Sasasss Serve M, or
Tho bartender turned away. saying that he
rested e sids room: Is sssea ioS u AZ ssps:
Rea 81 h se Tdns % the e %
hss SfSrdo were not
e 60: spd Nj: Ennis called In Policeman
MI. Fortune testified that he heard an aside
IL which the former said he could not arrest
mr. II hS PsS but son S s re- x h
se!seS On either sids y l Emit. ana r SS:
hustled ont into the street whore o'connefl
srse aHs ef h fssss ndsr
BAL to answer charge OF disordery conduct.
Or op & IL ssna ta
would not 90 he was carried by three police
mon. He Jaw but one colored face among tho
to get bail. He secured. bail after three hours
infringement IN what he described az e filthy
tice Hogan at Jefferson Market Police Court
=, He was under physician's care for q week
thereafter and paid his physician $50. He
ing s125.
On cross-examinatlon Mr. Fortune denied
wipe up the door" with any one who laid
hands En- him aI He does S, not use slang he
lighted a cigar when told BY MI III. Ennis Inn ITO to
leave the saloon. He also denied saying to
Mr.. Ennis. I will stay and ornament this
When asked, why he did not leave the saloon
when requested to. he said that he had as
there was nothing else for an honorable citizen
to do but remain. He had not swaggered
about the place whom he secured light Tor his
fhe case will be continued to-day.