Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-09-28
A CIVIL RIGHTS CASE.
Harvey, the Restaurateur, Not Guilty of
Refusing to Serve Colored Men.

MR.. JOHNSON, THE coMPLAISANr. TELLS HIS
STORY AND Is coRRoBoRATED BIZ NEBRASKA
JUsrIcE-THE DEFENSE SHOWS DIFFERENT
STATE OF THINGS.
The case of George W. Harvey, the restau-
rant keeper. charged with violating the act Of
June, 1873. as heretofore Published in The
STAR. was called for trial in Judge MiIler's
court before jury this morning.
The prosecution was brought under the act
mentioned and charged a refusal on the part of
the defendant to serve one VIM. johnson. the
said johnson being well-behayed and respecta-
bic person.
Mr. Johnson, as heretofore published in THE
STAR, Is a colored man and is pas: commander
OF the Ihaddeus Stevens Post q. A. r.. of New
YORK city, and he charged that when he went
INTO the defendants place to get some oysters
the walters refused him for the reason that he
was colored man.
MOTION TO QUAsH.
Col. ". A. Cook appeared for the defendant
and made motion to quash. He called for the
law under which the prosecution was brought.
Mr.. French, for the District. thought that
counsel was not entitled to the law and he also
said he knew that Col. Cook had seen the law
because he had borrowed a copy of 1t from Mr..
Thomas.
Col. Cook replied that Mr.. French knew no
more about what he had seen than the man in
the moon knows about the coast of Africa.
The court said that counsel was entitled to n
copy Of the act and n short recess was taken 10
give counsel Time TO procure the copy.
The law was produced and Col Cook read the
several sections of the act all of which referred
to licensed restaurants. He read the act of
1872, known as the civil rights act. and said
that the act under which the prosecution WAS
brought was really enacted for the regulation
OF prices. Counsel argued that the inforna-
ton as filed failed TO charge what constitutes
al offense.
THE MOTION ovERRULED.
Judge Miller read the law and said ne thought
the law to provide against discrimination.
The legislators well understood that a man
could instruct his walters to charge excessive
prices and thereby keep persons out of the
place, and therefore they stipulated that the
prices should be stated. The court thought
that the act of 1873 repealed that of the pre-
vlous year, which is known as the civil rights
law
The court overruled the motion to quash and
Col. Cook noted an exception.
The jury was called and counsel for Mr. Harvey
excused two colcred men who were called Mr..
French then questioned each Juror as to
whether a just verdict would be rendered. aud
the jury was then sworn.
MR. JoHNSoN's STORY
After making his opening statement to the
jury Mr.. French called the prosecuting wit
ness, Mr.. johnson, to the stand. He WAS
dressed in his G. A. r. uniform. with his
breast covered with badges. He told of his
visit 10 defendants place Wednesday evening.
He went there at the invitation of some friends
TO get some oysters.
He sat down and colored waiter came over
to him and said he could not serve him. An
other waiter told him TO serve witness but the
fret waiter told him that he knew his business;
that 1t was against the rules of the house TO
serve colored people and he would rrot serve
him. He went to the cashiers desk. but with
no better success. Witness said that he went in
there with his friend. Mr.. Alexander, also
colored, and they were the only colored persons
In there except the employees He concluded
his direct examination by saying that some of
his white comrades ''reared up and became in
dignant.
CRoss-EXAMINED.
On cross-examination witness said that while
he was in the place some of the tables were
vacant. The man who appeared to be the floor
walker was going to put linn ont. He was not
told that the seats where he and his friend sat
down were engaged until he went to the
cashiers desk. 1t was about ii O'Clock
IN the evening when he went to
the restaurant. Witness when questioned said
for non-service was that he was colored man.
He used no bad or abusive language and did
not say that be was as good as any - - white
man His white comrades, he said. took
his part without his having to say
anything to them about being refused
One of the comrades. he said, go. up and asked
what the trouble was, and when witness told
him he told witness that they didn't serve
colored people in there. Witness created no
tronble in the restaurant, but told his COM
rades to keep quiet, that he knew what was best
to do.
JUSTICE HALVES OF OMAHA.
Ex-Police Justice Patrick o. Halves of
Omaha was next called. He said he was a little
deaf and it required some exertion on the part
of Mr.. French to make him hear.
He was in Mr.. Harveys place. and the re-
fusal TO serve Mr.. Johnson riled him. as lie had
come here as a cOmrade and wanted something
to eat. Il want to say said witness. that
Mr.. johnson never used an oath in there. If
there was any swearing done there did it,
AS a matter OF fact" said Mr.. French, did
you use any profane ianguage?''
YES he replied. Il think / did"
Witness explained how his attention was at
tracted to Comrade Johnson. He went with
him TO the cashiers desk. ard was told that
colored men were not served there.
ANXIOUS TO GET HOME
Witness gave his name TO somebody. .'and. 4"
he said, ito my surprise was summoned as a
witness. have been here tor a week and am
anxious to get home
The foorwalker wore G.. A. R. badge and
witness told him to give Johnson something
to eat or take off his badge.
did anybody except the gentleman from
Omaha use any profane language?" asked Col.
Cook.
He remained here to testify in the case be-
cause he thought johnson had not been
properly treated.
I'm not much stuck on social equality my
self" said the ex-judge, for I'm able to take
care of myself
He thought if there vas one thing that COW
cred multitude of sins it was being an old
soldier.
Witness said he returned to Mr. Harveys and
looked for the colored man, but could not find
him.
Then" said counsel. lyon made voyages of
discovery that were fruitless?"
al guess that's what they might be called"
replied the Omaha citizen.
MERCER ALEXANDER.
After recess Mr.. French called Mercer Alex
ander, colored. who was with Mr.. johnson last
Wednesday evening He testified that they
went in the place and stood at the bar for
awhile and as no one waited on him he pulled
out chair and sat at q table. One of the
walters told him that the places we're engaged
Then they went to the cashier and were IN
formed by him that colored persons were not
served in there.