Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-12-11
TECHNICAL GROUNDS
Cause the Dismissal of a Civil Rights
Case.

Fountain Peyton and John A. Moss, COL
cred members of the bar, are not on
friendly terms, and their unfriendly feel
ing was exhibited in the Police Court to-
day in such a way that Lawyer Peyton
came near having to pay some of his
Christmas money into the Golfers of The
court. John NJ. Hale, who keeps a dininS
room on eth street northwest near the
corner of l. street, was on trial, charged
with viola ting what is known as the civil
rights act of the legislative assembly
Lawyer Moss defended him. Lawyer Pey
ton was the prosecuting witness, and his
complaint was that the defendants en-
ployes refused to serve him pork chops
and coffee in the dining room where other
people are served. He complaiLed that the
young lady witness wanted him to sit in
the rear of the room near the kitchen,
behind a tall screen, and refused TO serve
him in front of the screen.
After telling of his visit to the place and
the conversation he had with the waiter,
witness said II concluded that"
Never mind your conclusions" said
Lawyer Moss, Just state what happened"
You shut your mouth" the witness said
to counsel.
"Mr. Peyton." said the court, "you are
fined s. for contempt of court"
your honor" said Lawyer Peyton from
the witness stand, there's bitter feel
ing between Mr.. Moss and myself and
THAT bitter feeling Is not to come out
in this court" interrupted the judge. You
ought to have more respect for the court
and yourself than to make use of any such
language"
Witness then went on to say that he had
been told that Lawyer Moss volunteered
to defend the case for nothing i'm order to
get a chance to get back at him Peyton).
THAT makes no difference" the judge
said. IF Mr.. Moss is willing to defend
people for nothing that is his business
But" said Mr.. Moss, Il was regularly
employed and paid"
That's So" added the defendant.
Lawyer Peyton then apologized to the
court and Mr.. Moss, and the fine was re-
mtted.
The defendant testified that he had rent
ed the place some months ago to lis niece,
whose husband is now in the hospital. He
was in Philadelphia at the time the alleged
offenSe was committed.
Mrs. Katie Edwards, the niece, testified
next. She said she made no distinction on
account of color On the occasion charged,
she said, she expected her regular boarders.
She said that colored customers sit at
any table in the house, and Lawyer Moss,
she said, had been served in there num-
Der of times
Judge KimbalI examined the witness
concerning her regular boarderS, but she
was unable to give their names. She ad-
mitted that the screen was put there be-
cause it was intended to have colored peo-
pie sit behind it.
Lawyer Moss then arose to argue his
case He contende1 that the proof was
not sufficient to convict his client. anC
argued that the case was brought on the
line of many others that have been in
court before. He told of an incident in a
hotel barber shop some years ago when
Frederick Douglass went there to get
shaved.
when he was refused" said counsel
che got up like a sensible man and walked
out Only an hour later the proprietor of
the barber shop went to Harvey's to get
Lunch, and because he was refused he
brought suit
JUICE Kimball spoke of the law and the
proof and dismissed the case, for the rea-
son that the ownership was not proved.