The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-06-02
Lunch Room Keeper Brumhaus
Tried Before a Jury.
ONLY FEW WITNESSES HEARD
The Defense Shows That the Room
to Which the Accused Was Direct
ed Was Frequented ny Whites as
Well as Colored People-Lawye
Cooks Painful Surprise.

was brought up for jury trial before Judge
Kimball this morning.
When asked if the jury were satisfac-
tory, Lawyers Reilly and Cook, for the tie-
fene, challenged Messrs Gray and Giles.
the only two colored jurymen, who were
thereupon excused and others called N
their stead Attorney Reilly then stated
to the court that the defense desired 10
withdraw the demurrer previously sub
mitted, and to plead not guilty.
Prosecutor Pugh, in opening the case.
said that Re expected to prove that tie
prosecuting witness, Thomas l.. Jones' had
gone into the defendant eating saloon, at
No. BIT Sixth street northwest, on two
occasions, and both times the latter had
refused to serve him with the food which
he ordered in the dining room. In which
meals were served.
He then called Mr. Jones to the stand
The witness said he had gone into the eat
ing house on May Is, and asked for cup
Of tea and some toast
The waitress looked at him in wonder
ment. anG after minute said that he could
not be servedin that room, but must go TO
u little side room, which she designated as
a kitchen He boxed into the room and OBJ
served tEat IL was very dirty, and that the
table in II was filled with unwashed dishes
and dirty table linen He then left the es-
tablishnent.
He returned within few hours, this time
accompanied by Mr.. Eugene O'Neal. He
was again refused and went out.
why did you take Mr. O'Neal with
you the second time?" asked Attorney
Reilly on cross-examination.
II wanted CorrobOrative evidence"
What did you say 10 Mr. Brunhaus when
you were refused"
Il told the proprietor that I didn't
know ne made distinction on account Of
color"
you claim to be a respectable person,
Mr. jones'"
81 don't claim TO be l am"
weren't you expelled from your church
some time before you went into this place
after protraGted meeting of the congre
gation?'
District Attorney Pugh objected to this
question, aud the objection was sustained
by the court, who remarked that they
didn't want to go into side issues.
Attorney Cook. I'VE propose to show that
Mr. Jones misconduct was a matter OF
public knowledge, and that our client, act
ing on this knowledge, refused to sell
him" Attorney Cook then noted an ex-
ception To the ruling OF the court.
Did you not give a collector named Jones
valueless check for S1?" was the next
question asked.
Il obieCt!" here again exclaimed Mr.
Pugh.
1t seems to me-" said the court, that
the words 'weilbehaved' and respectable
as used in the civil rights statute apply
at the time and not as TO previous char
acter"
NO, Sir" interrupted Mr.. Jones, "8nd
anyone who questions it will answer TO
me"
III have il understood" said Mr. ReiI-
iy, that | am not afraid OF MIR Jones
or any other man, and I am not TO be
intimidated from doing my duty to my
CLIENT
Mr.. Brockenborough, colOred special
policeman, testified that he also went
into the lunch room on the day in ques-
tion, and that the waitress refused to
serve him in the general dining room.
This was the last witness for the prose-
cution.
Mr. Reilly, for the defense, said to the
jury that his client expected to prove that
the room into which Mr.. Jones had Teen
requested to 90 was one used very fIe-
quenlly 10y Mr.. Brumhaus and his patrons
that MI. Jones, for some reason. wanted
TO eat in the large room, and that the pro
prietOI IN sending him INTO the other room,
which was not a kitchen, only used such
discretion as was allowed him by law as
to what part OF his establi shmenu Ire shah
serve his patrons.
The first witness for the defense was
Prof George s Waters, who testified
that he had often eaten in the room into
which Mr.. Jones had refused TO go. The
larger room, however. was the general
dining room.
The evidence given by Lawyer Eugene
O'Neal, who was summoned by the re
fensc, was somewhat of surprise, as
it was very much in favor of the prose
cutiom. He testified to the facts sub-
stantially the same as the prosec Iting
witness, Jones. and when he had con-
cluded Attorney Cook asked:
Were you drunk or sober at the time,
Mr.. O'Neal?"
Il was perfectly sober
But persisted the attorney, with
look Of panied surprise upon his face. did
not you tell Mr.. Reilly and myself in my
office that you were drunk at the time or
you would not have done what you did?"
oh" answered the witness, Il told
you good many fairy tales in your office.
When you and Mr. Reilly were pumping me
l saw that you had discovered several
mares nests. and thought 1 would help
you along"
At the conclusion of Mr.. O'Nears testI-
mouy the court took a recess Of thirty five
minutes.
When the court reconvened at 80 |
o'clock Mr. Brumhaus took the stand in |
his own behalf. He stated that when |
Mr.. Jones came into his place on the day |
in question he gave his order and sat |
down at the counter in front The Wit |
ness told him. that he could not eat there, |
but designated a private room which was set |
aside FOR private purposes.
''W1ll you state why you ordered Mr.. |
Jones into this room?'
customer, and thought 1 had a right to |
place him where pleased
after this war; ant was sworn out was |
there an effort to compromise the matter /
for a money considerations
Mr.. Pugh objected to this question on the |
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