Evening star., 1897-06-02
THE CIVIL RIGHTS LAW
Henry Bnnhaus, q Restaurant Keeper,
Charged With Violating Il
Attorney Jones, . Colored Lawyer,
the Prosecuting Witness-TriaI be.
gins before Judge KimbalI.

cof oar, VITA violating the civil rights act Of
June 10. 1873, was held this afternoon be-
fore Judge Kimball and a jury in the Police
Court. Assistant District Attorney james
L. Pugh. jr., prosecuted. while the defend
ant was represented by Attorneys Cook
| and. Riley.
During the hearing there were several
| Interesting passages between Mr.. Jones
and the attorneys for the defense.
The defense challenged the two colored
nae mbers. of the jury panel, and. white
men took their places. Prosecuting Attor-
ney Pugh explained to the jury that May
8 Mr.. Brunhaus, the proprietor of an eat
| ing establishment at the corner of 9th
street and Louisiana avenue refused to
serve Ihomas L. Jones, weil-bchaved and
respectable person, in the room in which
persons are usually served. Mr.. Jones was
told, however. that he would be served in
the kitchen. This, the prosecuting attorney
subterfuge to defeat the objects of the law
| OF June, 1873.
Jones Gives Testimony.
Mr.. Jones was the first witness He
| stated that the morning of the 5th of May
| he entered the establishment conducted by
| Mr.. Brunhaus, seated himself at table
and called for cup of tea and a sandwich.
The waitress looked at me in astonish-
| ment, continued the witness. "She in
formed me that I could get what 1 called
Tor In the kitchen. 1 then asked if was
refused accommodations where 1 sat, and
was again informed that 1 could get what
| l wanted by going to the kitchen.
After remarking that didn't know that
Mr.. Brunhaus made distinctions on ac-
count of color 1 proceeded to the kitchen.
1t was very dirty place, and refused to
eat there.
Later 1 returned in company with Mr..
Eugene ]. B. O'Neil. We seated ourselves
| at a table in the dining ROOM Mr. O'Neil
| was told that he would be served, but that
1 would have to so to the kitchen. We
thereupon left the place. 1 went there
solely because 1 was hungry and wanted
something to eat
Was Mr.. O'Neil drunk or sober?" Mr..
Jones was asked on cross-examination.
"As sober as ever saw man." was the
| answer.
You claim to be a respectable person?"
next asked Attorney Riley.
Il don't claim it, Mr.. Jones replied in
dignantly. Il am a respectable person.
Did you not recently have some trouble
with your church, and were you not elected
| after stormy session that lasted until the
early hours Of the morning?" the witness
was asked.
Il object to the question:" interrupted
Prosecuting Attorney Pugh.
I'VE do not want to get into side issues"
| remarked Judge Kimball.
But we do" responded Attorney Cook,
| with emphasis, land that is where we diff
fer.
| What was the question: asked the
| court. The query was repeated.
NO. sir; l was not elected from the
! church." Mr.. Jones answered, "and don't
you say that was, either
| scussion followed as to the pertinency
| of the question.
| ''The respectability of the witness is ques-
| toned" stated Attorney Cook. I'VE mean
| to show that he entered this dining room
| with person who was drunk That birds
| of feather flock together is principle Of
law
/ The question was overruled and the de-
| fense noted an exception.
Talk Becomes Personal.
| '1 warn counsel to be careful of what he
t insinuates," said ar. Jones a moment later,
| referring to Attorney Riley. 80.
Il shall not be intimidated by what you
| or any one else may say" replied Attorney
| Riley. Just understand that perfectly"
Let that be the last on both sides.'' or
dered Judge Kimball, severely.
Edmund Brockenborough, a special pO-
| liceman, who was in Mr.. Brunhaus' place
| of business at the time Mr.. Jones was
| there. the 9Th of May, gave testimony that
| did not vary in any essential feature from
| that of the preceding witness.
Mr.. Pugh thereupon announced the case
of the District closed, saying that he would
not call Mr.. O'Neil, who had been sum-
The defense endeavored to compel the
| prosecuting attorney to place Mr.. ONeil On
| the stand. but was not successful
WELL" announced Attorney Cook, 7 can
prove by Mr.. Pugh that ONeil was drunk
at the time in question"
In addressing the jury for the defense.
| Attorney Riley stated that the room re-
| ferred to as a kitchen was not objection
| able. Mr.. Jones, he said, was unduly sensi-
| tive, and it was added Mr. Brunhaus pos
| sessed the right to seat his patrons where
he pleased
DR.. George W. Walters. the first witness
| in behalf of Mr.. Brunhaus, stated that
| he takes his meals daily at the establish
| nent Of the defendant and often occupies
| the small room spoken Of as the kitchen"
| 1T Is clean." said the witness, and he mad
| no objection to occupying it.
Mr.. O'Neil was then called as a witness
for the defense, and he substantiated the
do you mean to say that you were
| sober that morningT' asked Attorney Cook.
Perfectly So" was the answer.
ibid you not tell me In my ONCE that
you were drunk, and that II you had been
sober you would not have gone there with
Mr.. Jones?" was asked.
replied Mr.. O'Neil. You tried to pump me
and l thought I might as well lead you
on
You say you were not drunk?"
I was not"
A recess was then taken.
Defendants Testimony.
After recess the defendant took the stand,
AA0 6talSu ludt may D Jones eutereQ MS
place Of business and asked for q sandwich
and q cup Of tea
'T asked II he intended to take the food
away or eat 1t on the premises. and he re-
piled that he would eat 1t there.
Il told him there was a place where he
could eat it." said the Witness He replied
that he would examine IT, and asked II It
was the kitchen. He then went out"
The witness, continuing, said that soon
thereafter another colored man entered and
asked:
Must I also eat in the kitchenr'
He was told by the witness that there
was q place where he could eat. Jones
next appeared In company with q white
man, and the waitress took an order from
the white man before the witness could a.
rect her to show them into the small room
''for," said MI. Brunhaus. II considered the
men equal"
II did not refuse Jones on account of his
color" continued Mr.. Brunhaus. In fact
servo colored people every day. have q,
special room for them. I think have q
right to designate seats for my patrons"
why did You show Jones into the small
r00mf' asked Attorney Riley.
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