The Bemidji pioneer., 1902-02-20

had occasion To go into the barber
shop then and there kept and managed
by the defendant, Smith, for the pur-
pose of paving for aud receiving a
shave. That the defendant, when the
Iplaintiif walked towards The barber
chair Of defendant, said to the plain
/ tiff, IL will cost you SIS 10 get shaved
here. have never shaved nfgger
and am not going to oeommencenoW.a 4
That the plaintiff asked the defendant
If he had refused to shave plaintiff
solely on the ground of plaintiffs s
color and that the defendant answered
"sYes.
The plaintiff called the defendant to
the stand for the purpose of cross-ex-
animation under the statute, and upon
the stand the defendant admitted that
he demanded SIS of the plaintiff as the
price Of q shave; that the ordinary
price for shaving was fifteen tl5l cents,
and that he said he told plaintiff that
he never had shaved a niger and was
not going to begin now. There was
some debate by counsel, rather acri-
monious, and also as to the definition
OF the word 'snigger'; and it was Of
fered on the part Of the defendant to
prove that he had nothing personal
against the plaintiff, and in support
of that proposition defendant desired
to prove that he came from q family
that favored abolition of slavery, and
that his father had foughtin the Union
army. The court over-ruled the no-
3tion and refused to admit such testl-
.mony. on the ground that it was not
relevant that it made no difference
under the issues IN the case whether
his father had served in the Union
army, or whether he had served in the
Confederate army, or whether he had
served in any army at all; thatthe son
would be responsible for his own acts,
Notwithstanding he may have had an
iliustrious parentage.
The evidence in this case tends to-
show that the plaintiff in this action-
and the court thinks the evidence does
show conclusiyely, that the plaintiff
in this action is a full-blooded negro,
born of slave parents in Richmond,
Va, that when a boy he was brought
to Washington Territory by his
mother, and when a little boy he was
dutifnl to his mother and labored and
fomnd employment at any work that
he got which was honorable; that he
saved, by means Of his labor and
thrift, money, with which to pay his
way to college,; that he attended the
University of Washington and grad
uated with the degree of Bnchelor OF
Arts; that thereafter in order to obtain
funds with which to complete his edu-
cation and obtain a profession, he
worked ASA sleeping car porter. run
ming from Tacoma, Washington, to
St. Paul Minnesota, and as a waiter
I in the Ryan hotel and other prominent
hotels, particularly at Niagara Falls,
Detroit, Michigan, and in Buffalo;
that he attended the law department Of
the University OF Michigan and re-
ceived the degreeof Bachelorof Laws,
and in postgraduate course, the de-
gree of Master Of Laws from that uni
versity; that he practiced his profess
sion as q lawyer for some years in
Chicago, Illinois, during much OF his
residence in Chicago having assisted
the Hon. Edward Morris in his large
practice in that city, and was assis-
tant South Town attorney in Chicago
for two terms; that in the year 1898 he
came to Minnesota and located at Be-
midi, and has ever since his arrival
in Bemidii enjoyed q lucrative and
large pr practice as an attorney AT law;
that he is a man that has accumul lated
some property, has his own residence
and office, and very respectable law
library; that prior to the alleged in
dignity which he received from the de-
fendant he had always, especially in
the state of Minnesota, been accorded
the full and equal privileges Of all
public places, hotels and accomoda-
tions; that he never had, prior to said
time, been denied the same privileges
that were accorded to white men.
1t also appears in the evidence, that
the defendant Is a man. OF moderate
means and earns his living in running
a barber shop.
In deciding this case the court is
aware that the issues in the case have
excited much public comment, and
that the audience attending the trial
has been large to such an extent that
it was almost impossible to accommo-
date the numerous people In the court
room. The case has been eloquently
argued by council on both sides.
Some comment was made by counsel
upon the fact that the Judge of this
court is a southern man, all of which
the court admits, the facts being that
this court was born atOcean Springs
upon the coast OF Mississippi; that his
father was a banker in New Orleans
prior to the war, and Instantly owned
slaves-a matter which at that time
was considered legal and right by the
slave owners; but this court has Gbeen
educated In the north what little edu-
cation he has) and has long since re-
GREETED that there ever was such a
thing as slavery, and he desires and
has always desired to see the co1ored
man, the black man, receive equal
rights under all conditions and Cir
cumstances with the white man.
Now, the defend ant says that he said
he never shaved a niger and didn't
| intend to commence it now. Now, it is
commonly known that the word 'tnig-
ger, vulgar word OF itself, is used
in connection with reference TO the
negro race. The remark being gen.
enally intended to degrade or lower
that race. Just as much as that is sc
as the word f'dagon is used In refer.
ence to and intent TO degrade certain
| of the Italian people.
From the evidence, as it appears tc
the court, there is large difference
between the financial standing of the