Richmond planet., 1907-07-06

Justice Crutchfield rendered a de-
cision in the postponed case of James
Y. Gordon, charged with not NOV
ing his seat. in street car
when ordered TO do so by a
conductor, this morning finding
Mr.. Gordon guilty and imposing
fine of $40 and costs. Through
his attorneys, II. II. Pollard and
James Cannon. Mr.. Gordon took an
appeal and will carry the case to the
hustings court.
Tho case has caused n tremen-
dous amount of comment and inter
est not only because of the promi-
inence OF Mr.. Gordon, his position
at the head of the chamber OF COM
merce and the character OF the man.
but also because of the far reaching
cdect OF n decision in the case. Ac-
cording 90 the statute, IL Justice
Crutchheld had not found Mr.. Cor
don guilty the Jim Grow car law
IN regard 20 street cars would
have been seriously affected by
the decision in this city. Mr..
Gordon would not move his seat be-
cause he was smoking, the two smoS
ing seats were filed with Negroes.
and there was no colored applicant
Tor n seat on the Deucn.
III he were allowed 20 sit in what
is considered the rear seat in the
car, the two smoking seats not count
ed, any cOlored man might sit in the
forward part of the car and so long
as there was no applicant for a seat
on the same bench with him, al
though there might be ladies In
front and behind him, he would not
have to move.
Justice Crutchfeld thought over
the case for several days and got the
opinions of several leading lawyers
OF the city before he rendered the
decision. The following is the writ
ten statement sent to the police JUS
tice by Mr.. Gordon and which was
accepted by both sides as a true de-
scription of the case. Before he ren
dered his decision this morning
Justice Crutchfeld said that IL was
the clearest and best statement of
~the kind he had ever seen and was
almost TO the letter exactly what Mr..
Gordon testified to when on the
stand.
In the Police Court of the City Of
Richmond
Commonwealth
James R. Gordon.
Evidence of James r. Gordon sub
mitted in the police court on trial
of case on June 90, 1907.
A few minutes after four o'clock
yesterday afternoon at the corner of
Seventh and Grace Streets / took a
car of the Clay street line going east
entering the car behind Mr. John
Pickrell and pa1sing by him and
taking seat near the eastern end
Of the bench. This bench was the
third one from the rear of the car,
which was an open summer car. Mr.
Pickrell and I were both smoking at
the time and I observed that the two
rear seats in the car, which / had
understood were reserved for smok-
ers under the rules of the company,
were packed full OF Negroes, none
of whom, am confident, were smok-
ing.
The car left the corner of Seventh
and Grace and between that point
and Seventh and Franklin the con-
ductor came and collected our fares.
Made no objection to our being seat
ed where we were. We went to
Seventh and Main, where I believe,
one, two or three of the Negroes got
Off of the car. After the car left
Seventh street, and before IL had
reached Eighth street, saw the con-
ductor to go to the end of the bench
and speak to Mr.. Pickrell.
There was some conversation be-
tween them, but I did not catch a
word of the conversation, except that
4 heard. thought, the word
smoke" not knowing, however,
whether uttered by Mr.. Pickrell or
by the conductor, but suspecting