The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1937-12-17

c0l0fpd boys from leuaIViict pHio,
the same order which |
they had previously ordered. Inc
white man paid exactly eleven cents
for his malt shake, and drank his IN
the place. The colored boys were
ordered out with theirs, and when
thcy refused, she kept the dollar bill
one Of the young men had given her
FOR both malts. The women then took
their names and addresses, and also
the mans, and asked him It, and
when this case ever came 70 court,
would he testify as to the amount nc
paid for his. He stated ne would
be Glad To, and that he expressed TINS
as the worse thing he had ever heard,
and especially on such day as TINS.
The ladies then oil Saturday morn
ing, at q o'clock, went to the prose
eutors Office and insisted upon
few minutes with him, and explained
Ire happenings of the previous alter
noon and about their seeing the ex-
aef amount white customers were
rs .ino Affidayits were filed at once,
and both women accompanies the
prosecutor to the police department
q, he sure the clerk had the correct
ormation, and that the warrant
Miss Barron's arrest as the en-
q of the r. d. Cosmos Ice Cream
sas granted. Upon SO dong,
took with them a copy OF the
General Code Of Ohio as TO the 1lVii
Riphts Bill, General Code l2940-4l-
Tbcv showed it to the chief Of poilee
and others who found it all rather
new to fhem. The hearing was then
sct for Monday at . am At TINS
time. tie manager and Miss Barron
we're present. MI. Cosmos stated
| H. had not lad time 70 get a lawyer
and il was all news to him. Jet on
| Friday night If the fifth, he had
seen down to the store and left fhe
money lie had oyercharged the col
ored patrons. But no one received
| heir change or knew that.
The case was put off until We'd
nesday it 0 am, November 10, So
Il. decided to have the prosecutor
I'm - ~ ~, leading colored law
sears on the case (charles T. Points,
H. instructor il Wilberforce UNI
sersjty and practicing IN Aenla)' II
tbe meantime, Miss Elsie Austin, as
sistant attorney general Of the state
81 ohio. Hughes Of Columbus, ana
others had heard Of the case ana
yere on hand for the hearing. but
IL the late afternoon, Tuesday, No
] yember q. the case was called OH
.oain and the defendant asked Tor
! trial by jury and the date set fof
Friday, November j z, IN the MUM
eipai Court. By this time, the case
had attracted many people from
surrounding cities; hence there was
10 way Of letting them know that
lie case was discontinued, and on
! Wednesday, the court room was
4 crowded with visitors, not knowing u
Was 10 be later. They found it m
i convenient and hard to return with
, out hearing the case, but not dis
couraged, they poured back Friday
The court room on Friday was
/ packed to overflow. More and more
chairs were added, and finally the
municipal judge, f. l.. Johnson ASK
ed of the commissioners, PERMISSION
To hold court in the Common Plea
Court Room in the County Couf
House where he was sure there Wouit
b sufficient room. BY the time tn
permission was given, the spectator
and interested citizens had lett 10
tba other building, and before the,
were all in and seated, many ha
ioined the throngs, and again IN
court room would not accommoaal
i the crowds. They were standing
the corridors and in the doorway
But even so they were orderly an
. quiet. There was no commotlon 9
disturbances. 1t was the first tim
III the history Of Greene County tns
) trial in the Municipal Court was
large that it was necessary to NOV
to another court room. On frida
morning. the crowds began to arrlS
early and at $50 am. prompti,
there was no room. The slxtee
;urcrs that had been supoenoed wei
nut In the chair and individually eS
amined. Out Of the list Of 81 on
one was eligible, and finally, afts
an all-day examination, twelve wei
! seated III S pm. Out of that lot.
one time. the jury was SIX TO 81
4 Then at IS pm, there We're only tnfs
, colored seated. This was also II
first time in this county that MOI
/ than four colored iurymen had ev'
been seated at once.
II On Saturday, the trial began
; | full force and the testimonies wei
heard as well as the defendant, Mi
Barron and r. b. Cosmos. On Il
!, stand ha stated he had discourage