The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1937-12-10

| ordered out with theirs, ana WheH
they 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 il, and
when this case ever came TO court,
would he testify as to the amount ne
/ paid for his. He stated he would
be glad to, and that he expressed this
as the worse thing he had ever heard,
and especially on such day as this.
The ladies then on Saturday morn
/ ing. ut 9 o'clock, went to the prose-
cutor's office and insisted upon a
few minutes with him, and explained
/ the happenings of the previous after
] noon and about their seeing the ex-
! act amount white customers vert
| paving Affidavits were filed at once,
/ and both women accompanied the
prosecutor to the police department
! 10 be sure the clerk had the correct
1
| information, and that the warrant
| for Miss Barron's arrest as the EN-
piovee Of the p ID. Cosmos Ice Cream
! Co, was granted. Upon SO DONG
they took with them a copy of the
/ General Code OF Ohio as to the Civli
Rights Bill General Code l2940-4l.
They showed it to the chief Of police
j and others who found it all rather
new to them The hearing was then
| set for Monday at 9 am. AT this
time, the manager and Miss Barron
were present. Mr.. Cosmos stated
| he had not had time to get lawyer,
and IL was all news to him. Yet on
| Friday night of the fifth, he had
been down to the store and left the
money he had overcharged the col
orcd patrons. But no one received
| their change or knew that.
The case was put off until We'd
nesday at an, November ~, SO
We decided TO have the prosecutor
call one of our leading colored law
years Oil the case (Charles r. Points,
/ ~. instructor lii Wilberforce UNI
versity and practicing IN Xenia). In
the meantime, Miss Elsie Austin, as
sistant attorney general Of the State
of Ohio, Hughes Of Columbus, anu
others had heard of the case and
were on hand for the hearing. But
IN the late afternoon, Tuesday, NO
vember o, the case was called on
| again and the defendant asked tor
trial BY jury and the date set for
Friday, November IL, in the Mum
cipal Court. BY this time, the case
had attracted many people from
surrounding cities; hence there was
no way of letting them know tnat
the case was discontinued, and on
Wednesday, the court room was
crowded with visitors, not knowing IT
was to be later. They found 1t m
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 we're added, and finally the
municipal Judge, +. l.. Johnson, ask
ed of the commissioners, PERMISSION
to hold court in the Common Pleas
Court Room in the County Court
! House where he was sure there would
be sufficient room. BY the time the
permission was given, the spectators
and Interested citizens had lett Tor
the other building, and before they
were all IN and seated, many had
ioined the throngs, and again the
court room would not accommodate
| the crowds. They were standing III
| The corridors and in the doorway.
| But even SO they were orderly ana
| quiet. There was no commotIon or
| disturbances. 1t was the first time
| III the history of Greene County tnat
4 trial in the Municipal Court was so
| large that it was necessary to move
| TO another court room. On Friday
morning, the crowds began to arrive
], early and at $50 am. promptly,
| there was no room. The sixteen
iurors that had been supoenoed were
| mt in tie chair and individually ex-
| amined. Out Of the list of 38 only
one was eligible, and finally, aftcs
an all-day examination, twelve wefs
| seated at 5 pm. Out of that lot, al
one time, the jury was SIX to SIX.
, Then at s. pm, there were only three
colored seated. This was also the
first time in this county that more
/ than four colored jurymen had ever
been seated at once.
! On Saturday, the trial began n
| full force and the testimonies were
heard al we'll as the defendant, MISS
/ Barron and p. y. Cosmos. On the
stand, lie stated he had discouraged
| the colored trade NOW, and he hao
told Miss Barron If any drunks q
disorderly persons came in to dispose
of them. When asked if either q
these women were disorderly, all tes-
timony was that they were orderl,