Year: 1871

u s. Circuit Court The case of Hem
ry Smith vs. City of Richmond was heard in
this Court yesterday. This is a suit for the
value of LIQUORS destroyed at the store of
plaintiff, on the corner of Cary and Virginia
streets, in this city, on the evening before the
evacuation by the rebels, on the Sd dav of
April, 1865, under a resolution of the City
Council, passed that evening, in anticipation
of the entry of the Federal forces The de-
fendant demurred to the declaration, which is
on a contract, on the ground that the contract
to pay for all liquors destroyed by the commit
tee appointed by the Council to destroy the
same had lot given receipt therefor, as re-
quired bv the resolution referred to. The
Court held that the receipt was not part of
the contract, but merely required as evidence,
and overruled the demurrer. The defendant
thereupon moved for leave to file special plea
setting forth that as the liquors would have
been destroyed anyhow by the fire which af-
forwards destroyed that part of the city, that
the liquors were en- tirely worthless, and con-
sequently the plaintiff could not recover; that
the value must be assessed at its value in
Richmond under those circumstances. The
plaintiff also demurred to this plea. The
court, 10 sustaining the demurrer, remarked
that all liquors in the city at that time were
situated alike-the liquors in stores in the
burnt district we're as valuable as those in
parts of the city not destroyed, and the fact
that an article is afterwards destroyed does
not decrease the value at the time it was de-
stroyed by order of the Council, The plaintiff
claims damage to the amount Of So, 800. The
case was submitted to the court without the
Intervention of jury. 1t will probably be
decided before the adjournment Of the court


The case Of James M. Simms vs Richmond,
Fredericksburg and Potomac Railroad Co. and
the Washington and Potomac Steamboat Co.,
was before the Court to-day. This is a suit
brought by a colored man against the Company
for ejecting him from the first class cabin to
one on the lower deck of an inferior character,
on board the steamboat "Keyport," Captain
Hollingshead, between the City OF Washington
and Aqua Creek in this State.


The plaintiff testified that he was resident
of Savannah, Georgia, was member of the
Legislature of that State, and having been
appointed member of a committee to visit
Washington on business connected with the
State, had been in Washington, and having
made his arrangements to return, he applied
at the ticket Office for ticket to Savannah,
Georgia, and remarked to the agent that if the
first-class ticket would not protect him from
insult and indignity, which he had experienced
on other routes, and on the southern part of
this route, he would purchase secoud-class
ticket. aa


The agent assured him he would have no
reason to complain and that he would be



through ticket to Savannah for $50. This was
on the 10th of February, 1869. The next
morning he went on board the "Keyport," and
seated himself in the cabin on the upper deck
set apart for first class passengers. Afterward
walking forward, he met gentleman whom
he took to be the captain, who told him he
ought to go bellows Simms replied that he was
very comfortable where he was, and thought
he would remain. The captain then told
him he must go, and took him by the collar
and hand and forcibly elected him from the
cabin down flight of steps to the other deck
Simms refused to go into the cabin designated
by the captain as the proper place for him,
and remained on deck exposed to the weather
for more than three hours, until he reached
Aqua creek.


Evidence was introduced by the defendants
to prove that the place into which the plaintiff
was forced, was ia all respects as good in &C.
commodations as the saloon on the upper deck,
and other testimony as to the liability of the
differ ent companies sued. The case is still be.
ing heard as we go to press, but will probably
be concluded to-day.