Charlotte Brown court transcript

District Court of the 12th Judicial District - Charlotte L. Brown vs the Omnibus Rail Road Company Jan 17, 1865

Plaintiff sworn on April 17, 1863: (Evidence taken under direct examination) I started from home for the purpose of visiting my physician on Howard St. On going down Filbert, when one of the cars came along and the driver hailed me by giving me a signal of raising his hand. I returned the signal, the car stopped and qot in. It was 7 or 8 o'clock pm. I entered the rear platform. The car then started immediately. There were 3 passengers in the car at the time I entered, two gentlemen and one lady. I took my seat about midway and on the left hand side. I rode to the corner of Jackson and Stockton, Betw Union and Greene, the conductor went around to collect tickets and when he came to me I handed him my ticket and he refused to take it. It was one of the omnibus RailRoad tickets, one that I had purchased of them previous to that k time. He replied that colored persons were not allowed to ride. I told and him I had been in the habit of riding ever since the cars had been running. He answered, colored persons are not allowed to ride and I would have to get out. I answered that I had a great ways to go and I was later than I ought to be, At the same time he pulled the strap for me to get out, I said I would not get out.

He then pulled the strap for the car to start on, telling me that I would have to get out further on. They next stopped to take on a lady passenger, and when she was being taken on board, the conductor told me again that I must get out. I then told him positively I would not get out. The car started again and went as far as Jackson and Stockton Sts, and betw. Pacific and Jackson Sts,the conductor wake walked through to the driver. The conductor's name was Denison. After speaking to driver he (the conductor) came to me and told me I must get out and took hold of me. The car had then stopped to take someone else in, at or near the corner, and I then asked him if he intended to put me out and he said yes, and at the same time let me out and I said I would seek redress, and he answered, "very good"

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I handed the ticket to the conductor, so that he must have seen it. I had purchased the ticket on the Sunday before that, while going to church, from one of the conductors of one of this company's cars.

I lived one block from where I took the car. I came down Filbert St. on that night. It may have been a hundred yards from our house to where I took car. When conductor first came to me, and refused to take my ticket, I told him I had a right to ride, it was a public conveyance; I told him I had a long distance to go, but didn't tell him that I had come a long ways. I told him I would not get out. He then said "Madam, you will have to get out" and at the same time took hold of me, by the left arm, somewhere. He took hold of my arm. I made no resistance as he had taken me by the arm I knew it was of no use to resist, and therefore I went out, and he kept hold of me until I was out of the car, holding on to me until I struck the walk. He didn't hurt me at all. I did not take the next car, but another one of the same company and went to the doctor's. I got into the second car afterwards, and the conductor of that car did not object. I had a veil, but did not wear it down. I had it was I have it now. I never wore it down, at night, neither myself nor my family had ever been ejected from any car before that time.

RE-EXAMINATION

It was then 7 or 8 o'clock pm. Was it light or dark when I got on board those cars? (Objection by Defense) It was not quite dark when I got on board. It was about twilight. The street lamps were lighted.

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Witness.

Dr. Geay for Plaintiff:

Resided at 632 HowardSt. I was then acquainted with Charlotte L. Brown, BEX. I was then medical adviser of Pltff and she was then a patient of mine.

State whether on the 17th of Apr, 1863, Pltf£. was to go to your office for any purpose, and if so, for what purpose. A. ‘She was under my medical treatment, I set days for patients whom I was treating under chronic diseases, and that was one of those days. I ordered her to come on that day, and she always came by appointment. She was to come on that day, in the evening, at any time up to nine o'clock.

Witness for Plaintiff: Charlotte Brown, mother of Pltiff

I am mother of Pltff. I remember 4/17/63, time of this occurrence. She was at my house on the early part of the evening of that day amt about 7 or 8 o'clock. It was early candle light, say.

Thomas S. Dennison, for Defendent:

Was employed as conductor on Car 11 on 4/17/63, by defendent. "I didn't see Plaintiff at all until she got in the car. When she got in, I was in front part of car, inside, getting my overcoat from under sear. She got in at the corner of Greenwich and Powell, at SW corner. My attention was first called to her when I went to collect the fare on Union St. She had her veil down. I commenced collecting at front end and she was the last person, and as she handed me her ticket I discovered her to be a colored person, and I told her her color would not allow her to ride in the car in the inside, and she said she couldn't possibly get out, as she had a long distance to ride and was tired. Having few passengers in the car, and they making no objection at the time, I allowed her to ride to Stockton St, telling her that she would have to get out after getting up street axwas a ways. We stopped for a passenger, who got in and said there is a colored person in the car. At corner of Jackson and Stockton I told her that she had her choice of going out quietly, or being put out, and she answered that I would have to put her out. I said, very well, I'll put you out, and I stepped into the car, and put my hand lightly on her shoulder and she got up quietly and walked out. I did not take hold of her arm. I did not hold on to her arm and lead her out of the car in the way that shew has testified that she did. I did not lead her out, nor hold onto her arm.

She tendered me a ticket and I refused it. Defendent here offers to prove by this witness why he offered to put her out, that the plaintiff was objectionable there in that car to the passengers, but does not state for what reason he expects to prove her to have been objectionable.

Court allows Defendent to show that she was so objectionable to passengers 'for any other or different ground than her race or color.

Objections were made to presence of Plaintiff in the car by one of the pass- engers. That person did not state what the objection was, but merely said, that she is in the car, and wanted me to remove her.

It was by my own authority as conductor of that car, that I cause pltff. to leave that car. I had merely verbal orders from either the superintendent or his assistant, to keep colored people out of the cars if objected to by the passengers. My orders may have extended to keeping colored persons out whether objection was made or not. I don't recollect at what date those orders were given. I ordered her to leave at first both because of the orders

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I had received and of my own feelings. Gardner was Supt. at that time, and is so still. Either he or Brondson, the Ass't. Supt. told me not to allow them to ride. It was a woman that made the objection. She was in the car when Pltff got in. She made the objection just before I put Pltff out. She spoke in an ordinary tone. I stood still and Pitff. went out alone, and when I saw her clear of the steps I ran the bell.

Re-examined by Defendent:

She got out on the crossing of Jackson and Stockton.

Witness for Def

Mrs. Maria Cohen, for Defendent:

I saw the conductor put the lady from the car. I saw the conductor stoop down and speak to pltff. and tell her that she must get up and get out. She said she would not leave. He rang the bell and touched her on the shoulder, or arm, and stood there till she went out. I took particular notice, to see if he treated her anyway unkindly, and he did not lead her out as she has said. His manner was the same to her, as it qwuld be to me. I was not in the car when she got in. She had a long mourning veil down over her face, and I thought the lady was in mourning.

I did not hear the lady object to P1tff being in the car, but didn't hear what they said. He told her he was sorry, but it was the rules of the company not to allow colored people to ride.

Witness for Def.

MR. Gardner, for Defendent:

Am Supt. of Omnibus R.R. Co. and have been ever since it commenced running and before that in the omnibus business since 1853.

I directed the conductors before this time, that if any colored persons got on the car, and objections were made to them, to ask them to go off civil, and if theydid not, to put them off.

Why was that rule or instruction given to conductors? Objecton, that is immaterial. Obj. sustained, Defendent exceps. Defendent offers to prove by this witness, that prior to 4/17/63, it had been customary in this city not to allow persons of negro or mulatto blood to ride in omnibuses or railroad cars. Objection by Pltff, as immaterial. Obj. sustained. Defendent excepts. )

They say she had veil down.

I told her she must go quietly or be put out.

Mrs. Cohen heard him say, it is (no?) rules or co. VERDICT: for Plaintiff for $5000

(handwritten in pencil: Case settled 1866. Last zero of above $5000 is crossed out in pencil)