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Plessy v. Ferguson: Litigation

Ensuing litigation documents

Homer Plessy's first court appearance was in Section A of the Criminal Court, in front of newly appointed Judge Ferguson. Appeals would go to the Supreme Court of Louisiana and the Unites States Supreme Court.

June 8, 1892

Exhibit A. Second Recorder's Court of the City of New Orleans. #7657. The State v. Homer Adolph Plessy. Affadavit by Detective Chris C. Cain, June 8, 1892. Manuscript. 2 pages. Recorder: A. R. Moulin. State's witnesses: J. L. Scott, 19 Commercial Place; J. J. Dowling, conductor, 122 Common. Certified copy by J. Malloy, deputy clerk, Nov. 21, 1892.   

July 20, 1892

Exhibit B. Criminal District Court for the Parish of Orleans. #19117. The State vs. Homer Adolph Plessy. Bill of information-- violating provisions of Act. #111 of 1890. Lionel Adams, assistant district attorney for Orleans Parish. Manuscript. 2 pages. F. J. Letter, minute clerk, filed July 20, 1892. Certified copy by M. Malloy, deputy clerk, Nov. 21, 1892.   

July 10, 1890

Item 4: Exhibit C. State of Louisiana. "An act to promote the comfort of passengers on railway trains... " #111, July 10, 1890. Typescript 4 pages and green paper cover. (Note: Green paper cover not included in digital copy.)

November 22, 1892

Petition to the Supreme Court of the State of Louisiana by Albion W. Tourgée and James C. Walker, counsel for Plessy, Nov. 22, 1892. Manuscript. 7 pages. (Note: Blank cover not included in digitial copy.) Notarized by Louis A. Martinet, notary public. Signed by H. A. Plessy and Louis A. Martinet.   

November 22, 1892

Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Writs of prohibition and certiorari to be served on John H. Ferguson, Judge, Section A Criminal District Court. Francis T. Nicholls, Chief Justice, Nov. 22, 1892. C. W. Buchanan, deputy clerk. Manuscript. 2 pages.   
 

November 22-23, 1892

Exhibit D. Criminal District Court...Parish of Orleans. Section A.#19117. The State v. Homer Adolph Plessy. Defendant's plea, Oct. 13, 1892. Typescript 6 pages and 2 sided gray paper cover. On cover: order by Francis T. Nicholls, Chief Justice of Louisiana (signature), Nov. 22, 1892. Service of records, J. H. Ferguson, Judge, Nov. 23, 1892. For writs of prohibition and certiorari.   

November 23, 1892

Item 8: Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Sheriff's return. James Drignan, deputy sheriff, Nov. 23, 1892. Filed Nov. 28, 1892. Manuscript. 2 pages.

November 26, 1892

Supreme Court of the State of Louisiana. #11134 Answer of John H. Ferguson, Presiding Judge, Criminal District Court, Section A, to application for writs of prohibition and certiorari, with signature of respondent, John H. Ferguson, filed Nov. 26, 1892. Typescript 4 pages and two covers.   

Criminal District Court... Parish of Orleans. Section A. #19117. The State v. Homer Adolph Plessy. Certified copy of proceedings. Includes Bill of information, defendant's plea, demurrer by Asst. District Attorney, joinder to demurrer. Manuscript. 26 pages.and 4 covers.

December 19, 1892

Item 13: Supreme Court of the State of Louisiana. #11134. Opinion and judgment by Charles E. Fenner, Associate Justice. Filed December 19, 1892. Manuscript. 17 pages.and cover. "70-86" numbered pages.

Item 10: Supreme Court of the State of Louisiana. #11134 Brief of relator for writs of prohibition and certiorari to the judge of Section A, Criminal District Court, for the parish of Orleans, by Albion W. Tourgee and James C. Walker, attorneys for relator. (Printed by A. W. Hyatt Stationery Mfg. Co., Ltd., 73 Camp St., N. 0.). 22 pages.and cover. On cover: ....La copy of this brief has been Served [on] Lionel Adams, Esq. opposing Counsel.” Item 11: Ibid. #11134 Application for writs of prohibition and certiorari. Brief for respondent, John H. Ferguson, by Lionel Adams, attorney for respondent. (Printed by V. Mauberret, printer, 112, 114 Poydras St., N. O. 30 pages and cover. Item 12 (bound with item 11): Ibid. #111134. Syllabus, ex parte Homer A. Plessy [on behalf of respondent]. 5 pages.   

December 26, 1892 and January 2, 1893

Item 14: Ibid. #11134. Petition for a rehearing by Albion W. Tourgée and James C. Walker, attorneys for Plessy. Dec. 26, 1892. Manuscript. 4 pages. Item 15: Ibid. #11134. Relator's brief for a rehearing, December 24, 1892. 3 pages.(ca. December 1892). Note. items 14 and 15 are enclosed in a folder, annotated: Rehearing refused, Jan. 2, 1893."   

January 5, 1893

Item 16: Circuit Court of the U. S. for the Eastern District of Louisiana. Copy of writ of error lodged in the clerk's office of the Supreme Court of Louisiana, Jan. 5, 1893. Manuscript. 3 pages. Item 17: Supreme Court of the U. S. #210. Plessy v. Ferguson. Provisional writ of prohibition dissolved by Supreme Court of Louisiana, December 19, 1892. Affirmed by the U. S. Supreme Court, May 18, 1896. Remanded to Supreme Court of Louisiana, September 28, 1896. Manuscript. 4 pages.   

May 18, 1896

Item 18: Supreme Court of the U. S. #210. Plessy v. Ferguson. Provisional writ of prohibition dissolved by Supreme Court of Louisiana, December 19, 1892. Affirmed by the U. S. Supreme Court, May 18, 1896. Remanded to Supreme Court of Louisiana, September 28, 1896. Manuscript. 4 pages.