The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-09
EMBARRASSMENT
School SUPPLEMENTARY Case Is Now
with the Court.
AN AMENDED ANSWER WAS FILED.
yoIumlnous Reply TO Amended Petition Of
Plaintiffs.
IN AMENDED ANSWER WAS FILED.
BOTH SIDES PRESENTED AFFIDAvTS
One Was Made by Prof. Marlborough.
Part Played by Keys OF the Va
rious school Buildings.

ings In the school superintendency matter
was concluded at Sis yesterday after
noon. Judge Tod rendered no decision
but announced that he would take the
matter under advisemcnt
The attention of the court during tho
entire morning session was occupied by
the reading of the amended petition of
the plaintiffs and the amended answers
of the defendants both OF which were OK
tremely voluminous. tho latter covering
twenty-seven typewrltten pages. Counsel
for the plaintiffs offered to submit the case
on the petition and answer and on briefs,
without argument. but the defendants OBJ
jected and tNe matter was proceeded with
In tho usual way.
Notwithstanding the oppressive heat and
the fact that practically all of the argu-
ment was technical in the extreme nearly
all of tho available seats in the court room
were occupied by spectators and others
during the day. Prof Kimbrough and
Prof. Barnett were both present as were,
at various times, Messrs. Charles +,
Shearn, j. r. Cade and James Charlton
of tho school board. The same array of
legal talent as that which appeared on
Saturday last was seen. with the exception
that there was present Mr.. e. p. Ham
blen. who has been interested In the case
all the time. but who was prevented from
being present on the occasion of the first
hearing.
The court was raped to order shortly
after o'clock with Judge Tod on the
bench. Mr.. Ross, for the plaintiffs asked
for thirty minute recess in order to give
himself and his associates time to read
tho amended answer. which had been filed
by the defendants. The request was
granted.
AT tho end OF the half hour request
for more time was made. This, too, was
granted by the court and 1t was 0:l0 when
the proceedings were again begun.
Mr. oliver OF counsel for the plaintiffs
suggested that the plaintiffs petition as
amended and the defendante' answer to-
gether with briefs from both parties he
taken up by the court and considered with
out further argument, thus saving large
amount of what counsel referred to a!
physical effort"
MIR. Sears objected to such a course, and
court ruled that the matter BIO proceeded
With In tho regular way.
Mr.. Wood of counsel for tho plaintiff.
read the amended petition filed on Satur-
day together with the following afndavits:
AFFIDAVIT OF e. Il. uTTERBACH.
Before the undersigned authority this
day personally appeared f. II. Uuerbach
who, being duly sworn says ON oath that,
pctp- unda, the outhAritv ,f tho hoard al
public school trustees plaintiffs in ths
suit, and the superintendent Of schools. hc
haa within the last seven days visited and
entered all the public school buildings OF
the city; that he has found no evidence
of intention TO exclude the board or super
intendent from any building except at
Longfellow and Taylor schools. thSA these
buildings both show an intention on the
part of some person or persons. presum-
ably upon the part of the 1aDitors staying
in the buildings. to exclude others WHIT
are supposed to have KEYS or other usua
means of ingress and egress as the school
board and superintendent This intention
is shown By props against the doors. keys
turned in the locks on the inside so as
TO prevent the Insertion of keys from the
outside and other such devices. Aliiant
also says that one of the doors of the base
ment OF the high school shows evidence
OF an effort by some one TO enter by
force. but with the exception of the tive
schools mentioned the board of trustees
and the superintendent seem 10 have uu-
disputed possession of all the school build
ings, Afhant further says that he heard
one OF the janitors tell the superintend-
ent that Mayor Brashear instructed them
not to enter any of The achoo buildings
but 10 NOW the grass and weeds in The
school yards. Afhant says also that he
ON or about July ~, when Mr. Curtin. the
janitor, stated to Superintendent Kim.
brough that he told Mr. Banner In repl,
10 his demand for the keys, that ae ha(
always given them to the superintendent
and thought he was the proper person 4
have possession OF them. Afhnnt further
says that he was present at the high schoo
building again on or about July 81. whei
said Curtin repeated to the superintendent
that he had said about the same thinl
TO the mayor, who had blamed him To-
giving up the keys to the superintendent
u. Il. utterbaeh
Sworn TO and subscribed on August 3
1892. before J. B. Williams. district clerk
by Il. s. Walton.
AFFIDAVIT OF S. u. MAGERS.
Before the undersigned authority th
day personally appeared S. D, Mayors, VIII,
being duly sworn, says on oath that he ha
been principal OF the high school ever sine,
the present building was erected Durinl
all OF this time he has been In possession
Of the building In subordlnatlon 10 tn
superintendent and school board
that the janitors have had nj
possession OF the building excep
In subordination to the principal and su
perlntendent, that. at no time since thu
beginning OF the Last session OF schoo
have all the keys been in possession o
Mr.. Curtin or any other janitor. Mr.. Cur
tin had only few Of the keys OF thi
building. mostly keys to outside doors
That u few days prior to July II he callet
on Mr.. Curtin for the keys he had ant
eaid Curtin told him where they were ant
toid him that be, tho 1aid Curtin, woult
~ them for him, which he did. delivering
v III tho keys. IS said Curtin claimed, thai
& ~ had. except two or three keys 70 tn.
taGoUlent dnors Said Curtin offered thes,
keyo - superintendent Kimbrough on the
q xD1YninS Of July n, but was told that b,
T. ~ I'M them until the afternoon: whe1
& ~ fo(nSRs1 ~ imported that be had givei
4 m ~ ~ CIV Auditor Banner uppu hi
g. a ~ mayor. TAs ~