The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-05
CARDOZO DEFENSE ON
Long Delayed Trial of Col
Ored Teacher Resumed.
PROCEEDINGS GROW LIVELY
Admiral Baird and Counsel for De-
Tense i'm Animated Debate-Supt.
Chancellor Proves Difficult Wit
ness-Expert Declares Anonymous
Letter Was Not written by Accused

| Nine hours. with the exception Of about
two for dinner. were consumed in taking
testimony for the defense in the Cardozo
trial before the board of education yester-
( day afternoon and last night. and still
the case is not complete.
Adjournment was taken a few minutes
before midnight. until 8 o'clock this aft
ernoon, when the defense will rest its
case. It is probable that another ad-
journment will then be taken TO permit
counsel to have the use of the record in
preparing their arguments.
There was more than one enlivening en-
counter ana many quips and jests that
relieved the monotony of a string OF char
acter witnesses. There were many inter
esting situations. The entire session was
taken Up with evidence in rebuttal OF that
Of the prosecution that the anonymous
letter, upon which the case hinges, was
written by Cardozo.
Counsel Davis WithdraHs.
| When the case was reopened by Admiral
Baird with a third statement OF its pur-
pose Stuart Mcnamara, attorney for the
board. introduced Mr.. Richardson as
counsel to succeed Henry Z. Davis, who
has withdrawn from the case. Admiral
Baird asked who was senior counsel, Mr.
Richardson or Mr.. Cobb? After some
discussion. it was announced that Mr.
Richardson would act as senior His col
ored colleague read letter from Nj
Davis in regard to his withdrawal. IN
which It was stated that. in view of what
/ took place on last Tuesday. he wanted
to give notice that he would not aga n
appear in the case before the board Of
education as at present constituted
Mr. Richardson noted an objection to
the absence of DIT. Atwood. and said that
il was known to him that he had asked
that the case be not continued when he
was absent a denial was entered and
the objection 0verruled. Mr. Richardson
then demurred to the fact that the board
had no case in law and fact citing deci-
sOns and the notorious DR.. Zarra case
and making the statement that the board
WAS acting above its powers.
This was also overruled, and upon re-
quest Of Mrs. Mussey, Mr. Wilmarth was
recalled to the stand. In cross-examina-
ton the prosecution tried 20 bring out
the fact that he would benefit by two re-
m0vals alleged 90 have been recommended
I'm connection with the Office force investi-
cation.
DIR. Chancellor or stand.
DR.. Chancellor, superintendent Of
schools. was then called. lie proved a
difficult witness TO handle and either
stated to each question that it was in
evidence or submitted 70 his attorney
whether he should answer. This led to
discussion on these points and as to
whether the attorneys for the prosecution
were conducting recross-examination
OF using DR.. Chancellor as their witness
on direct examination. Mr.. Mcnamara
noted number of objections ana was
sustained. It was finally established that
it was recrOss-ex examination.
Things ran smoothly then for a time,
with the exception that DR.. Chancellor
failed TO recall the dates Of letters, until
he was handed the anonymous letter by
Attorney Richardson for his opinion as
To whether or not 1t was Csrdozo's hand
writing. when Admiral Baird asked II il
had been in the hands OF the attorneys
for the defense. Upon being informed
that IL had. he remarked that Il had bet
10
was the same and had not been tempered
with.
Proceedings Get Lively.
Mr. Richardson jumped to his feet and
in forceful manner resented these. as
characterized by him. insults and asper-
sions upon himself Admiral Baird came
back even more forceful and commanded
Mr. Richardson TO take his seat.
Il won't take my seat, sou can't cast
these aspersions on me. This character
lies the whole conduct of the board in
this prosecution said Mr.. Richardson.
Admiral Baird said he had just gotten
in the case and it was not for him. He
became more emphatic in his command
to Mr.. Richardson to take his seat. Mr.
Richardson said that his side was not ac-
corded fair treatment. During the pas
sal e everybody got their feelings hurt,
and there was general mix in.
Don't you shake your finger az met
shouted Admiral Baird
Don't YOU shake things at me-" hurled
back Mr.. Richardson.
Testify for Defendant.
DR.. Creed W. Chnds. Charles s. Clarke.
John R. Francis. Rev. Franklin /. A.
Bennett Dr. Kelly Miller, and Mrs Mary
Smoot all testified that in their opinion
the writing was not Cardozos. and that
CaTdOZO bore an excellent reputation.
Samuel G. Malone. a handwriting ex-
pert, was next called. Mr.. Mcnamara
noted an objection To the conduct of his
testimony. Adjournment for dinner was
taken TO give the attorney time TO con
suit the record. Mr.. Malone was recalled
at 1-30, and after the objection had been
met, testified that the writing Of the let /
ter was not that OF Cardozo. Like all /
The other witnesses as to handwriting he /
was rigidly cross-examined by Mr. Nc I
Namara, and a number OF points cited |
by him were weakened
Samuel + Tatem, John c. Norwood. /
DR.. William H. Richards, II. J. Pinkett. /
and Mrs. Curtis testified along the lines I
of their predecessors.
Cardozo then took the stand in his own 1
defense and told a straightforward story. I
saying that Capt Oyster had promised
him when accused an absolutely fair ,
show and trial. His story was, in sub 1
stance identical with the statements
given out by him at the time Of his dis /
missal Adjournment was taken while !
he was still on the stand IN direct e,-