The Washington times., 1907-03-09
CardOzO Will Appeal
To the District Courts

he had been insubOrdinste and had de
Clned to recognize and obey the IN
struCtionS of the superintendent or 70
recognize DR.. Montgomery, assistant su-
perintendent. as "A proper or ht person
for the position. You must have some
specific evidence THAI he did refuse 70
abide by the instruction of Dr. Mont
gomerv before YOU can convict on this
charge, and ! do not think anything
I'm the records indicate such and act on
the part of the accused, explained Mr.
Mcnamara.
Mr.. Mcnamara then went into dis
CI1ssion of the authorship OF the anony-
nous letter, alleged to be Hbelous. and
was interrupted by Mr.. Richardson ana
asked II a thing could be libel II true
Mr. Mcnamara held that IL might and
quoted the old adage the greater the
truth. the greater the liOcl- He SPOKE
OF the relative value Of expert ana IN
expert testimony as to handwriting
which should be weighed according TO
the conscience of the board. He said,
however. that in the event the scales
were not evenly balanced and that by
throwing the good character teSu-
mony'' to CardOzO'S side wOui1 balance
them. the defendant should have the
benefit of the doubt and be acquitted
He was followed by Attorney Cobb IN
an eloquent speech OF an hour, VINO
opened by saying il would be no retiec-
tiOn on the board to return a verdict
different from its first one 1t was an
injustice to hlS client, he SAID, IhaI
the date of the anonymous letter sent
the press had not been established ana
that the envelope in which II was re
CeiVF,l had been lost He recalled that
the letter was predicated upon an artlcle
appearing an print on august 81; re-
fcrTed 20 I'm the letter as last FRIDAY
Therefore. this letter must have 6een
written between September l and sep
tcmbcr T." said the attorney, ana ii
YOU had established the date the ,rG.9- de-
tense might have proved an ahbi. TINS
was most important for we could nave
shown that CardOZO did not receive MS
appointment until late in the afternoon
of September 4. Ivior to which tEns ne ne
was not subject 70 the JURISDICTION or
the board. and few hours laIeI ne
left the city, and was gone until sep
tember II, when ne took the oath Oh OIL
."Tberefore. 1 say there is left only
2 few hours on the night of September
l. in " hiCh this man could nave pehhgd
this letter. and yet. not eStaDllShllS tnt
date, you have taken this defense from
Mr. Richardson closed for the defense
in a we'll prepared and calmly dellNereC
speech. expressing his confidence IN lne
fairness of the board and reiteratinB MS
belief I'm the defendants s innocence Ht
asked the board If IT was reasonable tC
suppose a man who could use type
writer wouid write "A hDelOus anonymous
letter in his natural hand He thanked
Mr. Mcnamara for the fairness of his
i,strUctions and for eliminating the
third and fourth counts. Referring L
character. he declared that good char
acter had been proved. and thanked
Admiral Baird for saying if good char
/ acter was proved there was no case.
Il didn't say it." interposed the Ad
miral
.AH right. turn to page $50 of the
record" Mr. Richardson then read th'
( following: Mrs Terrell: We con
/ cede his good character, Mr.. Cobb.
! Mr. Cobb: You cannot cOncede goo
/ character. If you concede this, yo'
/ concede your entire case
/ Admiral Baird: Yes, Mr.. Cobb i
! right about that
Ii was urged by Mr. Richardson tha
! good character had been proven, ant
/ Admiral Baird was asked TO stan'
I by his statement
'.'I didn't mean it exactly as you con
/ strIe il, remarked the admiral.