Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-27
TRIAL AGAIN DELAYED
Hearing in Case of Supervising
Principal Cardozo.
ABSENCE. OF CHANCELLOR
Announced That He is Important Wit
ness for Defense.
TO PROCEED NEXT MONDAY
Spirited Comment at Meeting Of Board
of Observation-Disclosures Threat
ems to Withdraw.
o PROCEED NEXT MONDAY

o'clock pm Monday next. Action to
that effect was based on an objection by
counsel for the defendant to proceeding
during the absence of Superintendent Chan
cellor who, 1t was explained. is to be one
Of the important witnesses for the defense.
The superintendent is away from the city.
There was much discussion, some wrang-
ling and tie vote before the matter was
finally adjusted. The action Of the board
was in pursuance Of the advice Of Its coun-
sci. Assistant United States Attorney Stuart
Mcnamara.
The fact that the superintendent had not
consulted the board as to his connection
with the trial before leaving the city was
commented upon by Mr.. Mcnamara. After
the meeting DR.. Chancellor was ordered
back home at once by telegraph.
Reads Formal statement.
1t was about 3:15 o'clock that Admiral
Baird called the meeting to order. He read
formal statement of the purpose of the
meeting, as follows:
This meeting of the board of education
has been called for the purpose Of continu-
ing the trial of Supervising Principal F. L.
Cardozo which trial has been pending about
-FOUR months. during which time the public
interests have been suffering in conse-
quence.
we have INDUCED the respondent and
his counsel. which has caused some de-
lay; the absence of one member caused
further delay, and since issuing the call for
this meeting We have discovered that one
member of the board is too ill to be present
though 1t was my desire to conduct
these proceedings with full and complete
board, 1t seems evident that the time re-
quired to do that might cause serious delays
and. L think, We have no right to outrage
public opinion by any further delay. 1t Is
quite lawful for us to act with a bare
quorum.
Il would invite the attention of the board
to the fact that the interests of the re-
spondent are suffering. as well as that of
the commonwealth: he has announced his
readiness to proceed, and, so far as know
may be anxious to bring this trial to
conclusion. We have summoned all the
school employees he has designated for his
witnesses, who are. in consequence, away
from their work 1t would not be reason
many times for this purpose"
Absence of Attorneys.
The board room was crowded to the doors
with coiored teachers who had been sum-
moned at Cardozos request as witnesses
for the defense and with spectators. Meth
er Mr.. Mcnamara nor Henry E. Davis, Sc
nior counsel for Cardozo, was present. The
only attorney in the room was James A.
Cobb Of Cardozo's counsel With the ex-
ception of DIR. Atwood every member of
the board was present
After the reading Of his opening remarks
the admiral asked Mr.. Cobb whether he had
anything to say before the trial of his
client proceeded.
Mr.. Cobb objected to continuing the trial
at that time because of the absence of Dr.
Atwood He said the board had set a pre-
cedent by deciding that 1t was unjust to
go ahead without Mrs. Terrell and on one
previous occasion also without DR.. Atwood
6tv,cr af l.
ests of his client would be imperiled
Mrs. Mussey moved that the objection be
overruled and the board adopted the mo-
ton unanimously.
Mr.. Cobb then asked permission to with.
draw with his client.
Took Board by Surprise.
That move took the board by surprise
and for a moment 1t was not understood
just what Mr.. Cobb meant. Then he ex-
planned that 1t was his purpose to leave the
room entirely with his client and have
nothing more to do with the trial.
Mrs. Terrell said that as Cardozo is an
employee of the school board he could be
ordered by the board to remain.
Il would like to have the board take af-
firmative action on q motion to order him
to remain" Mr.. Cobb said.
HE is under orders and must remain, if
we say So" Capt. Oyster interjected.
Admiral Baird wanted to know what
right the OefenQdnt OF MS counsel NdQ 10
stop proceedings by withdrawing.
He meant no disrespect to theSboard, the
attorney declared, but was simply acting
TO protect his clients interests under the
law as he saw it. He did not wish his
client to proceed over his objection be-
cause in SO doing he belived he would waive
his rights in any court of law. That view
of the matter was taken by Mr.. Davis,
senior counsel, according to Mr.. Cobb.
Rapid-Fire Conversation.
Mrs. Mussey advised waiting for the ar
rival of Mr.. Mcnamara before taking any
action in the matter or proceeding with the
trial. The rapid-fire conversation Of the
members of the board with Mr.. Cobb and
among themselves continued for about
twenty minutes without result, until Mr..
Mcnamara appeared, excusing himself for
being late by saying that he had been de-
tanned in court.
Mr.. Mcnamara advised waiting for Mr..
Davis, who, he understood, was on the way
to the Franklin building at the time. AS
the minutes passed and Mr.. Davis did not
put In an appearance. 1t was suggested that
Mr.. Cobb try to reach him by telephone
At last Mr.. Cobb reported that Mr. Davis
was In consultation with an important wit
ness from Mexico and would be unable to
be present. But he told Mr. Cobb. accord
ing to the latter. that Mr.. Cobb should
withdraw with his client from the trial.
or If the board exercised its right to keep
Car6ozO there. he, as attorney, was to
withdraw.
Mr.. Davis had instructed Mr.. Cobb to
object to the procedure on the further
ground that one of the defenses important
witnesses, Supt. Chancellor, was out of the
city. Another objection was that DR.. Chan
cellor. who had preferred the charges, was
not there. as he should have been, through
out the trial.
Opinion Regarding Objections.
1t was Mr.. McNamara's opinion that none
of the objections of the defendants counsel
was valid except that made on the ground
of the absence of Superintendent Chancel-
lor as a witness for the defense, and he 50
informed the board.
81 believe Prof. Evermann stated, that
Dr. Chancellor was named as witness
only after it was learned that he was out
of the city,
THAT is not so,'' Mr.. Cobb retorted.
"Why was his name not mentioned be-
fore and why was II not on the list which
you handed to me q few days ago?" the
president of the board inquired.
Both Mr.. Davis and I assumed that
Superintendent Chancellor, as an important
witness in this case, would be present
throughout the trial." was the answer.
Mr.. McNamara sgain advised the board
to sustain the objection OF the defendant's
counsel on the ground OF the supefinten-
dents absence. He said the defense had .
right to proceed Ia In own order. and that
n IL was stated that DIR. Chancellor Waa