Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-24
UNUSUAL PHASE
OF CA iRRGGzG T TRIAL
Rules of Evidence and Methods
Adopted Severely Criticised.
CHARGE OF "RAILR0ADING"
An Effort to Hold Night Session
Proves Abortive.
EVIDENCE BEFORE THE BOARD
Witnesses Heard on the Charge of In
subordination-The Alleged
Anonymous Letter.
EVIDENCE BEFORE THE BOARI

There were farce-comedy and vaudeville
features, with now and then a touch OF
the dramatic, during the hearing OF the
CardoZo case by the board of education
yesterday afternoon at the Franklin School
building. The staid solemnity which marks
the progress of an important cause before
a legal tribunal-even the police court-was
lacking, and there were those present who
publicly referred to the proceeding as "a
sort of travesty." The rules of evidence,
years and are based on human expe-
rience," as Attorney Henry e. Davis ex-
planned had no particular place in the
trial. They were swept aside by alleged
rules of evidence created for the occasion.
according to lawyers present, and which,
to fit feet of any size.
Even such an experienced attorney as Mr..
Davis learned something new yesterday in
the matter of expert handwriting testi-
mony, the variety of experts presented
covering a wide range, from the superin-
OIL JdullOTS 10 d DdnK CASHIER VINO
was said to possess an easy familiarity
with signatures. The assurance of one
of these disciples of Sherlock Holmes caused
Attorney Davis for the defense to make a
sally which provoked much laughter among
the auditors. He said he might receive an
invitation from the White House to attend
function there, and on account of his be
lief that it was in the handwriting of the
President he WOULD go there, only to re-
ceive the treatment that was accorded Mrs.
Minor Morris on certain occasion.
When the hour of 6 had arrived last
evening spicy controversy arose between
members OF the board and Attorney DAVIS
as to whether adjournment should be taken
to some other day, or whether there should
be recess until later hour the same
evening. The argument over this matter
became heated. Notwithstanding the posi-
tive statement OF Attorney DAVIS that he
had an understanding with Admiral Baird,
president of the board of education, to the
effect that when o'clock arrived there
would be an adjournment for the day, be-
cause, as Admiral Baird had explained to
him, there were certain members of the
board who would not or could not attend
a night session of the tribunal, yesterday
it was, after discussion, voted to take a
According to Admiral Bairds statement
to him, Mr.. Davis explained, he had not
summoned his witnesses and was not pre-
pared to proceed Several members Of
the board spranS to their feet and eX-
claimed that they would not submit to a
postponement Capt. Oyster declared that
his wife was critically ill and that ne
wanted to finish the trial, and Mrs. Terrell
said she had several important engage
ments that could not be broken.
Demand for a Vote.
Mrs. Ellen Spencer Mussey said in justice
and the spirit of fair play the case should
be postponed to give Mr.. Davis chance
to present his defense. Cries of Put it
to a vote" were heard. and Admiral Baird
raped sharply on the table in front of
him with his gavel. vote. vote" re-
sounded through the room, and in the midst
of considerable confusion the question was
put as to whether the board should take
a recess and reassenlble at 7:30 o'clock last
evening. The motion was carried by a
vote of to 3. after a division had been
called for. In the confusion that followed
the voice of Attorney Davis could be heard
above the din:
You are trying to railroad this matter
through, but will see that you don't do it,
if we stay here and see the sun rise to-
morrow morning.
Those who voted to take a recess until
7:3O o'clock last evening were Admiral
Baird. Capt Oyster, Messrs. Cox and Ever
man and Mrs. Hill. The three negative
votes were cast by Mrs. MusSey, Mrs. Ter
rell and Mr.. Atwood.
In explaining her vote Mrs. Terrell said
she could not conscientiously vote for the
motion in view of the statement of Attor-
ney Davis that he had been informed by
Admiral Baird that there would no doubt
be an adjournment to another day, and in
consequence he had not prepared for his
defense. Mr.. Cook said he left the building
shortly before o'clock under the belief
that an adjournment was to be taken to
some other day. Had he been present, he
explained, he would have voted against the
recess proposition.
When the members of the board assem-
bled in the trial chamber at 1880 o'clock
last night, according to the decision by ma
jority vote, 1t was found that three men,
bers were abSent-Mrs. MuSsey, Mr.. O. M.
Atwood and Mr.. j. F. Cook-and further
consideration of the case was postponed
until noon Saturday.
Interested Spectators.
The library of the Franklin School build |
ing. in which the trial was held, was filed |
with persons oe both colors, who appeared
to be intensely interested in the outcome of |
the case as given in The Star yesterday.
The hearing began at 2:30 o'clock in the |
afternoon and the city bells were tolling the |
hour of when the vote favoring a recess
of the board, had read his statement, as al |
ready given in The Star, Mr.. Stuart Nc
Namara, special counsel for the board of |
education, made q statement In which he |
explained that the trial was to be held I'M
der section 10 Of the act and that the men, I
ibers Of the board of education would be the |
sole judges, they being quasi public officers |
and having no direct personal interests in |
the matter the law clothes them with a |
shield, and the provisions Of the law will |
Nm