The Washington herald., 1907-03-09

FRANCIS l.. tdrdOZO. CUiOTeQ. supervising
principal of the Thirteenth division. was
last night dismissed from the public
schools for unbecOming conduct by
the board Of education. sitting as
/ judge and jury in the case. after a
! session lasting from 7:30 o'clock until
nearly midnight. Cardozo was much af-
fected by the verdict Nearly the entire
session was taken up by the summing
/ up argument Of his counsel. Mason y.
Richardson and James L. Cobb. The YER
dict was given by rising vote Of the board
and Mrs. Ellen Spencer Mussey was the
| only member to vote for acqUittal on all
four counts and against the sentence. She
was yociferously applauded by the col
ored spectators.
/ over 100 persons, nearly all Of them
negroes who are interested in the case
! of Cardozo as friends, were crowded into
| the library at the Franklin building when
/ the trial was resumed after Tuesdays
/ adjournment. The wide double doorway
/ leading into the big room occupied by
! the secretary as his Office was banked
! several rows deep, or rather high. and
many stood on tables and chairs craning
their necks and peering eagerly into the
| trial room. Every inch of space was
taken, even 10 the window sills.
Four Policemen on Hand.
/ -Four policemen from the First precinct
were detailed 10 the building To maintain
order and avert any possible trouble. 1t
is not known who made the request for
/ this detail There was a strong under
/ current of excitement throughout the
| session. and when the board filed back
/ into the trial room after retiring for con-
sultation on the verdict. the situation be-
/ came intense.
a vote was taken upon each separate
charge and upon the sentence. For abso-
/ lutte safety. as Admiral Baird expressed
it, a double vote was taken in inverse
order. that is. starting with the last
charge frst Upon the last charge. alleg-
/ ing conduct uIbeCOming a supervising
/ principal and violation of rule 50 OF the
board of education, in being insUb0Tdi-
nate and refusing 10 cooperate with the
superintendent, the bOa-d voted Unani-
mously for acquittaL 4 unanimous vote
/ Tor acouttal was also taken on the third
charge. alleging public unfavOTable CriIi-
cism Of Assistant SUpt W. :. Montgom-
cry. 10 the prejudice of discipline and hsr-
mOnious administration.
Mrs. Mussey Votes for AcquittaI. ~
On the second charge, alleging an inju-
Tious attack and defamation through the
publication Of an anonymous letter oc
certain named teachers OF the colored
schools. seven members-Presideut Baird.
NessTs. Everman oyster. Cook. Cox. Mrs
Terrell. and Mrs HHl-voted for convic-
ti0n Mrs. Massey alone voting for ac-
quittal The vote on the first charge. al
Ileging the writing and publishing of an
anonymous letter was the same as on the
second Admiral Baird then stated that
the next thing for them to do was 10 de-
eide upon the sentence. and ne suggested
that each member write their opinion. as
TO reach a conclusion orally would raise
confusion. Mr.. Mcnamara pointed out
that. under the act creating the pres
eEt board. it should act upon Il TCcom-
mcndation of the superintendent
submitted ia writing This WAS
agreed 10. and every one looked 10
the superintendent He sent Dir- C1nnor
! secretary of the board. 10 get his original
/ recommendation of dismissal from the
files and. writing a renewal upon il. sub
mitted il TO the board. The same vote
was polled on this recommendation as oa
tho first and second charges I'm oral
for CardOzo. They made the request ON
the first vote but after an opinion by MI
/ Mcnamara a written vote was east. GS
suggested by Admiral Baird. ON the
second charge. when there was a dissent
"a viva yoee vote was again asked.
Baird Satisfied with Method.
Admiral Baird said that he was in favor
lot voting in the way they were doing. but
lif better way could be suggested he was
willing Mrs Mussey suggested getting
Attorney McNamara's opinion. The sttcr-
lney said ne thought it would be best and
would be fair to the defence.
Although the case is finally settled. so
far as the board of education is concerned.
there is a possibility that it may again be
appealed To the civil courts. Cardozo was
dismissed last october. but soon after his
dismissal through counsel. he appealed 10
the courts and il was held that under the
Iact Of Congress creating the present
school board il was not empowered to dis
miss teacher without trial Accordingly
in the last few days Of December. charges
were preferred against him by Assistant
Superintendent Montgomery and SUperin-
ltendent Chancellor with recommendation
for dismissal
The trial was commenced on January
q, the prosecution resting its case on that
day. Another meeting was called for
January 26, but in the meantime, Car
dozo's counsel had appealed to the Equity
Court for a restraining order on the
| ground that the board had no power to
| act
This was denied. and the trial was again
resumed on Monday last Testimony was
all in on Tuesday. and adjournment taken
! until last night, to allow counsel to have
the Use of the record in preparing their
argument.
Mcnamara Makes No Argument.
/ When the board was called 10 order last
night, after e discussion as to what order
of procedure should be followed. NJ.
Mcnamara. attorney for the board sx-
/ planned that he would not make an argu-
ment. for the reason that st would be
more becoming in his position that he
merely advise the board as 10 the law in
the case. and the evidence, as the judge
advises the jury.
| Mr. Richardson suggested that he pro-
/ ceed first so that counsel might have the
benefit OF his advice. He suggested that
the board take a vote upon It. and the
board voted afhrmauyely. Mr. McNamara