The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-10-22
Motion to Dismiss Charges Because of Insuficiency
Is Overruled After Lengthy Arguments
From Attorneys
H. N Quigley Counsel for Longbon, Has Heated Words
With Board Member Jacoby-Continu-
ed Monday Night.

In session lasting until after mid
night. and uncompleted at adjourn
ment. w. a. Longbon, member of
the board of school examiners, was
last night placed on trial before the
board of education The session was
perhaps one Of the most unique ever
held by any school board in the his
tory of the city.
At the outset there was long bat
tie over the question of whether
Members J. Wilbur Jacoby and
Robert q. Pennell, Longbon's accus-
ers, should sit as his judges. In this
hot words We're exchanged and Harry
n. Quigly, one of the most brilliant
lawyers of the local bar who wasof
counsel for Longbon, bitterly de-
nounccd the unfairness of the whole
proceeding, the flimsy charges and
the fact that Longbon was not to be
granted the same fair and impartial
trial that any man accused of any
thing has right to demand.
There was no jollying or no vast
| ing of words The counsel for the
defendant. Messrs Quigley and John
son and John Thompson were there
to fight and to demand their rights
| They claimed that the proceeding
was quasi-criminal and that there.
fore ]. w. Jacoby and X. @. Pennell
accusers of Longbon. should in fair
ness vote themselves off the board
OF inquiry.
When the session was called tc
order by presidentH. Edmund Hi
every member of the board was In
his place, the defendant was ther,
with counsel and there were mum.
| erous spectators. II was decided tha
Mr.. Hill should preside.
Quiglcy NTawcs Motion.
The first move was made by Mr.
Quigley, who stated that counse
wished to file motion that Messrs
Jacoby and Pennell be barred from
sitting as n part of the court as they
are the accusers of Longbon and
have formed and expressed an opin
ion in the case.
Mr.. Quigley said: I'VE ask only
what any man in tn,
and demand fair trial. w,
submit that in view of the fact tina
the charges have been made by twt
members OF the board that it is un
fair for them to sit as judges of th'
accused. We are justified in assum
Ing that they have formed opinions
Of the guilt of the accused and tn,
least that they could do in the spiri
of fairness Is to vote themselves OF
this board and allow the defendan
to have an impartial trial"
President Hill asked for the con
census of opinion of the members be
fore deciding the motion.
Member Fred II. CUTLERY said
was most unusual and unprecedent
ed thing for the person who prefer
charges to insist upon sitting as
part OF the court but that If the ac
: cusers insist on sitting he saw n
way in which they could be prevent
| ed from so doing.
Mr.. Jacoby said the motion pu
him in n rather embarrassing posi-
; tion. He admitted that he ha,
! formed an opinion but thought tina
|. II sufficient evidence were submitte
by the defendant to combat and dis
. prove the charges he thought tha
he could change the opinion no ha,
formed. He claimed under n Ger
tain decision of the supreme cour
he had right to sit "a the case
maintaining that school board of
icials are ministerial and not judicia
and that therefore the body was sit
ting as a board and not as a court
II preferred the charges because
believed II a duty" he continued
but II my fellow members say
! should not sit ! will put aside n yer,
! unpleasant duty"
! Member Dickerson said that n
knew OF no law that would CONNIE
: the accusers to retire from the boar
during the hearing If they insisted o.
sitting in the inquiry.
Mr.. Pennel said that he believe
: he was fair minded enough TO hea
tho charges and give fair verde
but offered to step aside If the 9th
; er members desired him 10 do &c
, Mr.. Briggs did not think that tn
BOARD had any right to rule part O