The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-10-06
.LONGBON FILES
STR0NGDEMURRER
Objects to Accusers Sitting
=. AS His Judges.
PENNELL AND JAC0BY NAMED
Both Have Expressed their
Opinions.
Defendant Declares That Board Has
No Authority i'm Law 10 Conduct


Before the board of education en-
ters upon the trial of w. a. Longbon
next Monday evening, the members
must first either reject demurrer
filed by w. A. Longbon yesterday or
sustain the same and In the latter
event there must follow a dismissal
of the court of inquiry or investiga.
ton or q ruling made that will eX-
clude two of the members--Messrs
Robert ]. Pennell and j. Wilbur ia
coby-from sitting in the hearing.
Mr.. Longbon in his demurrer oh.
jects to the two members named
above participating and sitting as
Judges because they are his accusers
and have both formed and expressed
opinions. The defendant in the case
declares that no law in any land per-
mits the accusers to try the accused.
Objection is also made to the inves-
tigatioh for the reason that 1t Is de-
clared to be without authority I'm law.
1t Is quite likely that action tend
ting toward the dismissal of W. A.
Longbon will be followed by battle
i'm the courts.
Mr. Longbon today declared that he
will spring some surprises when the
hearing occurs next Monday evening.
He also declares that the board
wrongfully held up his bill for 10
days services at SO pc day as cX.
aminer. Col Bowen bill was for
eight days Clerk clark's bill was
for nine. These were allowed. Mr..
Longbon asked for 10 days because
one day was necessary to prepare tho
20. tl,. it,g
ton, another half day was necessary
to prepare for the investigation which
was ordered and another half day for
the investigation which, he says,
clearly entities him to. the extra day
The following is a copy Of the de-
murrer filed with the board and
which was made public today when
Clerk o. G.. Briggs of the board re-
fused to give 1t out for publication:
Before the Honorable Board of
Education. Marion City School Dis
trict, Marion, Ohio.
In the matter of the charges pre-
ferred against w. A. Lougbon.
Now comes the said w. A. Long
bon the accused, and objects to the
court of inquiry or investigation as is
now constituted herein, namely the
board of education and says:
That he objects to Robert j. Pen
nell and j. Wilbur Jacoby, members
of said board of education, in any
way participating in the hearing of
said cause or passing judgment there
In for the following reasons, to-wit:
First--Said Robert j. Pennell and
j. Wilbur Jacoby are his accusers.
Second-Said Robt. ]. Pennell and
j. Wilbur Jacoby have both formed
and expressed written opinion in
said cause.
Thlrd-That before the time of
trial of said cause the said Robt. ].
Pennell and j. Wilbur Jacoby both
verbally expressed their opinion of
the truth of the matter charged by
them to many OF the citizens of Ma
rian, Ohio, and along the publi'
streets.
Fourth-That the laws of no land,
neither civilized or barbarous. compel
the accused to be tried by his ac-
cusers
Fifth-That the accused is not
with an offense prescribed
by statute law of the state of Ohio
Sixth-That the charges preferred
by said Robt. ]. Pennell and j. VIII
bur Jacoby do not fall within the
provisions of section No. 4077 Ro~
vised Statutes of Ohio.
Seventh-That said charges do nor
rise to the dignity of an offense speci-
fed by section No. 4O77 of the Re.
vised Statutes of Ohio.
The accused ther-ypre demands
fair and impartial trial and maintains
that the same cannot be had before
the board of education heretofore
named with his accusers, Robt. J.
Pennell and j. Wilbur Jacoby, sitting
thereon as judges.
w E. Longbon.