The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-10
INSTRUMENTATION Is Made
Charge Against
Darlington.
WILL RESULT IN
AN INVESTIGATION
Board Fixes December ~ as Date
for Formal Hearing on Prison
Conditions-Refused to Hear
Evidence of Darlington,
Who Will Appeal
to Courts.

For the second time within i've
weeks. DIR. Charles v. Darlington was
yesterday afternoon removed az CUR
geon of the Virginia Penitentiary by
the board OF directors. In q public
statement. the board announced that
! 1t had decided. on n full Investigation
OF charges against the prison made by
DR.. CasTington and set December
u as dSse for taking up this matter.
The reason assigned by the governing
body OF the institution for the re-
moval OF the surgeon was misbehavlor
and INSTRUMENTATION.
! The second removal of Dr. CARING
ton was not unexpected. He was not
in the least surprised at the action.
and. following the boards decision. an
nounced that he had not the slightest
idea OF giving up his fight.
Returns Denunce.
They attempted to remove me on
October 81" he said. without notice
and without hearing. After getting
light on the law from the City Circuit
Court. they attempted to-day. upon a
notice OF three days. to remove me
without any sort of a hearing what
soever
OF course. shall persist In trying
| to secure any legal relief which l can
ohtain-It Is for my attorneys to say
In what form. My sole object is to
have all OF the facts brought before
the people of the State"
DIT. Darlington was not allowed to
produce any of his evidence at yes
| terday's meeting. though witnesses
were present TO testify.
The hoard assumed the position that
The trial was for INSTRUMENTATION and
considered this fact satisfactorily
'rovcn when the surgeon admitted the
authorship OF certain newspaper pub
.lcatiens.
Orders Investigation.
Each effort on the part OF counsel
( for the defense being overruled by tho
| board. DR.. Darlington and his attor-
neys withdrew from the meeting and
| the board went into executive session.
Though 1t began it, session at 8
o'clock the following statement was
not given out until after O'clock
last night:
Whereas. DR.. c. V. Darlington has
made statement that he was prepared
| TO show that certain official or OIL
Gals or employees of the Virginia Pen
itentlary were improperly Influenced or
controlled by the Thatcher Shoe Com
pany. and that he would produce Wit
nesse3 to show that men were being re-
tained untustly and prevented from
obtaining paroles or pardons, to which
they were entitled; therefore. 1t is
Resolved. That this board meet on
the 9th day of December. 1911, at &
| o'clock P. 81. in the directors room
OF the State Penitentiary. to Investigate
the said matter. and the clerk of the
penitentiary is ordered to summon the
said Dr. C. V. Darlington and the witt
nesses offered by him. who are as fol-
lows: Clyde w Saunders, John G. Easley,
Mrs. Landon r. Mason, James Aston
Cabell and Rev. s. C. Hatcher. and any
other witnesses that DR.. Darlington
may deem necessary or may name to
the clerk. at which time this board
| said statements and remedy any such
conditions. IL they prevail"
Carrington's Objections.
Major Miles NJ. Martin. who, with
John B. Minor and e. B. Thomson.
represented DR.. Darlington, attempted
to get before the board numerous oh.
jections to the method of procedure.
but thess We're rejected
The objections were as follows:
The board of directors of the Vir-
glnia Penitentiary having. by its or
der of October 81, 1911, removed Dr.
Charles V. Darlington from the ofHce
of surgeon without notice. investiga-
tlon Or opportunity to be heard, and
the Circuit Court of the city of Rich
mond declared the action null and
void, and the board having refused.
and still refusing. to reinstate him in
Office Or to allow him to perform the
duties thereof. DR.. Darlington denies
the authority of tho board to make or
hold any legal investigation of his con-
,, duct as surgeon of the penitentiary, or
to take any step In such proposed in
vestlgation. until and except the board
shall first have reinstated him in the
office OF surgeon.
"Dr. Darlington further alleges that
he has not been given reasonable no.
tice of the proposed investigation. not
! having been served with notice until
! December 3, 1911. at p. NJ.
Says II Is Illegal.
DIR. Darlington excerpts to the meth
cd of procedure as proposed and out
, lined In the notice served upon him,
on the ground that it Is not in accord
ance with law.
! DIR. Darlington further excepts to
! the sufiiciency of said notice and OF
the alleged specification of charges
therein contained on the following
grounds:
THAT the notice and alleged spee'fi-
cation of charges Is too vague and in
definite to properly inform Dr. Car
; rinSton Of the specific charges against
him and to afford him nropor oopo--
! tunity to prepare his defense. That
none of the matters in the notIce con-
stttute proper legal grounds for re-
meval from the office of surgeon.
&"Dr. Darlington denies the right or
the propriety of the board OF direc-
: tors passing upon the charges pre-
ferred against him by tho board on
the following ground:
Bonrd Interested Party.
THAT DIR. Darlington is charged
with being the author of newspaper
article. which by Implication is alleged
to reflect upon Messrs. Cohen. Scherer