Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-08-26

lhI lNh HbuIN more ldhlHE ANt ltbhl
points raised during the trial of the
case and quoting authorities on which
the defense bases It's claims that the
new board is the de facto school
| board
Carl Magce win then follow him in
the closing address for the defense
Mr., Mugec win probably speak for
about an hour and a half, and Will
not quote many authorities making
his address mostly argumcntatiyc,
When Mr.. Mugec is done Mr. BID
| Olson, chief counsel for the plaintiff
VIII close for the plaintiff 1t IL
during Mr. Biddson's address that the
spectators look for sensations
The third day of proceedings was
slow ana uniuterestng oven moro so
than those of the preceding day Not
Withstanding this, the court room was
well hllo0 during the afternoon with
an audience Of which nearly htty per
cent were women, Interest wancd
sadly during the afternoon when the
attorneys were arguing the case, and
was only revived periodically when
one attorney stopped and another one
took up the tiresome work of quoting
authorities.
The last bit of evidence in the case
| was placed in the record at II o'clock
Yesterday morning at which time the
court adjourned until 1880, When
court re-convened for the afternoon,
! 4. /. Davidson, attorney for the
! plaintiff, took the floor, and for two
hours pleaded the case of the old
board in a splendid argument, well
backed up. Most OF his time was di-
rccted in showing why the old board
was the de facto board ana recitng
authorities on each point as he
made it,
He took up the school board con
troversy and traced it step by step
from the beginning to the present
time overlooking no chance to score
the actions Of the two later boards,
and making points for the actions Of
the old board. He wandered some
what from the records of the case
in attacking Professor Masters for his
actions in holding the fort" at the
old High School building. For this
ne was called down by the court
although the attorneys for the defense
signihed their willingness to let him
proceed.
Judge Williams, a partner Of Da-
yidson, then took up the argument
pleading that the office Of supern-
tcndcnt Of schools was not public
office He spoke for about an hour
and bitterly scored Professor Masters
who, seemingly was getting more of
the attention Of the counsel for the
plaintiff than the real issues in the
case on trial.
Judge Martin then opened for the
defense and was still talking on the
subject Of whether the office Of sup
erintcndent was n public office when
the court adjourned for the day.
When court convened at o'clocl
yesterday morning the defense took
mp their case where it had left off
the night before. Professor J. G.
Masters was the first witness on tho
stand. He testified that he had been
acting as superintendent and was still
acting as such, and that he knew Of
no other person who was acting rs
such.
Ray s. Fellows, principal Of the
Lynch ForSythc School, followed Mr.
Masters on the stand He testific
about making applications for his pc
sition to all three school boards
J. T.. Lister, lecturer for the Okla
homa Anti-Cigarette League, testi-
fed that he had transacted business
with Professor Masters and rccog-
nizod him as the superb -E%"nt of
the Tulsa schools. He arso testified
that number of officials about the
state regarded Mr. Masters as the
superintendent.
County Attorney Pat Malloy testi-
fled as to the bringing of quo war
rento proceedings against the inter
mediate school board. He said that
it was not brought at the instigaton
of the old board.
Dr. j. $. French testified about the
drawing Of lots when the second board
was organized to determine what
members of the old board should hold
over
c. w. Crimes president of the in
termediate board, who returned to
the city yesterday, testified along the
same lines
A. +. Young, ianitor of one of the
school buildings, told the court that
he had been appointed to the position
as janitor by all three school boards
but that he was fired by the old board
and requested to give up the keys to
the building. This he refused to do
with the Introduction of sixty affi-
davits over the objections Of the
plaintiff, from citizens of Tulsa, to
the effect that they recognized Pro-
fessor Masters and the new board as
the rightful office holders, the defense
rested its case.
The plaintiff introduced no evidence
in robuttal.