Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1921-04-27
CASE
PASSED over
UNTIL AUTUMN
Pupils Cheer Professor When
Motion For Continuance
Is Granted

superintendent Of schools, and w.
N. Ellison, a former teacher, caused
a posponement in the county court
this morning of the trial of w. "A.
Rascoe, principal of the high school,
on a charge of aggravated assault.
The charge grows out of a whipping
administered to a pupil by Mr.. Ras-
coe.
Pupils Of the school, who packed
the court room, gave remarkable
demonstration when the application
of Mr.. Rascoe's attorney for a con
tinuance was granted by Special
Judge H. l.. Yates. Under the direc-
tion of a cheer leader they gave
Fifteen 'rahs" for Mr. Rascoe, simil-
ar TO those given TO heroes on the
football field.
1t was an unusual crowd that fill
led the benches on the main floor
of the district court room and over
flowed into the gallery. being made
up largely Of school children. Most
of the high school teachers were al
so present, having been summoned
as witnesses on one side or the other.
Court house attaches commented up
on the silence and orderliness of the
spectators, so different from he
usual court room crowd.
That the case was Of extraordin-
airy interest was also apparent from
the array of attorneys on hands. To
assist County Attorney Kent in the
prosecution, the law firm of Sea-
bury, George and Taylor had been
retained. Mr.. Rascoe was represent
ed by Attorneys Davenport. Jones,
Graham and Williams and Judge <.
X. Goodrich, president Of the school
board. "A special venire Of fifteen had
been summoned BY Sheriff Vann
for jury service.
Mr.. Davenport submitted the mo
tion for continuance. II alleged that
Mr.. Yoe had promised to attend and
testify in behalf of the defendant
but had been suddenly called away
by the death of relative and could
not be reached in time for his APP
pearance at this term IF court The
defense sought to show BY him, il
said, that the whipping administered
was in accordance with rules and
regulations Of the schools covering
the punishment to be meted out in
serious cases.
The motion also stated that Mr..
Ellison had promised TO appear and
give testimony in behalf Of the de-
fendant, but had since gone to New
Mexico, beyond the jurisdiction Of
the court and IL would be impossible
to bring him here for the present
term II was stated that the defence
expected him 70 testify that the pun
ishment in question was administer
ed in his presence and was not ex-
cessive or unusual.
The attorneys for the prosecu-
! cution did not seek to contest the
application for the continuance.
After it had been granted, however,
Mr. George asked the court TO set
dav for the trial at the July term.
To this Mr. Davenport interposed the
objection that Judge Yates was sit
ting as a special judge and could not
set the case without risk of conflict
with the regular settings Of the
docket.
Mr.. George answered that this
objection could be got around by
calling in Judge Dancy for that pur-
pose. He reminded the court Of the
many witnesses that had been sum-
moved.
Judge Yates said he was inclined
to agree with Mr.. Georges view, Cx-
cept for one thing. This was that
many of the witnesses were teachers
who would be away attending nor
NAL school in July and it would be
hardship 10 bring them back TO
Brownsville in the midst of the sum-
mer for the trial.
ans runng was understood 10
mean that the case would not come
up for trial before next autumn at
the earliest. 1t was after this I1at-
ter had been disposed Of that the
school children cheered Mr. Rascoe.
The students organized another
demonstration in behalf Of Mr. Ras-
coe later, forming lines and march
ing on Elizabeth street. When the
principal later appeared on the street
the students gathered around and
cheered him again.
Copies Of petition signed BY 90
pupils endorsing Mr.. Rascoe in rho
matter AZ issue on trial We're ex-
hibited by some of the studen iead-
ers. One of them said that the igna-
lures were obtained in less than an
hour after school yester lr. lie de-
ciared that only three students to
whom III had been prcSc had re-