The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-08-27

ou hheCtSStu5 young Hldn anu worthy
citizen hurried from the world, and
doomed to expiate on the gallows, that
crime, committed by the hands Of vii
lain and assassin. 1t may be proper for
the welfare of the world, to pass SEN
tence on the accused, on the authority
of circumstantial evidence, but it would
be far better, by statute, 10 annul the
practice; and it was the opinion Of lord
Hale, that it were better TO suffer nine
ty guilty persons to escape, than to
punish, unjustly, one that is innocent.
GREENFIELr, AUGUST 10.
A term of the Court of Common
Pleas was holden in this town, last
week, the Hon. Judge Strong presiding.
Few cases Of much interest or impor-
lance came before the Court The
trial Of Joseph Smith, schoolmaster,
for severely aud immoderately punish
ing one of his scholars, a girl of years
of age, excited considerable attention,
from the novelty Of the case in this
section of the country, and the impor-
tant questions and principles Of school
discipline itinvolved. There was some
conflicting testimony in the case, from
which however might be gathered the
following circumstances. 1t appears
that the girl rose from her seat, for the
purpose, as she afterwards alleged, of
requesting leave to 60 to the fire, and,
in consequence of wearing new and
heavy shoes, as one of the witnesses
testified, slipped and came down upon
the seat with violence and noise
The master took no notice of this, until
it was repeated by the girl, when he
called her to him, to inquire the oeca-
sion of the disturbance. The girl told
him that she rose for the purpose, aud
did actually ask permission both times
to go TO the fire. As the master had
not heard her, he inquired of the other
scholars, all of whom denied having
heard her. He then proceeded 10 chas-
tise the girl for creating disturbance and
for her falsehood, at first with small
wooden feruie upon the palms of her
hands, and afterwards with small
switch upon her head, neck, shoulders
and arms, frequently intermitting the
'infiiction to represent 10 her the nature
and consequence Of her folly, and per-
suade her TO confess her fault. This
discipline was continued for an hour aud
a halt, or two hours. all other exercises
being suspended. The younger schol.
ars were dismissed, the older ones be-
ing requested TO stay. 1t did not appear
that any considerable alarm was excited
in the school, except among the sisters
oil the girl, and the younger scholars, or
that the master was in high degree Of
passion, using reasoning and exhortation
in the frequent intervals of corPoreal
punishment. The girl at length, ac-
knowledged her falsehood. and her in
tsntion to disturb the school. The ia
ther at ienSrn arrived, and the girl was
given up 10 him. A meeting of the dis
trict was held the next day, at the house
of the father, and the circumstances of
the case investigated, which resulted in
a determination to retain the master in
the school. The testimony varied con-
sderably as TO the degree Of injury re-
ceiyed by the girl; though undoubted-
ly severe, it does not appear to have
been followed by any serious conse-
quences TO her. Under these circum-
stances, the Judge directed the jury to
consider the occasion and necessity of
the punishment, the manner in which it
was inflicted, the conduct of the girl
during its continuance, and if they should
be Of the opinion that it exceeded the
bounds, which the nature of the offence,
and the necessity of good government
in schools demanded, they would return
verdict of guilty. The jury retired,
and returned in about an hour, with
verdict of acquittal.