Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-07-11
Report OF eases decided in the Marion
Circuit ComrI. JmIy Term. 1850.

% lay stale " J. r. Myers. ms was an lndfctmentl
r an assault aud battery, with intent cumm murder,
upon the body Of The defendants son, John w Myers.
Talby jury Evidence in Substance follows The de-
cnden an honest, Industrious moral, and determined
His bad fellow, of twalvs wears Old,
off, and is gone from home for days, aud sometimes
wstks at time, sleeping boxes aud stables, snd
getting his food from other bad boys, who probably sieal
The from their parents table cupboard for him.
lie backguard aud thief and the truth is not in him.
For Two years past more, these have been his habits
The defendant has frequently had search long for hii
and generally without success for the Young gentleman
seemed be all eye and ear and generally able tn
his father before his father could lay eyes hands "n
him. aud is possessed of availabla par
Of heels. With to establish the intent the Stale
took wide range aud gave evidence Of many
we're g1ons, administered by the defendeni. But,
Unfortunately for the prosecutions the facts CONNECTED
Herewith elected develops facts I'M
partant 10 the deence To vii: that these said casiign-
inns, whether with rod, cowbids paddle, NIL
justly due and fully meriied aud that they had uli failed
producing any sensible reform reclamation. Before
the bays back would he healed, he would be off
cruise and would remain est iuyentns during his
sovereign pleasure On the OCCASION f,r which the
defendent indicted, he lied the boy, chained him,
and after cowhdng him, aud leaving him. returned aud
picked up small stick with sharp corner mud strurk
the boy The head leaving small deep the
bone.
The instructed strongly in favor of parental
tority, aud anmadyerted upon manifest neglect in the
proper of this prov ed exist by Tie fact
o the of large of boys by day
and by night ready for all soris of mischevous enterprises
the of the rubvert parental authority,
fling au ay all SoIonons wisdom, aud Substitute the in
dependence Of young rawdIes, aud the sickly sInmen
atty of certain modern mornlisis, who great
writing books, giving admirable directions for The gov,
ernment of good boys but who failed prescribing dis
cpne Tor bad Ones if they should ail remember and
apply the following principles, TO wit: 1st That there
is lie gal presumption that parental need
iu and only appOroned 10 The offence necessity until
the contrary appears from testimony ad, 81, that when
assault and battery is just6able its inception, the
ilat limit A. thu ia
stick, the court OF opinion II would amount TO
saut and battery, f the sry should believe II aimed
at the head, and designed inct wound but that il
the jury should believe that ahed proper part
of the body, and only with the chastse, fo
pernence stubbornness they ought that APP
parent excess, under all the circumstances of this
The court said il the duty of parents and masters
to keep their minor aud apprentices well in hand
and prevent them from becoming habituai Migrants
night walkers and providers. They owed this duty tc
the community, well TO their aud apprentices
No good citizen would suffer his apprentice ado
himself the number Of the band of vile boys who
acquiring city habits in this little town, with pre-
cociuus proclvity.
The jury very properly acquitted the deanden, il
five minutes.
9Th and 9th Days. State y. John Posue. Murder il
the second degree One day and a part of n second
occupied in the examination Of The witnesses the par
OF the State very general impression has prevailed
that the defendant would be acquitted, but il probabl
that lew expected To hear made out, by The States wit
alone clear of both legal aud moral self de
I fence AT the close Of the testimony behalf 0 In
Sate the prosecuting Attorney under the advice of tn
Court Abandoned the prosecution, and the jury found
verdict of acqula without leaving the box. Court Jury
and bysandes wero srat6ed To bs informed by the ey
dence that The defendant had slain the deceased, (Joh
Sparlan) under this and cearest necessty
himself from loss Of lie, very great injury.
is understood that the defendants Witnesses would hav
made the case more clear. Ii Is gratifying To all guo
men, TO old resident, and nofensive thu
> acquitted of both legal and moral blame