Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1854-12-13

Tally Assuming I1unchDack Child.
The jury in the case of Nicholas Miller against
John B. Weicomb, before the circuit court, rem
dered verdict yesterday morning subecting the
defendant to fine Of $500. The action was
brought against the defendant, who is a German
Catholic priest for an assault upon John Miller, the
son of the plaintiff a little hunchback. II appear
ed in evidence on the trial, that John, in company
with other boys was attending mass in the church.
previous to entering the school-room.
During the exercises he whispered to younger
brother, bidding him keep still. After the cere-
mony was concluded, the priest, not aware that
John had transgrcssed, bade all or any boys who
had violated the rules to stay in the church after
the Others left and coming to the altar, kneel down
with their arms uplifted and SO remain one hour as
a penance. John having violated the rules, stayed
with the others, but told the priest that he could
not comply with the order on account Of his in
trinity that he had done it once before and had
been sick and suffered much In consequence
The priest called John to him, and saying, "Then
will punish you otherwise seized him by tho
ears, lifted him from the floor and then either let
him fall or threw him down, with considerable
force. John was told to go to a seat, but he was
30 hurt by the treatment he had received that no
could not walk, and therefore crawled to one and
got upon 1t as best he could.
The other boys left the church when they had
completed their pcnance, but John was unable to
out Of school and entered the church to look for
him. They carried him out and tried to induce
him to walk. He made repeated efforts, but fell
down helpless They then carried him to house
near by, where the priest came to see him and pro-
cured conveyance to take him home.
1t did not appear that the defendant exhibited
any malice toward the boy, other than to punish
him for violating church rule. lie procured a
physician for him, and said he would pay the ex-
pense. John was confined six or eight weeks, and
is now only able to move upon crutches, whereas,
previous to this affair he could run about quite
comfortably. Physicians testified as to the injuries
resulting from his fall The following is the sub
stance of the charge given by his Honor Judge B.
s. Morris, under which the jury brought in the ver-
dict mentioned above.
The defendant has no authority, in law, or re-
ligion to commit an assault and battery upon the
boy on the ground that he waspastor of the church.
and while he was saying mass the boy whispered to
his brother to be silent, the priest would punish
him. Nor is it any defence to say now, had the
boy told him the reason why he SO whispered to
his brother he would not have chastised him for SO
acting in the time of mass, if he 1.-THE defendant)
inflicted the injury without first asking the boy
why he so whispered to his brother as aforesaid
and if the fact be proved to your satisfaction, that
the defendant inflicted the chastisement in the de-
claration mentioned, pastor Of the church, with
knowledge that the boy was laboring under and
complaining Of a disease of the spine, then, in
that case instead Of such (defendants) knowledge
going in excuse and in mitigation, it should go 10
extend the amount of damages. No one but the
school-master and the parents of John Miller had
any authority to chastise him. and the supcrinten-
dent Of the school has such authority.
If the jury shall believe from evidence that the
boy John Miller, did whisper at mass in the church,
yet the defendant had no right by virtue of his Of
flee of priest to punish the said child of plaintiff for
20 whispering at mass