Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-12-12
=
THE CITY.
OUR PUBLIC SCHOOLS.
Z he Case OF the Teache ers Arrested ON
the Charge of Assault and Battery.

= ne Case OF the Teachers Arrested ON
the Charge of Assault ana Battery.
On Wednesday last, two teachers in the
State street Public Sehool-Mr. L w. En-
erson, Principal, and Miss Kate L. Hutch
inson, one of the assistant tcachers-were
brought before Justice IIeyl on a warrant
issued on complaint of Mr.. w. b. Brooks,
charging them with assault and battery on
his son Willie, boy of about ten years of
age. The defendants asked for separate
examination, which was granted. The eX-
animation of Miss Hutchinson took place
ON Wednesday, and, after hearing the testi-
mony, Justice Heyl discharged her. Mr..
Emerson's examination took place the next
day, and he was held to bail for his appear
ance to answer the charge at the next term
Of the Court of Common Pleas.
The following are the facts of the case as
we have ascertained them: Previous to
the act complained of, boys at the State
Street school had been in the habit of
siatching of each others hats and caps,
and throwing them away. Mr.. Kingsley,
the Superintendent Of the Public Schools,
directed the teachers in the State street
school to put stop to the practice, and to
punish those who should persist in it. 1t
was accordingly forbidden by the teachers.
On the evening Of the lst INST, after Miss
Hutchinson's school was dismissed, and as
the children passed out into the yard, Will
lie Brooks snatched of the hat or cap of
another -mall boy, and threw it up into a
tree. Miss Hutchinson saw the act, and di-
rected Willie to get the hat, and give it to
the boy to whom it belonged. He refused
to obey. Mr. Kingsley, the Superinten-
dent, being present, told Miss Hutchinson
to take the boy to her room and make an
example OF him. She accordingly took
hold Of the boy, and in spite of his resis-
tance and struggles to get away, took him
to her school-room. There he sat down in
such position that she could only punish
him with Il small rattan, and that only on
the knees upon which she inflicted several
blows. She then called Oh Mr.. Emerson,
who, taking hold of the boys head,
Strengthened him up, and struck him
across the back two or three times
with another small rattan. The boy
was then admonished and sent home. For
a day or two, two or three welts were Wis
ible about bis knees and one on his back
There was no evidence on the examination
to show that he had suffered any serious
injury. He continued to go to school daily
as usual.
Having made statement of the facts, we
need MT add word on the merits of
the case. The local of The Journal said in
that paper on Friday that from what he had
learned from the evidence on the trial he
had come to the. conclusion that Miss
Hutchinson was unfit to control a school.
But he had given no detailed statement of
the facts, so that the public could Judge
whether his opinion was well or ill-iound-
ed. yet he tells his readers that 1.-The facts
have been proven and the effects will for
ever attach to her as long as she remains in
this community" This isa singular state
ment In the face of the facts in the case,
and in the face of the decision of Justice
Heyl, who. after hearing and weighing all
the testimony adduced against Miss Hutch
inson, discharged her, thus exoneraling
her from all legal blame. .... ...
Miss Hutchinson was discharged, and
Mr. Emerson held to bail. Why this dis
tinction was made between the two teach
ers, we do not pretend to know. Perhaps
it was done to try in higher court the It.
gal question of the right OF u teacher to in
flct corporal punishment. We thought
that question had been long ago settled
in the affirmative. Corporal punishment
has been practiced in the public schools of
this city, ever since we knew anything
about thP"-for the last fifteen years-and
in some g within our personal knowl-
edge, wit, f.r more severity than in the
case of Willie Brooks. But if 1t Is desired
to carry on the prosecution against Mr.. En-
erson for the purpose of testing the case in
another and higher court, the opportunity
will doubtless be afforded. The following
is the copy of note addressed to Mr.. En-
erson by gentleman of this city, formerly
a teacher:
COLUMBUS, Dec. 0, 1864.
Mr.. L. w. EMERSON, Teacher, Column
bus-Sr: Having learned through the
public press that you have been held to le-
gal accountability for an act done.in the ca
pacity of teacher of a public school, which
Is said to involve the question of corporal
punishment. aud, being desirous that efli-
cient counsel may BE- retained. IN order that
an authoritative exposition OF the rights,
duties aud privileges of both teachers aud
parents may he had, | propose to contrib
ute ten dollars toward the payment of such
counsel. as soon as 1t becomes clear that the
case will not be compromised, or the prose-
cution abandoned. a'.s.
Respectfully Yours, - -.
FMNA WAITEp fhp tiupst TraUip Artrpes