The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-02-11

No case being ready for trial, Court adj
journed to Q O'Clock Thursday morning.
Municipal Court.-Feb. 10.
James Leighton, for drunkenness and dis
turbance, was fined So and costs. Committed.
Abby M. Grant, a teacher, and John Hay
den, pupil, in a school in Raymond, were
complained of for an assault and battery on
Joseph Reed, Jr., pupil Of said school.
The case attracted considerable attention,
especially among citizens of that town, many
of whom were present.
The testimony on the part of the prosecu-
tion disclosed the facts that the teacher of the
school assigned lesson for Reed, who is Is
years OF age, and, as he had neglected prev
ious lessons, she told him she should punish
him severely il he did not commit the lesson
to memory. The lesson was given out Fri
day TO be recited on Monday. On that day
Reed went to school, and when the class to
which he belonged was called up he refused to
come with 1t, saying that he had no lesson
His excuse was that he was obliged to work
on Saturday, and did not want to study it ON
Sunday. On being repeatedly called to take
his place in the class, by the teacher, he per-
sistently refused so to do, and, on the teach
er's approaching him to compel him to take
his place, remarked that he should not do it
unless she was stronger than be was. The
teacher then got stick to punish him, which
he seized and broke into three pieces She
then called upon Hayden to take Reed down
upon the floor, which he did, and she then
whipped him with the three pieces of stick.
Subsequently she got an oak stick about an
inch square, and punished Reed with 1t, re-
peatedly asking him il he would get his les
sons, and il he was sorry for his conduct
Reed answered in the negative several times,
but at length gave in and said he would get
his lesson and that he was sorry The teacher
then let him get up.
1t was alleged on the part Of the prosecu-
ton that the boy was severely bruised on the
head by the whipping administered by tie
teacher, and by being violently thrown on the
floor by Hayden, and was SO much injured
that he was confined to the house more than
two weeks. That his head was swollen in
several places, and there were many bruises
and discolorations on his arms.
The case on the part of the complainant oc-
cupied all the forenoon. In the afternoon
niue witnesses were sworn for the defense.
Miss Grant, the teacher testified that she gave
the boy, with others Of his class, a lesson in
arithmetic on Friday, to be rected the next
Monday. On the latter day, Reed refusing to
come up with his class to recite, she approached
his seat with stick in her hand. Reed said
he would not go up unless she was stronger
than he WINS, and then seized the stick and
broke 1t into four pieces, and then seized her
by the hands and held her until she called
Hayden to her assistance, who, at her re-
quest, took the boy down, but did not strike
him. She then whipped him with the pieces
OF stick, but finding that they were not suIta-
BILE, seized another, which was the one spoken
OF In the evidence for the complainant, and
with that she struck him few times, until
she got another stick, which she sent for, and
with which she whipped him until he prom
ised to obey her orders. She had previously
told him that she should whip him until
he promised to obey her, and promised to
learn his lessons. As soon as he had made
these promises she left off whipping the boy.
Her only design In Furnishing the boy was to
maintain her authority in the school, which
was the seventh one she had been engaged in
teaching, aud the first one in which she had
had any difficulty.
John Hayden, who, at the request of Miss
Grant, threw Reed upon the floor, testified as
to the manner in which he did it, He held
on to Reed until he reached the fioor-dd
not strike him; laid him on the floor twice
without any injury to him. He described the
punishment inflicted upon Reed, but it did not
vary from the description given by Miss Grant.
Did not hold Reed down after he was on the
floor.
Mr.. Nash, one Of the Superintending School
Committee Of the town of Raymond, testified
that after the affair was over, the Committee
were called upon by Mr.. Dillingham; to inves-
tigate the matter, and that they, after full
investigation, sustained the teacher in her
proceedings.
II was also In evidence that Dillingham;,
with whom Reed lived, told the boy not to
get his lesson and he would bear him out in
1t.
The defendants also introduced evidence to
show that the lad was not so badly injufed as
was represented. The testimony on this point
conceded with that Of the physician which
was introduced by complainant.
The case was ably argued by Mr.. Vinton
for the defense and Mr.. Holden for complain
ant.
Judge Kingsbury in giving his decision
said that there was no doubt in his mind tina,
teacher had the right, in order to keep
scholars in proper subjugation, to use punish
ment up to certain point, if necessary, un-
I'll life would be endangered. When it ar
rived at that point the teacher must stop and
call in the School Committee, the proper
tribunal; but this should not be done until the
last resort In relation 10 the present case
he could not see that the teacher had exceeded
her authority or that the boy had been so cru
ely whipped as was alleged From all the
testimony in the ease the teacher was not de
serving of the slightest censure aud the de-
PENDANTS must be discharged.
The decision of the Judge was received will
applause by the crowded audience.
Holden g. Peabody for complainant. Vinton
d bennett for the defense.
D8-Tne lecture before the Mechanic Asso