The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1867-03-20

/, journed sine die on Saturday morning last
The case on trial Yhen we won't, to pres
last week, was tkat .AtRs State "a. Mis-
Mary A. Galloway for assault and battery
T The verdict, "Not Guilty" was returned
by the Jury, after celebrating about hal
an hour on Weanssdsy evening" much t,
the gratjfcatich Of The defendant and til,
apparent joy q lsrgesnunbsrs Who ha{
heard the trial, Az the case has attract
ed SO mu,h attention, aud being 50 i'm
portant to the public, Involving the rights
and liabilities Of Sshsol TeachsrsD we
have taken thatfoable 70 procure I fair
statement Of the facts as devel ped by the
testimony, Tho evidence showed that on
the 2lst of December, 1865, Miss Gal
loway was employed in teaching School
in Vsrmilliou tovnship, A short time
before school closed, on that day, and
while a class was spelling, a boy between
FIVE and six years Of, age, named George
S,o,t, making a noise on the slate and an
noying the school, was told by the teach.
er to stop the noise and put up the slate.
He paid no attention whatever to the 70.
quest, and the teacher then took the slate
from him and laid it down on the desk.
Ee took it again and told the teacher he
was going 10 have il, aud she took it from
him the second time. He grabbed. for it
again and kicked and struck at the teach.
er. She asked him if 10 was going to
mind her. Hereplied he ,souM NOT. The
teacher then called for a switch she had
in the school room and struck him six or
eight times, when she stopped and asked
him the same question as before. lie 70.
piled that he would not. She then in.
ficted about as many strokes as before,
and stopping, asked the same question
and received the same reply. This was
repeated the fourth or fifth time, when be
told her he would mind, and no further
punishment was Inflicted.
The evidence showed the whipping to
have been severe, but administered with
ordinary switches, and discontinued the
moment he yielded. The boy was con.
siderably marked, but the marks passed
away in a few days and no serious conse-
quences resulted. The evidence showed
the boy to have been disobedient, willful
and stubborn, and that there was no dis.
manifested by the teacher other
than to compel him to yield to q reasona-
bic requirement. i3iijJI yT5{3
The charge Of the Judge was to the cf.
feet that a teacher might whip a scholar !
10 excess without being legally liable, and
that, in case Of excessive punishment, ifl
evidence showed neither theuse Of an
improper instrument Of punishment, nor
malice, she was not liable. We think
the claim Of excess was not made out, but {
if it were, the prosecution failed to prove
either the use of an improper instrument ]
'r any ill.fceling on the part of the teach. S
Tho decision was a righ eous one,
Ind had it been otherwise, we would give
little for the discipline of the Schools Of =
our county. As it is, teachers, scholars
md parents have reason to thank the in.
diligence and justice of an Ashland .
Jury. I
Miss Galloway is an exemplary lady
md an excellent teacher, and finished her !
with the appreciation of the District, {
excepting StoR and Smith-the former t
'efusing to send his boy because he could I
lot do as he did at home, and the latter =
he wanted the teacher convicted .
# assault and battery. q
Judge Geddes and Judge Curtis ap. |
'eared for the State, aud R. NJ. Campbell !
md W. B. McCarty, for the defendant. =
In the cass Of the State of Ohio VS.. |
Frost ct al on motion, and after r
rgumsnt BY counsel the indictment was .
and the defendants discharged. !
hey will probably get another turn of o
be wheel next term. 81
In the case Of the State vs. James Car b
y, for assault and battery, the defendant .
as found guilty and sentenced TO a fine
I twenty dollars and costs.
All the cases against parties for sell. =
'g liquor were continued. This was in
'nslderatiOn of some kind Of agreement
the defendants to quit the business
'e understand that II this agreement Ct
lould be violated, those guilty Of the vi. lii
will be prosecuted to the full OK. ar
mt Of tho law, Otherwise, mere nomiu. oU
fines will be imposed. an
The next term Of Court Is fixed for o..
70 9th Of August nels. &c
--..- wi
serwe the undersigned, being person. Ss
y sequ,,n ted with Samuel Jackson, Of en-