The sun., 1878-09-29
GEORGE SMITHS FLOGGING
THE HUNTERDON COUNTY JURY UvCER-
TAIN ABOUT IT ALL.
Failing 20 Convict the Teacher for Whsppsus
Several Of His Boys-what FoiieweA
Playing Penny In Hole" at Recess.

Playing Penny IN n Hole F" ~ Recess
FIEMrNaToN, N j., Sept. 2s.-The noted
case OF the State agt. John p. Hurley has been
terminated by the disagreement OF the jury.
Mr.. Hurley IL. and has been for some years. tho
teacher Of district school in Mount Airy. about
three miles from Lambertville. in this County
OF Hunterdon. One OF Mr.. Hurloy's pupils was
little George Smith. He was mischievous at
home. and. unfortunately for him. his parents
requested Mr.. Hurley to keep his eye on him.
On the LIST OF July last the beginning OF the
summer holidays was only a week ahead In the
Mount Airy district school. Every schoolboy
trudeed more unwillingly past the tcemine or
chards and tho familiar hooks where he knew
cherries were ripcning. and thought OF the
cool. refreshing waters OF the Delaware or the
canal near by. where he hadn't had a dive since
last summer.
Mr. Hurley found the boys more reetive than
usual that morning. He sighed with relief
when he dismissed them for their incoming. and
AZ he walked to the school house. door to re-
sumo his irksome task. he wished the week
well over, just then he heard great uproar
outside OF the fence. He walked over to con-
venient knoth9le. and applied his eye to t. He
freshmen. or fresh bovs Mr.. Hurley said moth
looking fresh and Innocent but indueing in
many wink or grmac" over the Jolly fun. But
before tho day ended George smith ana nlno
other boys suffered from the application OF an
apple switch. Mr. Hurley had probably for
gotten that the New Jersey Legislature had
abolished fogging in the public schools. The
Smith family. who had asked him to keep his
eye on George when they found Georges per
son bruised and wcted determined that Mr..
Hurley had put too liberal a construction on
their hint. They consulted n LAWYER The
pains and penalties he suggested seeming in
adequate, they waited until the meeting Of the
| Grand Jury in the present month, and laid their
complaint before i. :, The Grand Jury brought
in n bin against Mr., Hurley, and thus orig
mated the case OF The State Va. John =. Hurley.
Judge Wurtz OF the Quarter Sessions. pre-
sided N the trial. District Attorney Kuhl con-
| Quoted the prosecution. He proved the Aogging
| OF the ten boys with particularly. Mr.. Hurley
boys. save in one instance. where He gave six
| for good measure. All the hoys agreed that the
count was correct. and cuts impnrtially laid on.
| Georges parents located his wounds and
| bruises to complete the corpus deiici.
| Mr., Hurley. in his defence, admitted that the
| boys had counted correctly but he set up leave
| and license. in that Georges parents had re-
| duestcd him to hog the mischief out OF him
| rebuted this testimony. They remembered
| invoking the masters eve but not his switch.
| In summing up. Mr.. William n. Allen. who
| appeared for Mr.. Hurley. cited Blackstone to
show that under the common law parent can
| delegate the fllial prcrogative OF flogR ,ug and
| asked the Court TO charge tho Jury that, rs the
| statute did not expressly take away this power
| Of delegation, Mr.. Hurley merely stood In the
| parents shoes in being unsparing Of the rod.
| The Court declined 10 40 charge. and left tho
| jury to unravel the knotty law point for them
| selves. They worked at II from the middle Of
| day. md then they and Mr.. Hurley were dis-
| charged. 1t Is said that they stood eight Tor
| acquittal and four for conviction. This r'eult
stand taken in Mr.. Hurlcys favor by the school
| trustees.