New-York tribune., 1879-06-12
THE COUNTS.
TRIAL OF FATHER HAYES.

TRIAL OF FAItEh Hal Ec.
EVIDENCE FOR THE PROSECUTION AS TO THE
WHIPPING OF LIrTLH ITALIAN BOY.
The Rev. Father James w. Hayes, OF st.
AIMS r. c. Church, aud superintendent OF the paro'h
school attached to the church, called to tho bar OF
tbe Court OF General Sessions, before Judge Glider
sleeve Yesterday for trial the indictment found by
the Grand Jury FRIDAY last, charging him WIN as
sault upon one OF his scholars, Frank Cassazca ad
five years OF age. David Mcclure was present as eonh
sci for the defendant, aud Assistant Dstrct-Attofney
Lyons appeared Tor tho people.
Before Jury counsel Tor the deli nGant
asked the Jurors any hom knew OF any reason why
they were capable OF trying the case fairly ana
whether any OF them members or the Society for
the Prevention OF Cruelty TO Children Mr. Lyons asked
If any Of the jurors members Of st. AIMS Church
Those questions being answered 10 the satisfaction OF
the Court, the jury was sworn
Mr. Lyons III his opening, said there nothing In
the case which would make 1t different from any other
far the province Of jurors was concerned. The
prisoner was reputable member Of society and re-
spected member and priest OF great church bnt
the issue 10 be settled plain and simple question.
II was whether Father Hayes unnecessarily and too
severely punished child under his charge as supern-
tendent OF st. Auns School. The complaint, he ex-
rained was instituted by The Society for the Presen-
tion OF Cruelty 60 Children The cbnd came home from
school on May and complained to his parents OF the
punishment he had received IL the facts were as he
had heard them the defendant had been guilty OF ad-
ministering improper punishment. He had exceeded
his authority aud ought to be held responsible.
Frank Cassazca the boy who had been punished. as
then called He is small for HIS age and when led TO
the witness stand seemed confused Judge Gdersieeve
questioned him ascertain his intelligence. When
asked wnat would OF him IL he did not tell the
truth. replied promptly" I'll be rattanned" The
child said he had beard of the Bible Tho Court
decided that the child should not be swors. and the
for the prisoner objected 20 the child being ex
amined unless under OATH the boy lifted out Of the
witness chair by court attendant and of TO join his
friends.
Antonio Cooney, a lad ten years DID, then sworn.
He testified tnat he lived in the house with Frank
Cassazea and went with him TO 81. AIMS School, IN
Elsyentnst., between Third and Fourth-ayes He re-
membered FRIDAY, May . he wen 10 SCHOOL WIN Frank
and in the room bui not In the sano class WIN
him. Father Hayes cane into their room about 1870
p. M and whipped Frank ana nye oth.Is WON nc
named; he used q rawnide. Frank was talking in
Ou The floor Father Hayes told him to take OF his
jacket; Frank did not know how TO take il off; he was
Crying, and ran 10 his seat rather Hayes then went
to the seat aud hit Frank SIX times on the head
with the rawhlde; he then whipped him on the back
any Out Father Hayes went on with the whip
ping After striking the boy on tHe head he pulled on
Franks Jacket; then he hit him on the hands. Father
Hayes told him 10 hold out his haud and when Frank
SAID It hurt Father HAYES said LIats %hat & want u
went home al o'clock aud did not cease crying until
Under cross-examnaf1o by the counsel for the de-
fence the witness said thai Franks mother his god
mother aud that they all Italians. lie had talked
with about what he 10 say. He positive
that Father Hayes struck Frank more than twenty
blows with the rawLide; the counted the blows
until they reached twenty and more struck after
ward The first six blows the head then there
the back, about four on the legs ard nlhe
the hands. After the whipping over, Father
Hayes told Frank that # he bad again he would
take hin down 10 the chapel and give him worse. lhe
witness wa, then closely questioned as TO the number
of blows and where they were inflicted. His evidence
very straight forward and was IN DO way shaken
After tbe eXamlna at the police court. the witness
testified, Franks sister told the witness 10 tell the TRUTH
stick the story, and thtt IL he did not he
would spoil He denied that on leaving the
Grand Jury room on Thursday ne put Ou bis tongue at
Father Hayes, called him aud SAID that tue So
ciety would send hun up the river.
ne ga " be continued to-day