The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-01
FATHER HAYES DIsCHARGED.
Tho Cos.pininnntsJ Fan 20 Appear and Ae
euse him of child whipping.

Before Justice Duffy and associate JUS
tees In the Special Sessions yesterday. when
the charge Of the Socio,y for the Prevention OF
Cruelty to Children against tho Rev. Father
James w. Hayes ofsSt AIMS Roman Catholic
Church, and Superintendent OF tho school at
tached to the church. was called the socicty's
lawyer announced that tho prosecution was not
ready to 20 on, and nsked that tho trial should
be postponed until Tuesday next.
The history OF the case is. briefly that on tho
14th ult. before Justice Smith. in the Essex
Market Police Court. Mr.. L. Fellows jenkins OF
tho society charged that Father Hayes had
whipped Frank Cassacza. years old Of
S26 East Eleventh street. pupil in
OF the society examined tho boy. he
said, three days after the chastisement and
found two bruised spots back OF his left ear.
similar spots on tho left arm. md on the back.
legs. and hips. twenty bruises. Playfelows OF
Frank testified that the boy was whipped for
two minutes. and that twenty blows or moro
were struck with rawhide, Miss Campbell.
Franks teacher. said that Father Hayes was
IN her room not more than nve minutes and
that In that time he pnnishsd i've boys. Frank
fled that he had been superintendent since Sop
temher last. that II was not his custom to chas-
tise boys. but thntFrank was so unruly that no
was punished ~ an example, The Father
pulled from his pocket an elastic whip that he
saiu was MS private property, ana was the ono
with which the chastsement was administered
Tho boy knelt before him. Father Hayes said,
and was struck two or perhaps three tmes. not
on the head. legs. hips. or ear. On the back the
witness might have struck tho boy. but he was
not positive.
Justice Smith held Father Hayes In $500 bail
for trial In Special Sessions.
On the 9th ult. the case was called before
Justice Murray. in Special Sessions and was
adjourned to the 2Sth, on Mr.. Jenkins's plea
that the child and mother were in Connecticut
When the case was called on the 2sth. Onlcer
Iundberg for the society. presented n writ OF
certorafi for n review Of tho Special Sessions
proceedings in supreme Court. Chambers. on
june 2; Notwithstanding. the case was ar
ranged TO be chilled Yesterday In Special Sos
sions. Father Hayes aud many witnesses were
ia The court room but the society's lawyer read
an affidavit hy Mr.. jenkins that he could not at
tend court. and hence the lawyer asked for a
poStponcment until Tuesday next
Father Haves's lawyer opposed further post
ponement. Some Of Father Haycs's witnesses
were teachers. and the school exercises had
been broken up now for the third time. The
Society for the Prevention of Cruelty to Chill
drcn had done some good work. but its officers
ought not 10 20 10 such extremes simply be-
cause the defendant is u clergyman. Father
HAYES and his many witnesses ought not to DO
SO triicd with.
" It certainly Is n hardship" Justice Duffy
said. and then. after talking with his associate
Justices. he added; Call the witnesses for the
prosecution
The Clerk Of the court called for Mr.. Jenkins
ONlcor Bell. AMI one or two other prosecuting
witnesses. but no ono responded.
- Tho case is dismissed Justice Duffy now
said. and there was applause in the court ROOM