Daily Kennebec journal., 1882-10-09
LAvoNEY HIGGINS.
A Pedagogue's Agony in Teaching
Smith6eld Damsel to Parse.
A Girl Made an Invalid by Blows Upon Her
Spinal Cord.
She Sues for Damages, and, Amer Three
Trtals. Receivers $500.

She Sues for Damages. and. Aner Three
Trials. Receivers $500.
There was on trial at Skowhegan last week.
in the Supreme Judicial Court for Somerset
county, Judge Virgin presiding. one of the
most remarkable cases ever brought before a
court in the State of Maine, writes a cores
pondent of the Lewiston Journal 1t is the
locally celebrated action Of ''Lavoney Hig-
gins, by her next friend. vs.. John E. Downs"
The peculiar circumstances connected with it
and tile law involved make the case unusual
iy interesting to the legal fraternity as well
as to the general public, and resume will
not be out of order
In 1850, young man named John E.
Downs was elected supervisor OF schools of
the town of Smithfield in Somerset county.
about II miles from SkOwhegan. He desired
to teach school in one of the districts, and,
accordingly, in his capacity of supervisor,
issued a certificate to himself as teacher.
November Of that year found him in :he ped
a2ogical chair with a Smiihfed girl
of IA years, named Lavoney Higgins, as
one of his pupils. One day, according
to the testimony in the case, Downs called
out class in grammar, Lavoney among
them. After an exercise in the rules of
syntax. the teacher put number of ques-
tions to the class. Selecting the word "suf
ferers," he asked Lavoney in what case it
stood She replied that she didn't know
''ln what case is a noun following transit
tive verb OF preposition?' asked the teacher
Dunno" replied Lavoney.
at is in the obj. ctive case. Now tell me
in what case the word sufferers is said the
teacher.
''Nominative," said the damsel.
The teacher reiterated the statement that
the word was in the objective case and then
requested her to tell him.
'POssessive," ret0rted the pupil
The teacher ordered her to say "Objec-
tive" but she PERSISTED in naming every other
case but the one desired. He told her he
would punish her if she didn't repeat the
answer correctly. She was obstinate. FL
nally he struck her with the pointer. She bent
over and received the blow on the back of
her neck and across her shoulders. The
plaintiffs claim she was injured for life and
has been sick ever since. Her father brought
for her q civil suit against the teacher. set
ting the damages at So, ,00O The suit was
first tried at the September term, 1881. The
jury disagreed. A second trial was given the
case in March, 's2 The jury disagreed again.
In each case the panel stood nine for the
plaintiff and three for the defendant. This
is the third trial of the case. Each trial has
occupied three days
The case is notable for the persistence with
which it has been fought. Neither side has
been willing to compromise. The attorneys
have been stubborn and the parties to the
suit have been bitter. Some of the ablest
lawyers in the State have been in the suit.
G.. I. Stevens, Esq of West Watervile, be-
gun the suit for the plaintiffs. The veteran
Joseph Baker of Augusta appeared at this
trial for the plaintiffs. The attorneys for de-
fense were Messrs. Walton and Walton. who
hold leading position at the Somerset bar.
Every trial has been very vigorously con-
Quoted.
About half past eleven o'clock last Wed.
nesday forenoon there was a stir in the
benches of the court room. Two stout men
entered the room, bearing between them
low wooden rocking-chair in which sat a girl
enveloped in wraps. 1t was the invalid
plaintiff They carried her forward in the
chair and sat her down in the witness stand.
Lavoney Higgins is now said to be l6
years of age. She looks older and would
pass for 90. She is about five feet four inch
es in height Her complexion is dark, and
her skin is inclined to be sallow. She looked
pale. and there were dark crescents under the
large and swapping black eyes She wore
dark dress, plainly trimmed black hat and
around her neck red scarf. She was on the
stand in the rocking chair for about three
quarters of an hour. 1t was her first appear
ance in court 1t is claimed that she has not
been out of her house before this trip to
Skowhegan during the two years In the
two previous trials it was claimed she was
not able to come to court, and her deposition
was put in.
She was nervous in manner, and her an
swers were often petulant Wednesday. Her
story in regard to the whipping varied con-
sideraby from that told by her own witness
es She said she tried to parse the word and
could not; upon which he struck her nVe or
six times with the pointer.
Didn't tell you so - II told you once y
L.avonev fearlesly exclaimed to cross examin-
ing counsel.
The girl is evidently an invalid. The
plaintiff claims that the blows of the pointer
hit the vertebra of her spinal cord; that the
optic nerve was affected and she cannot see
TO read; that she has partially lost the use of
her AIMS and legs, and s a wreck for lfe.
Eminent physicians testify that her symptoms
| are lust such as would natu' ally be produced
by an injury TO the spinal cord. There Is
! testimony that buttons. which the descending
nointer struck. increased the effect of the
blows. Five stripes were found on her back
! after the punishment. She testities she was
| unconscious for several minutes after the
punishment was administered. DIR. Brown OF
Norridgewock testified, Wednesday, that in
his opinion the girl could never fully recover
from the injuries
! On the other hand the defence claim that
| Downs is a persecuted man; that there was
a feeling of hatred toward him in the Higgins
family when he went into the school; that
Iayonev bossted in the teachers hearing she
" wouIdn't ob,y him that he inflicted a few
light blows on her; that her sickness Is
slammed: and that her pallor and invalidism
have been caused by keeping her closely con-
| fined in the house for two years. Ihey
brought forward a physician who testined
that while she pretended her arm was paisled
and she could not use it. he asked her to hold
her arm in a certain position, at moment
when she wasn't thinking. and she complied
Another witness testified TO coming into the
the house suddenly and finding her
reading. There was other testimony TO
prove she had not been so i'll as she claimed
The pointer was exhibited in court. 1t is
about two feet long. made of oak, halt an
inch thick at the butt, and weighs only an
ounce and three quarters.
Downs. the defendant. is a short and brisk
stepping Young man of 80 years. He looks
I