The Fremont County record., 1883-03-10

Philip Wacker and Professor Baker am
not afraid he will whip me or treat me
badly if l testify against him; will tell
the truth anyway; Professor Baker caught
Philip by the coat collar and took him into
the schoolroom; heard hallooing; heard
Philip say: Let me loose,n while yet in
the hall; we were marching out when
Professor Baker caught Philip; Philip was
getting his hat. l
Mrs. J. A. Wacker sworn--Am the
mother of Philip Wacker; know no occa-
sion for the bruises on his body, except the
whipping they were there, just as you see
them, when he returned from school no
coloring or dye has been used examined
them last evening and this morning
school, until other members of the family
told me what had occurred-that Professor
Baker had whipped him hard.
The defense asked witness if she had
ever had any previous difficulty with
teachers in the school, ss t
Objected to by prosecution.
Tho defense wished to show by witness
that the insubordination of Philip was
greatly due to the manner of his parents
toward teachers, and the incentives re-
ceived at home r az '-
The court stated that it was anxious to
give the widest latitude to counsel consist
order that ample justice might be done
Objection ovcrruled. A 5it.
The defense put the question in an othel
fern. Objected to by prosecution, wher
| the defense asked: aHE rtun
Question-Did you not once come to my
house and interview me, and make false nc
cusations against teachers?
| Objected to by prosecution. Objection
ovcrruled. -7@
| witness-I visited You once, and com.
planned of the brutal treatment Philip had
received at your hands
| Question-Had / ever whipped him
| IAnswer-Yes.
Question-Did you ever tell Philip, il
his teacher whipped him, to jump on hel
back and pull her hair? Answer-No.
1 Question-Did you ever assault my wifi
on the street? E
| Objected to, and defense Withdrew tn,
question. Ie 1 te-f atal4
/ Mrs. Wells sworn-Know Philip Wacksr
have not lived near the family since las
spring as knew Philip then he was
good boy his mothers advice to him wa
to obey his teacher, and do the best h
could. 3
On croes-examination, witness said sh'
did not live near enough, nor see Phili]
often enough now, to form an opinion a. {.
his conduct, and had no knowledge as h
his daily behavior m ip
Mrs. NJ NJ. Sheetz sworn-Am secretar,
of school board these rules for the gov
ernment of the pupils [copy shown wit
ness are in force now; to knowledge o
| witness no change in Article xxx ha<
1 been made. ,fa $50 rs ~,
Following is . copy of Article xxx, re
garding corporal punishment: .q1
| m ARTICLE xxx.
| CORPORAL punishment shall never be in
flictcd until after consultation with, and ap
| proved of, the principal. 81 ,sfs-;i 4 +
Here the prosecution rested.
l THE DEFENSE. = ~ ~
! In opening his case Professor Baker gave
an outline of his defense. He would show
that the punishment alleged was admins
tered, not wrongfully or unlawfully, NJ
charged in the complaint; but in accord-
| ance with law. f5lsi.r vs. Il
| Miss Fort sworn-Am teacher in the
Cafion Public School; know something Of
| the facts II, this case /; was coming down
stairs from my room heard a boy voice
| in contentious tone heard words Let
me CO." etc; Professor Baker was holding
the boy Philip by the collar the boy wal
kicking violently; heard blows, rs il
some one was spanking the boy in the
lower room heard the words, "IT tell
father! Let me go!n No brutality is re-
sorted to in the school.
| lThe question which elected the lasl
sentence was objected to by the prosecr.
tion, on the ground of irrelevancy, but moi
in time to check the answer.
\ The defense wanted to show what the
| discipline of the school was, and clAtnleSl
the right to introduce this as expert tcsti.
mony. A5sH iat e:
Tire prosecution admitted that the boy
who didn't behave ought to be whipped
but not brutally.
| The objection was overruled.
4 Witness considered spanking safe
| manner of punishment; had suggested
this mode herself, and it was now adopted
| upon the younger children; it was by nc
means brutal. a SD l- a-i
Olive Sheppard sworn-Am 10 years old
was at school all Friday afternoon, March
q came out at side door in the evening
near the boys exit; heard Philip Wacker
say Let me go, OF my father will WHIP
! you!" heard Philip call Professor Bakel
n -; the professor had hold of Philip
and was shaking him, to keep him in the
line.
Mrs. Ada E.. Baker was called, but the
prosecution objected to her being sworn
After argument and citation of authorities
the court overruled the objection, and the
1 witness was sworn
i witncss-Am principal of the Primary
1 e.
Wacker attends in my room; have found
him at times obedicnt, and at times this
hardest case ever saw; have full charge
of the discipline in my departmnt, under
the advice of tho principal. On Friday
two boys called out that Philip Waekcl
was pulling their hair; asked Philip. if III
did 30; he replied "Ycs," in a most insoleht
manner; witness so dislikcd to whil
1 children that she called tho three out, ant
had the two complaining boys pull Philipi
hair; witness regretted this mode of pun
ishmcnt, as soon as it had been done, hui
her aversion TO whipping ledoher to do il
in an unthinking moment; Philip was NO,
hurt, and laughed ut the punishment II
the evening at dismassal, witness was q
the organ, playinG y march; isrcustomsTy
for children, in fling out, to throw .witnes
kiss all did so but Philip, who made in
sulting faces at witness, and broke step il
tho ranks; when all were out, witnea
passed into the hall, and saw Professo
Baker holding Philip by the collar Phili]
was kicking Violently, and uaing very in
solent language; Professor Baker tried !.
! lay Philip across his knee, but was too tall
4 and laid him on the newcipost; 'Philil
was cxclaiming My father will whil
you!r Professor Baker asked witness :.
step into Miss Harshn's room, and brini