The Fremont County record., 1883-03-10
The Right Of School Teacher to Flol
a Refractory Pupil.
A Canon Jury Renders an Important
Decision.

and state aforesaid, did then and there wrong
fully and unlawfuily beat, strike, jerk and
Wncker. this afriant, now years and months
old, and now a scholar in the public school of
form OF the statute in such case made and
provided, and against the peace and dignity
Of the people OF the st state 4, Of Colorado He
be arrested and dealt with according to law.
Subscribed and sworn to before me, this I'd
day of March, A. d. 1888. JACOB HART, 49,
Justice of the Peace.
The case was set for Saturday morning,
in Justice Harris office; but, owing to the
great amount of public interest manifested
and the large number of persons desirous
of hearing the trial, after empaneling the
jury, the justice adjourned the court to the
county courthouse, when recess was taken
until o'clock p. m. -
/ At the appointed hour the courthouse
was crowded, a large proportion of the au-
ditors being ladies'
The following jurymen took their seats
in the box: George Westlake, foreman
ID. G. Peabody, G. ID. Sewers, Henry Earle,
B. T. Schaffer and c. ]. Price.
1.-THE constable could scarcely have Sc
lected better jury, in view of the great
importance of the case, as all of the above
named are men of solid worth-staunch
business men, of mature intelligence and
sound judgment.-ED.
Major Lock appeared for the prosecu-
ton, and Professor Baker in his own behalf
The prosecution, in its statement Of the
case to the jury, said it was in nowise act
uated by ill-feeling towards the defendant
| in bringing this action; but the attorney
took solemn obligation, governing his ac.
tion in such premises. So did jurymen
He felt that neither desired nor dared to
digress from that duty-for love, favor or
affection. Upon the law and evidence the
jury must decide this case. He cared not
for the position of defendant. This had no
more weight with him than the smallest
stroke of the most insignificant creature or
the hardest blow of the greatest giant. 1t
was only because it was his duty that he
appeared in this case Major Lock then
read the complaint, and gave an outline of
what he proposed to show by the evidence.
He admitted that the teacher was tn loco
pdrentis-in the place of the parent If he
went one iota beyond that he became n
usurpcr and a transgressor, and acted in q
tyrannical manner. If he raised n hand or
administered blow outside of the pale of
the place of the parent he was guilty of
assault and battery. The prvybeati ien Nas
not after blood nor money; but tt6g protec-
ton of those inherent rights the Almighty
and his offspring demanded vengeance, for
the good of society. The public good re-
,quires that parents shall not interfere with
the teacher, until the action of the latter
passes the pale of his prerogative, and then
the father has the right to protect his
child. This trial was for the public-to
show that the teacher cannot usurp the
place of the parent without becoming a
tyrant.
THE PosEcUTIoN., t,y3..-
| Philip Wacler, aged 8 years and G
months, was then called to the stand. Be-
ing asked il he knew what perjury was, he
answered "No.a rn ~ q
By the Court-Do you know what il
means to take an oath? Answer-Swear.
Qucstion-If you don't tell the truth
where will you go? Answer-Hell.
| By Juror Peabody-What do you mean
by that? Answer-Go to the devil.
By the Dcfcnse-Philip, if you tell a lie,
do you know what the court will do to you
Objected to by the prosecution, which held
that moral sense of the nature of an oath,
such as tho witness had evinced, in a child,
was sufficient, without any conception OF
the penalties attached by law to perjury.
Authorities were cited in support of this
argument.
Tho defense argued that general sense
of the legal nature of an obligation was
| also requisite.
| Objection sustained by the court.
| The witness was then sworn, and gave
prompt and intelligent answers to intcrro-
gatories as to his age, the length of time he
had resided in Canon, from whence he came
to Colorado, how many days and nights the
| journey occupied, etc. He was acquainted
with Professor Baker, the defendant; had
been at school two years: knew the name
of the school he attended, where it was-
the town and county. He then began his
story of the alleged whipping, when tht
defense objected to the testimony as bcins
entirely irrelcvant-the events being mar
rated having happened at another time ant
in another place than that at which the al
legged whipping occurred.
Tho prosecution argued in support of thu
admissibility of the testimony, as part o.
the res gesfis of the case.
After spirited argument from both
sides the court overruled the objection.
| Witness rcsumed-Two boys pulled his
hair; he pulled theirs: they cried out u
the teacher, Mrs. Ada e. Baker; teacher
asked what was the matter; the two boyI
said Philip Wacker was pulling their hair
teacher called all three forward, and tolt
the two boys to pull witness hair ; they
did so this was in the afternoon. In the
evening, as the children were marching ou'
through the hall, Professor Baker jerked
witness back by the coat collar, pulling of
a button [witness exhibits buttonless shirt
to the Jury, also q mark on his neck]; il
| the hall Professor Baker took witness up
threw him on tho stair banisters, and tolt
Mrs Baker TO got the " rawhidc;" defend
ant then whipped witness. Witness didn'
know why he was whipped, unless it wn'
on account of the hair-pulling. Here thu
witness removed his clothing sufficiently
to allow the jury and counsel to examine
two or three marks of bruises upon his hip.
Cross-examined-W has been put or
those marks? Answcr-Sothing.
Question-What does your mother o.
father put on them to make them so black
| Answer-Nothing they nre just the way
you made them.
Qucstion-What did you say to me tina
i your father would do? Answer-Let me so
Question-Whcn was the hair-pulling
Ansyyer-In the morning.
Question-Why did you say afternoon
No answer.
Hero the defense claimed that he had
inst overheard the father, who was sitting
4 few feet from witness, tell witness how 4
answer. 81 4. B. s,ios, IA -, Az.
The witness then explained that he wen
regularly, to school only IN the afternoons
hut occasionally rent IN The mornings r