The Fremont County record., 1883-03-10


boy from the line.
Question-Was the punishment inflicted
brutal? Angssr-No, sir-tho same, - 1
should visit upon my own child for such
conduct
Major Lock essayed o across-examination,
but was non -plussed ON his first interroga-
tory, and retired in good order.
Miss Julia Mitchell sworn--Am teacher
in the Cation Public School saw q portion
of the punishment inflicted yesterday upon
Philip Wacker saw Professor Baker spank
ing him, in the hall. not ON . dangerous
part of the body; the punishment was
proper, not brutal; assist in room where
Philip attends; have found him not al
ways good boy ;ast times he is particular
ly stubborn; stalks back when reproved,
and is saucy the severest corporal punish
ment inflicted is with the switch, which
belongs to Miss Harsha's room. Here the
switch, which Is the fine end of . buggy
whip, about two feet and one-half in length,
was produced by defendant, and identified
by witness as the one used on the occasion
in question: Philip was not abused he
limped q little but overcAme this, and
walked straight when told to do 80 by the
principal.
Professor Baker, defendant, sworn-It
was his custom, as principal of the school,
to visit ut various times, the different de-
partments, in order to exercise proper
general supervision. The school WAS con-
Quoted under the rules laid down by the
board of trustees, and in accordance with
Rule xxx (quoted above) he had exer-
cised the functions of principal in the chas-
tisement of Philip Wacker. He suggested
to the different teachers points in regard to
discipline, and was sometimes called upon
to administer pnnishment-corporal or
otherwise tshis Judgment dictated.
Since these rules have been printed the
president of the board had instructed
teachers to ovcrstep Rule xxx, when the
offense was trivial, and administer light
punishmcnts themselves. He endeavored
to so conduct. the school as to have abso-
lutte control, and enforce obedience to the
rules and regulations, with as little corpo-
raj punishment as possible was called by
Mrs. Baker to administer corporal punish
ment to Philip Wacker three weeks before
performing the disagreeable task, but de-
ferred it; kept his eye ON the boy, to ascer-
tain if the allegations against him were
true he was not biased in any manner
was present at the afternoon exercises Fri
day, March 2, in the room to which Philip
Wacker belongs; was near when the child.
rem began to march out; Philip did not
and would not, march as the custom de-
manded, but dragged his feet; broke ranks
and fell over the desks; he thought o
speaking to him privately, and urging
him to improve his marching the boy
looked back ut his teacher, and distorted
his features, and went out laughing and
| snickering; witness went out into hall, and
laid his hand on Philip, asking why he
didn't do right; the boy drew away from
him, when he took him by the collar, and
asked him to explain his unruly conduct
| the boy began to abuse witness. exclaimine
Let me alone! If you lay hand on me
I'll tell my father to lick you !" witness then
shook him, not in any sense in an unlawful
manner, but ~ any parent would have
done; Philip screamed Let me alone, you
old -";;" more than twenty-five pupils
could hear the foul words, and witness
to spank the boy, but could not get down
to him; witness then laid the boy across the
newel-post Of The stair banisters, Philip
meanwhile. kicking violently; witness then
endeavoredyto a11nzinister . spanking on the
part designed bysnAtnzc for that purpose
he applied two Of fhrss strokes fthe usual
number is SIX, whea the boys boots camc
in the way, and he took him into the
schoolroom to avoid attracting the atten-
ton Of other psPils; sent for this switch
| (purchased ~ the direction of the board J,
applied few strokes about the boys lower
tlinbs, Then told him TO cod off e exEAuAaAnte
sea If he had lbedh genped of his insubor-
dination -xhit3p said he WINS sorry; witness
then told the boy to go apd bid his teacher
good night Hhilip ilimped some; witness
detected the limp was feigned. Witness
here asserted ~ his firm belief that the in
| struction the boy hadrecoiyed at home had
led to his insubordination, and bcen the
means of precipitating this trouble.
| He asked, the boy where he was hurt !;
Philip placed his hand ON his right side,
aud seid 9 It hurts thaes.n Philip con-
tnncd to limp; witness said: If isA6e
tnecessary for syou to limp wnlk Up and
down the aisle, and let me see IL you are
kline" Tho two tesebeu, who had re-
manned, smiled to see b WAS feigning the
lamcnsss. Witness eaid -" Philip, you
have been very naughty you have beer
punished for it; now walk like . man,
Philip walked off without any limp WHIST
ever. Witness said he inflicted corporal
punishment with the advice sad approval
of the school board.
Willie johnson sworn-Am acquainted
with Philip Wacker know nothing Of the
circumstances -of tho whipping of Friday,
except from hearsay; saw Philip yesterday
afternoon, aftsr school; he didsnot show
any marks Of violence; played with him !;
he was not lame, nor disabled in any man
ner; saw him, after school, Iimping down
with his father to Justice Hart's office; di-
Iectiy O4echWANub Fulllp CS1uc obch 0uu
| went piayiE =,
Eddie 81 dEianahan sworn-Played with
Philia Faekq yesterday evening, after
schot4 he wss not lame saw him go with
his fatih&f to Justice Harris Office; he was
limpipS en} this morning he limpcd !;
when ~ e11e over to the big ditch and
played, ining, he was not lame at all.
s,sa33 y7ABaU2IESTs.. II -
Here q lansc rested, anil Major Lock
begsn his 6lfng urgumenf. He spoke
eloqueutlJ Nd forcibiy Of the, usurpation
of power g te3chers, styling thcnf an aris-
tocracy, til 6yhs trying tor lord it over /"
the ci,ildnk and drew particular sttcn-
tion to fhov vtpds on the boy , back, which
only time nd a mothers Affection scould
heal. atgs ~ l ~ !
Professor Eker folloxsd, and, although
this was hi 11aa31p shcrtr bstosss ceurt
and jury, be t&ds Sne Of the strongest
and molt logid Arguments to which We
have over sliste9 led in . Cafion courtroom.
He said hseha& been nssailcd on the street,
in his private booms; and in his public
Office, by ~ (ther of this hoy, with COM
plants ofttra7h by. Was 1t tyranny to have
good sckool Mas It tyrAAxly to enforce
| wholesome di2 pli4eg He cited authority
after authofity ftHc highest knownt TO the
legal professio Fin support of, his -case,
showing concl1 (ycly thst crimihality for
the infiiption ol borporal punishment upon