The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-24
.sThe school Litigation at shelbyville.~

| To the Editor of the indianapolis Journal:
| The card in yesterdays Journal signed by the
| school trustees Of this city, and bearing the
above title. makes it imperative that should
respond, much as 1 dislike newspaper warfare
| and love peace. /, therefore, write this letter
in justice to the court, the jury aud the public.
/ cannot ask you for the space in which to meet
all the mis- statements of facts in the card re-
ferred to, and which have most cogent reasons
for believing to have been written by Professor
Fertich. and not by the board. 1 shall, therefore,
speak Of it as his card.
| might rest my defense on the statement
that the court and jury heard the evidence on
both sides; the jury found against Professor
Fertich, and the court refused to grant him
new trial. 1t was proven on the trial that the
plaintiff, a girl of less than ten years OF age,
went to her school room, on the 22d of January,
1885, when the ground was covered with snow
and the mercury 20o below zero, and found her
school room door locked She made repeated
efforts to get in the room-efforts that were
heard by those in the room--but the doors were
notOpened During this time-fve or six minutes
| the hall was very cold; uncomfortably cold, as
| testified to by Professor Bennett, principal of
| that building, and other witnesses. Finding that
HoI lccG NcIS LEeeAluS, anu not DGCduSo sue WAS
| tardy, she went to her homo to receive
| her mothers care. The result proved that her
| feet were badly frosted. From these injuries
| she has not yet recovered and probably never
| will. There was no claim at the trial that she
went home because she tardy and such is
not the case. Professor Fertich says:
The girl in making her escape from the building,
did against the instruction of the superintendent.
against the instruction of the teacher against the
protest of the jainitorwho told her twice not to go
away-and against the daily example Of other tardy
pupils ever since she he's attended school.
These statements not true. 1t was proven
on the trial that she had not received any such
instructions, and there con f1ict in the evi-
| dence on that point. He also says:
Pupils were frequently granted permission to pass
from their rooms to the heater i'll the hall to warm
that purpose The girl therefore, had at her service
comfortable hall furnished with the largest and
best heater in the building, besides liberty to go
the Office, which always comfortable and always
open TO tardy pupils. She chose, however. to 90
back home, as many other pupils have done, rather
than suffer the embarrassment of entering her room
tardy."
This is incorrect. The evidence showed CON
clusively that the rule Of the school was that no
Child should go to the heater in the hall without
permission of the teacher; that little heat was
then escaping from the heater that it did not
melt the ice Ill a tin cup sitting by the heater
and that the colored ianitor then sitting
the heater, as he habitualy did IN cold weather
What warmth was the child to get from heater
which could not heat the 1anitor who was sitting
| on itl
| Besides, it was shown the trial that it was
| impossible to heat that big hall with the little
heater for the cold air duct leading to it from
| the outside is thirty six inches wide by fifteen
| inches deep, with nothing to check or regulate
1t. Through this enormous duct the air at a
| temperature of 20o below zero, was rushing like
tempest Again, it was proven that the out
| side doors of the hall were fastened opea, and
| that through the inner doors a constant
| stream Of children had been passing
| for thirty minutes Every one knows that
| the bitter air Of the outside rushed through
| those doors whenever they We're open even for
| moment. 1t isclear that on such morning as
| that, 1t would have been impossible 10 heat the
| hall had there been opening into it of six
| inches square, but the facts show that it was
! twenty times worse on the lowest estimate Do
! you wonder, then, when say that it was nearly
! as cold Inside the hall as outside?
| Professor Fertich denies that he knew of the
4 locking of the door of that room. Yet it
IN evidence that he, IN a meeting of the teachers,
| directed them not TO admit pupils during the
| opening exercises, 'aS it would render them
| more sacred, aud said that he would not hest
| tate to lock the doors to keep them out This
/ was testified 10 by Professor Mourer the princi
| pal of the High school. and by others Pro.
lessor Fertich seems to be lover of the sacred,
Tor he as 1t was proven, set apart the front doors
| of the public school buildings to the sole
and sacred use of himself and
| teachers, and sent the children of the
| tax payers-his equals-around through the
| pltllesS weather TO humby come in at the
| back door. Such Is sacredness! If the child
! could have gone to some comfortable room, she
did not know Of it, for such instruction had