The morning call., 1891-04-03
O'CONNOR GUILTLESS.
Dismissal of the Charge of Bat
terry Against Him.
He Only Enforced Proper Discipline in Chester
Kinsman's Case, But Did Not Cause
the Bruises.
Police Judge Rix's courtroom was crowded

Police Judge Rix'S courtroom was crowded
| yesterday afternoon with many interested
| in the hearing of the battery charge pre-
| ferred against Joseph OConnor, prnci-
| pal Of the Valencia street Grammar School,
| by Chester klnSman, one of the pupils of
| the school. who was disciplined with rat
tan by O'COnn0r
A great many lady school-teachers and the
| numerous relatives of the boy were present
| and showed the greatest interest in the pro-
ceedings. G. W. Tyler of Sharon trial fame
represented the prosecution aud Eugene n.
Deuprey the defense.
The irsSswitness was Chester Kinsman.
Il sharp-witted, chubby-loOking boy of about
II years of age. After exhibiting his in
juries to the court, he testified that he had
been severely whipped by O'Connor for not
performing certain extra school tasks I'M
posed on him for playing truant. His arm,
back, thighs and legs had been badly
bruised by O'COnnOr's whipping him. On
! cross-examination he said that his mother
whipped him on the day before OCOnnor
beat him.
amined and handed to Judge Rix the rattan
which O'Connor used, and also little
broken Scent child'S whip, which Mrs.
Kinsman at the School Department investi-
cation testified she had used on her son the
day before O'Connor had disciplined him.
RATTAN AND WHIP EXHIBITED.
The boy then COX the stand again and
identified the rattan as the one OConnOr
had beaten him with, and the whip as that
used by his mother. ReSuming he said that
he crawled under the bed when she tired to
strike him with the whip. She missed him
nine times out of ten as he lodged from
side to side, but she did not hurt him at all
as the whip was too light, His mother beat
HIM, or tried to, because he would not go to
school. His mother never beat him with a
strap with buckle on 1t. O'Connor had
disciplined him before; the last time in
February. His mother thanked OConnor
for whipping MIN, and said it served him
right. His mother did not see O'Conn0r's
marks before she went to see him about the
whipping.
Mrs. Emma KinSman, the mother of the
boy, next testified that when she struck her
son with the whip she could not possibly
have caused the injuries. When she saw
O'Connor she did not know how badly her
son had been beaten. O'COnnOr said the
bruises on his face were caused by his
striking the rattan up with bis hands when
the d discipline was given. When she exam
ined the boys body she found him III fear
full condition. There were large, red, angry
marks all over him, on the arms. back,
thighs and legs. On croSs-eXamination Mrs.
kinsman said she did not thank O'COnnor
beat him again. O'Connor said he would
not. Nor did she say that the boy had de-
served the whipping. She did thank OC0n-
nor for his courtesy during her Interview
with him.
Miss Belle Searles described the injuries
of Chester in graphic terms. They were
very bad. She never saw such bruises be-
tore. Had bathed Chester and put him TO
bed soon after the whipping.
THE ACCUSED TESTIFIES.
Joseph O'Connor, the defendant, next took
tue stand and testified that on previous oc-
casiOn when Chester had played truant Mrs.
Kinsman told him that she had stripped
him and beaten him with a strap.
On The day in question he had disciplined
Chester for INSTRUMENTATION. He shook
him by the collar for yelling and making
a disturbance. He struck him four or five
times across the shoulders with the rattan,
and also three times on each hand with 1t.
After the whipping the boy did not cOmpla in
Of any injury. 1t was Impossible for the
blows he had given Chester 10 cause the
marks on his body. When Mrs. hInaman
called OIL him about the whipping, she
thanked him for giving it to Chester. He
was certain he had hot made the marks on
the boy.
On cross-examjnatiOn he admitted that il
the injuries hal been inflicted by him with
the rattan it was a cruel and unusual pun
! tshmeut
Drs. Fiske and Clinton testified that the
marks on the boy could not have been caused
by rattan.
The case was then submitted, and Judge
RiX ordered the charge dismissed, it being
his opinion that 0'COnn0r had not inflicted
more punishment than the boy deserved,
nor had he caused the Injuries which he had
sustained.
The Courts decision was received with
great applause by OCOnnOr's friends, the
lady school-teacherS congratulating him most
warmly on the result Of the case.