Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-10-06
Sew York Sun.

he case OF Conk VS.. Kennedy, in
which every father, every lawyer, every
school teacher, and every judge in
Newark was interested, has been tried,
but not settled. Principal Kennedy
.tlogged Conk's boy; Conk sued for
$4,000 damages, got six cents, and has
appealed. 1t was an interesting case,
full of technical points. Itestablished a
precedent, and it has moral.
One day in February a teacher in the
Miller street public school of Newark
had the toothache. If the ache had only
waited day or so all this that follows
might not have happened. But the ache
game ON a bright, crisp day, when the
snow lay thick upon the ground, and
when the ponds were frozen and the
skates were sharp and the sky was blue,
and when Jimmy Conk's heart went
pit-a-pat with yearning.
Had the teacher not had the toothache
Jimmy would have kept his yearning
within bounds. But the teacher went
TO the dentist and u substitute took her
place, and as the substitute was young
and inexperienced Jimmy's yearning
overlooked. First he chewed his pencil.
Then he put tiny spllnters down the
back of the boy who sat i'll front of him.
Boyish honor forbade the victim to open
Eis lips in complaint. Then lie chewed
h piece Of paper, rounded and moulded
it to his perfect satisfaction, and smiled
A piece of stiff paper was next rolled
into tubular shape and loaded with
the paper bullet.
Across the room sat the girls, wishing
that school were over. Bertha Wood
guif, 10 years old and curly haired,
iurned around and glanced roguishly at
Jimmy Conk. Jimmy held up his tube.
Bertha's eyes questioned, "What is it?'
Jimmy held one end of it to his lips,
The next instant Berthas hand flew to
aer neck and she screamed. The paper
bullet had struck her plump in the neck
and stuck there. Bertha's scream at
tracted the teachers attention, and she
asked:
"What is it?"
"Please, ma'am," said Bertha, "can
so down to Mr. Kennedy?'
Mr.. j. Wilmer Kennedy being the
principal of the school, the substitute
Dad, of course, to say certainly" and
Bertha Woodruff went down stairs.
Now, it appeared that Mr.. j. Wilmer
Kennedy was tritle out of sorts that
day
"Please, sir" Bertha said humbly,
me in the neck"
"Tell your teacher to send him down
here at once the principal said
He had received several serious com
plants against this lad, and thought it
was high time to do something. Jimmy
came down sulkily. Bertha with him.
"What did you do that for?" asked
the principal.
A long silence and then a mumbled
'didn't"
please, sir" Bertha broke in, 81 saw
i'm do it."
very well, Bertha. Return to your
class room"
Bertha went, and Jimmy's heart sank
as the door closed behind her. Mr.. Ken.
needy drew from his desk yards length
Of horsewhip. Then he drew Jimmy
Conk across his knees. There fell Il
blows, and Jimmy howled. With each
blow Jimmy's yells rang through the
schoolhouse. After that the substitute
had no trouble with Jimmy that after
noon.
Jimmy's father, George w. Conk, is a
dealer in paints on New street. Whcr
lie heard Jimmy's story and saw the red
mess of Jimmy's skin in certain parts hi
was indignant.
Its an outraged he exclaimed, "Il
see him Immediately"
He saw him. The interview wa
stormy and the two men came to blows
Each punched the other. Who had thu
best of it is a matter of conjecture, a
the gentlemen will not talk about il
But in day or two Mr. Conk's suit TO
damages against Mr.. Kennedy for as
sault and battery will come up in court
IT,. Il NJ 81 ,;a - o..
Conk engaged Lawyer Joseph A. Beeche
and began suit against the principa
for $1,000 damages for assaulting anC
batterying Jimmy. The case after man,
postponements, came up in the Esse!
county circuit court before Judge Depu,
last Monday.
The court room each day was tillet
with school teachers and boys, all deepl,
interested in the case. Ono Of the frs
witnesses was Jimmy Conk.
"Dtd you throw the spitball?" asket
Lawyer Beecher. The silence was dec
and every ear was strained TO catch tn
answer. The boys leaned forward
M openmouthed, watching Jimmy witt
gA envous eyes.
8,I YES" was the defiant answer.
The boys nodded approval, and til
teachers whispered to one another. "
thought so.n Mr.. Conk then went o.
the, stand and told how Jimmy ha,
come home crying and sore; how he ha,
made the boy disrobe; how the welt
looked red and swollen, and how h
had vowed vengeance II was remarke
about this time that Juror Melanctho
slSBW. Jenkins began to glare at the princi
pal. This was commented upon a
being unfavorable for the defence.
There were half dozen other wit
nesses for the plaintiff who testified {
the size of the whip, the volume an
compass of the bowls, the appearance {
Jimmy's skin, and minor details, an
there the plaintiff rested. Then Berth
i Woodruff took the stand. After hayn
impressed upon her mind that if sl
told a lie her fate after death would b
NJ deplorable, the lawyer asked her:
did James Conk do anything I
your"
l please, sir, he fired spit ball and
and-and yes, sir, he hit me in the nee
t with it."
A That was the mainstay of the defenc
3F Other witnesses testified that Jimm
i, Conk had lied to the principal on sever;
occasions, that the principal had bee
IVY very forbearing, that young Cank W.
'ull of deyiltry, and that the principal
'atience had given out.
7fflE Then the lawyers on both side
ummed up and brought in the law.
Gems that one of the laws of New Je
icy is that no teacher is allowed 10 il
N Vict corporal punishment upon an