The Washington times., 1895-03-27
TEACHER ELY TRIUMPHED
Jury Convicted Big Brother Thorn of
Slappina His Face.
But the Defendant Will Get Few Trial Be-
cause Witness Father Was
ON the Jury.

Anacostia was largely represented in
OF Aloysius E. Thorn. charged with assault
on Selden M. Ely, the principal of the Van
Buren, School annex, was called Mr..
Thorn was arrested q short time after
the affray took place, and deposited SO
collateral, which he forfeited, and he was
brought before the jury yesterday on an
attachment, issued at Mr. Ely's sugges-
gestion. The defendant was represented
by Mr.. j. III. Ralston. while Mr. A. r. Null
lowney appeared for the prosecution.
Mr.. Ely testified that Miss Erb. the
teacher of the boy, Clarence Thorn, had
complained that he had been fighting. and
when brought i'll and questioned about it
he was unruly and the principal slapped
him. The boy then broke away and was
caught by one of the other boys. and in
struggling with him Clarence got his clothes
torn.
Later in the afternoon, about o'clock,
the boys brother, the defendant, came
down to the school, aud after talking a
good deal about the matter asked Ely to
come out in the yard and try his strength
on man.
Some of the female pupils had become
frightened at the language used by Thorne
and started to leave the building, when he,
Ely. turned toward them and told them to
keep their seats. While his face was
turned, he said. Thorne slapped him on the
jaw.
At this some boys left their seats and
were coming out i'll the hall to take part
in the affair, and when he turned to them
pt- f4N- 4,
with his fist. Several boys were examined
and corroborated the evidence given by the
teacher.
Thorn was called to the stand. and said
that he was brother of Clarence, the
boy who was whipped He said he went
to the schoolhouse, and when Mr.. Ely
saw him in the hall, came out TO see what
was wanted. He acknowledged that he
had corrected Clarence, and asked Thorn
if he was the father OF the boy, and upon
learning that he was only his brother said
that the affair was no business OF his.
Mr.. Ely then said to him: Il suppose
you have come down here for fight" but
he, Thorn, replied that he was not looking
for fight and did not feel like fighting,
but if Mr.. Ely wanted one he thought he
could accommodate him.
Mr.. Ely oT5arad him out of the building,
and started towards him. then he, Thorn,
supposng that he asabout to be assaulted,
smacked Ely on the face. Ely drew back,
but again started towards him, when he
smacked him again. He only struck Ely
with his open hand. He had been sick
for some time, and had no intention of
fighting when he went down. Thorn
acknowledged that he did say during the
convers alton that he would rather be
thrashed himself than have his little brother
whipped, and Ely replied that it would be
very easy to do both.
II
and testified that she saw Mr.. Ely, when
he whipped Clarence, and that he simply
smacked him twice with his open hand
The judge said, in charging the jury, that
il the jury believed Thorn went TO the
house ana struck Ely unnecessarily. he was
guilty of assault. But if his action was
made necessary by what Ely was about
to do, he was not guilty.
The jury, which was the same one that
acquitted Hickman, the green goods"
man, scome time ago for carrying con-
cealed weapons, remained out about an
hour and a half. and then announced
to the court that they had not been
able to agree upon verdict.
The judge said that ii was very much
to be- depiored that a jury Of twelve men
could not, with the aid Of half a dozen
witnesses, find out whether man was
guilty or not of a simple assault, and
repeated his former charge TO them, and
requested them to try it again.
While they We're out the second time Mr..
Ralston stepped around to the bench and
requested the judge to call up McKim
Hoops, one Of the scholars who trestified
III the case. AIcKim was called up, and
stated in reply to a question from the
Judge that his father, Mr.. P. c. Hoops,
was one of the jurymen.
He was dismissed, and when the jury
came i'll the second time with a verdict
of guilty, Mr.. Ralston gave notice of
a motion for a new trial. The judge
asked that the motion be filed as early as
possible, in order that the case might be
disnnsnd Of and court adinurned