The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-04-03
THE CASE ENDED.
The Jury in the South Bend School
Case Comes In.

SdoO SOAAhSc sAAs
The trial of W. W. Davis and JUST
ice III. d. Burnett, of South Bend, on
the charge of assault in the third de-
gree upon pupil of the school of
which they were trustees, Roscoe
Conklin, was completed Tuesday
The jury was out about an hour and
returned verdict of guilty. The de-
PENDANTS were fined SO and costs,
amounting to $12 to S15 each.
The following is brief synopsis of
the evidence, as taken by Clerk OF
Court Smith:
Roscoe Conklin testified that the
defendants came to the school house
on March 10th and ordered him to
leave the school, and put him out,
Mr.. Davis hitting him on the head
with a poker. The teacher had made
no complaint or ordered me to leave.
Mr.. Burnett threw stones at me and
set his dog on me. The trustees had
never complained to me. | swore
once in the presence of the scholars,
and l hit Mr.. Davis after he hit me.
w. r. Davis, the teacher, said that
COnklin did not violate any of the
rules so far as he knew. Mr.. Burnett
chased the boy off the school grounds.
Pearl Osgood, scholar, said that
Messrs. Davis and Burnett came to
the school and said that the best
thing that Roscoe could do was to
leave the school Roscoe picked up
stick of wood, and Mr.. Davis picked
up the poker and went around the
stove. Mr.. Burnett took off his coat.
Roscoe said they would have to put
him out, and Mr.. Burnett said that
would be easy enough, and then push
ed him out, while Mr.. Davis opened
the door.
Ethel Lockerby. Nina keenan, and
Charles Gustafson, also scholars
testified to the same effect.
Mr.. Davis was recalled and said
that there were no rules prohibiting
playing cards in the school. The
state rested.
Mr.. Burnett was sworn and said
that he was clerk of the school board.
He had received a complaint that
Roscoe bothered the children, threw
water on the girls, carried cards to
school, and had tied rope around a
girl. w. w. Davis and | went to the
school to expell Roscoe, and the latter
picked up two sticks of wood. | help
ed to put him out. He hit Mr.. Davis
on the head with stick of wood. Mr..
Davis did not hit him. The teacher
had never made any complaint. The
children had told me that Roscoe had
sworn On the school grounds.
M. III. Shelter said that he had
complained to Mr.. Burnett of Roscoe
when he had seen him throw stones
and water at the children and heard
him swear on the school grounds. The
partition fence was thrown down, and
the children said Roscoe had kicked
it down. The children had complain
ed that he threw water on them, and
that he tied them up to the stove
pipe, and of his swearing. Roscoe is
as good as the average of the boys
who play around the school.
w. w. Davis testified that he had
lived in South Bend for thirty years,
and holds the office of treasurer of the
school district. His evidence was
about the same as Mr.. Burnett's.
Roscoe threw stick of wood at me,
but warded it off. Then he struck
me on the head and cut it open.
w. R. Davis was recalled and said
he did not see Roscoe throw stick of
wood at Mr.. Davis. The three pupils
testified that Roscoe did not throw
the stick
Roscoe Conklin was recalled and
said that he did not break any of the
rules of the school, and did not
quarrel with any of the children.