The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-02-05

the attention of the other pupils.
The boy was also mutilating
school property by taking the rubbers
washers from the seats. The neces-
sity of stopping this practice was
obvious. 1t was an act of mischief,
which the boy and every scholar
knew. He had rolled one, and was in
the act of rolling another. He made
an evasive answer to the teachers in
quiry, but afterwards admitted roll
ling the rubber. Mr.. KenastOn went
towards him, as he had right to do
under the circumstances. The wit
nesses differ as to where the boy was
struck and where he fell. 1t might
be that the boy went off his seat with
out being knocked off. If he had
been hit hard enough to knock him
from the seat, there would
have been some mark left.
There is wonderful diversity of
testimony as to what happened fur
ther on. Kenney admits that he
struck at Mr.. KenasJon six or seven
timesa fter he first got up. Not one of
the states other witnesses will admit
having seen a blow struck by Kenney.
The professors eye is here, If it has
not been introduced in evidence. He
got blow or kick which created
fearful discoloration. The states
mild little lamb, Kenney, was
the only one who got in blow
which today has anys visible eff
fects. Kenney, when told to take his
seat, said II don't have TO, see.'
There was an instance 'Ot insubordi-
nation of pupil. If Kenney was re-
sistng the lawful demands of his
teacher, which was the case, the
| teacher had the right 30 use force.
Kenney was resisting the teachers
lawful authority not only by words,
but by every mode at his nand
Mr.. Pau brought several decisions TO
sustain the stand which he took.
| The crowd near the entrance was Sc
dense and the noise so great, that
Judge Shissler called up police
officer and instructed him to preserve
order at the entrance.
Mr.. Pfau, continuing, said that
the court had right to presume thai
there were series of Offenses, which
resulted in the punishment. There
was no malice shown, land in any event
no more than quick temper. TO
correct the boy, the teacher had a
right to slap him. All TIN ough there
was open defiance by the boy. He
had been disobeying the rules of the
school. He was sorry on account of
the boy and the other pupils that
this case had been brought into court.
The case was brought to satisfy some
body's animosity. The witnesses did
not have time to see Prof. Kenaston's
look when he first went to
the boy. Some of them were
not sitting where they could
see Mr.. KS face. The whole
aft iir happened like whirlwind. The
boy sprung upon Mr.. Kenaston like a
catamouut and taught and clawed. 1t
would be impossible for an
angel to look pleasant under
such circumstances. He should have
looked severe when he saw the rules
of the school being violated by the
boy. The teacher had the right tC
require proper conduct and to re
uuire him to remain after school tt
receive punishment. The testimony
of the mother about black and blue
marks on the boys throat is a LITTLE
peculiar, as such discolora
. tions do not appear unit
next day. In this case the,
: seem to have appeared at once, ant
l could hardly be seen next day. N
permanent injuries were inflicted, a
required by law to be proved.
A short recess was taken, and At
torney Funk went to his office for {
few authorities.
Mr. Funk opposed the motion a
. considerable length. He said that b.
made no point that part OF the oc
!, currence was after school hours, mo
upon the question Of what class tn
, boy was reciting in. The point of tn
!, prosecution was that the offense, i
: there was one, was in excessive pun
. ishment, out of proportion to the OF
: Tense, and that there was malice IL
the manner of inflicl ion. Mr.. Funl
' read from several authorities to sus
tain his position. He did not content
, that teachers have not the right to in
fiict moderate and reasonable corpora
punishment. He wondered what woult
: be the effect if the pupils, from thu
lowest class up, were treated a
> human beings. He thought tina
: the regular teachers of the eigth grad
did this. The time has gone by whel
a teacher c hold himself to be su
preme and not amenable to any Law
or court. Reasonable punishment
- o.p ha ;pA,.tad for infractiOnS n