The herald., 1897-07-22
ness confessed to also getting taste of

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Parks whipped. Each time the piece
of gas tubing was used a blue welt
raised upon the flesh. That night the
boys after being whipped were put to
sleep in the basement on the cemen.
! floor. A man was on watch and sat in
a chair outside. Capt. Treat had charge
of one of the companies and it was Gus
tomary for him to punish his company.
Witness stated that Captain Treat did
not punish him, as he mad taken his
medicine from man named Booth.
Parks, since his whipping, had taken no
part in the drill or the sports at the
school,
Olsen Martin, a seven months resi-
dent at the school, testified that he
worked in the printing office. He also
testified that Parks was whipped in the
manner described, and at later date was
sent to the hospital.
John Kisbee, a 15-months' Whittier
scholar, testified to being present when
Parks was punished, and said he be-
longed to the group of ten boys pun
ished. Captain Treat came to Company
G about o'clock in the evening in the
playroom and remained until the boys
were punished. Captain Carlisle Major
Oliver, Captains Booth, Lowry, O'Brien
King and private citizen as we'll as
Captain Treat were present Witness
was whipped before Parks by Booth and
he then went off and lay down. He saw
the welts on Parks legs after the latter
came down from the hospital.
HOW THE WHIPPING WAS GIVEN
Captain J. Carlisle was next put for
ward by the prosecution and testified to
being an officer of the state school and
having charge of Company G. He saw
Parks punished and described how the
punishment was administered. Parks
was told to put his hands around the
iron upright, with his heels together,
and his clothing was dropped down. AS
each blow descended Parks would finch
and the piece of thin rubber tubing
would sometimes fall upon the front of
the boys body. Witness stated that
Parks complained to him of being hurt
in the front of the body, and the whip
ping was ordered stopped The boys
body was marked but was not bleeding.
Next day he was sent into the hospital.
The night of the whipping the boys slept
in the basement, where they had bench
es to sleep on but no blankets. Parks
received nine blows in all, and witness
looked at his bruises when he complain
ed of being hurt.
On discrimination witness stated
that at the whipping he was keeping
tally of the strokes dealt out. He stood
about three or four feet away from
Parks while he was being whipped, and
could not avoid seeing that he f1inched.
Witness went to Captain Treats play
room and requested him to assist in
whipping the boys, as we'll as others Of
the officers Major oliver had received
his commission as assistant superin-
tendent that morning, and was present.
THE BOYS FATHER
George G. Parks, the father of the boy
whipped, machine operator and resid
ing on Los Angeles street, next went
upon the witness stand.
He testified to having visited Whittier
the Sunday after the whipping and saw
the several officers of the institution.
His boy was in the sitting room and he
examined the bruises in the presence Of
Mr.. Van Alstyne and DR.. Lowry.
Il asked" said the witness, "if it was
against the rules to make such an ex-
animation and Mr.. Van Alstyne said
No, and that we could go into his Of
fee"
The witness described the bruises he
found upon his boy, and how evidence
appeared of the skin having been brok-
en-. Last Thursday witness again saw
his boy and he then walked lame
On cross examin ation witness stated
that his boy had been hurt in his hip on
L,
whipping For a time witness heard he
had at that time walked lame, but he
had come home since then and had ap-
peared strong and we'll.
That closed the case for the prosecu-
ton.
MOTION FOR DISMISSAL
Hon. R. del Vale, the attorney for the
Whittier school, moved for a dismissal
of the case on the ground that there was
not sufficient evidence to constitute an
offense. On eof the powers provided un-
der the act, with which the officers are
armed is to discipline. The meaning of
the word counsel argued, scarcely need
ed to be dwelt upon; it included chas-
tisement-corporal punishment. Unless
such punishment was vicious and ex-
treme no such charge as that preferred
would hold. The evidence disclosed that
instead of the act being an unlawful
one the defendant, himself an officer,
was asked by the captain of the COM
pany to come to administer chastise-
ment. So soon as the boy complained
of being hurt in a delicate part the pun
ishment ceased al once.
The court, while not denying the con-
tention of counsel, stated that so far it
had not developed what excuse existed
for whipping the boys at all, and so he
would hear the defense
THE DEFENSE
The defense then opened it's case by
putting Superintendent Van Alstyne up
on the stand. After answering the usual
preliminary questions he stated that on
July there was characterization in the
school.
us corporal punishment used in the
institution" inquired counsel
Mr. Willis objected and stated that in
argument he proposed to show that cor
poral punishment could not be legally
used in the penal institutions of this
state. The courts had passed upon the
matter, and anyone infringing upon the
law would be amenable to the law.
The court overruled the objection and
the witness answered.