The herald., 1898-02-06

Yesterday, when the prosecution pre-
scented It's side Of the case and would
have closed had it been possible to Sc
cure the evidence of Superintendent fo-
shaw. AS he was out of the city, the
matter was continued.
The case was called at 10 o'clock. De-
putty District Attorney Williams ap-
peared for the prosecution, While the
fair defendants interests were ably
looked after by Attorney Flint. Both
the teachers came into court accompan-
led by a large number of friends. The
place had lost it's terrors FOR them. and
they manifested a greater confidence in
their surrounding than when they first
appeared. They chatted pleasantly with
their friends until the trial began when
they took seats near their attorney.
Prof. Foshay was the first witness. He
knew nothing of the whipping given
young Long. except from the report OF
the matter made to him by the teachers
themselves soon after the punishment
was inflicted. The rules of the school
department require all teachers to make
such reports and a regular form is pro-
vided for the purpose. The professor
had copy of the report in this case. and
it was submitted in evidence. 1t simply
recited the fact that certain punish
ment had been inflicted, giving the date
and reasons for it. The witness was
cross examined as to the frequency of
such punishments.
At the conclusion of Prof. Foshay' s
testimony Attorney Flint moved to dis
miss the case on the grounds that the
prosecution had failed to show that any
public offense had been committed, and
that the chastisement of the boy did moi
constitute battery in the meaning of the
statute. He spoke at length upon the
motion, citing numerous authorities, anc
creating some merriment by referring
to his own experience with school teach
ers, saying that boy who was neve
Whipped in school had missed an ex
iperience which he would afterward re
gret. He held that the teachers haC
done only their duty, and argued tha
they should be commended. not pun
ished, as upon their actions depended
the discipline in all the schools.
Assistant District Attorney William
made an impassioned speech in oppos
ing the motion. He began by saying tha
he did not relish the idea of prosecuting
1IlltlllStHl NDUltll, bul HS lIeiu d uut,
to perform" in this case, and he wa
compelled to perform it.
Warming up in his speech, Mr.. viii
liams loudly declared that the boy ha,
been "crucified on a chair and beatel
until he could hardly stand" By Wa.
of explanation, the attorney seized tn
strap and beat an inoffensive chair wit
it with such force that the whacks coult
have been heard in the basement. 7
the spectators this was amusing, an
many of them laughed. Even youn,
Long, in spite of an effort to control him
self, smiled at times. His mother tool
the matter more seriously, however
and there was visible moisture in he
eyes as the prosecution told of tn
torture" inflicted upon her son.
Justice Morrison denied the motion
saying that he thought it better tha
both sides should be heard. 1t was the
nearly noon and an adjournment wa
ordered until 80 o'clock.
At that hour the trial was resumed
Miss Gardner taking the stand in he
own defense. She told the story of tn
= whipping in a straightforward manner
Her statement of the affair has alread
been published. The cross eXaminatio
was severe, but it failed to shake he
story in the least.
Dr. Rebecca Lee Dorsey, who ha
dressed the injuries to Miss Gardner
knees made by Longs kicks while sh
was trying to subdue him, told of tn
nature and extent of those injuries. Sh
also testified that in her opinion it woul
be impossible to inflict permanent {
serious injuries with the strap which tn
teacher had used. When the witne:
was turned over to Mr.. Williams fC
cross-examination there was an une'
pected incident.
"Well, doc" began Mr.. William
familiarly, intending to follow it with
question. Attorney Flint was on h
feet in an instant. Il object to tn
witness being insulted," he exclaime
"There is no reason for such action, an
It is the duty of the court to protect her
Judge Morrison took the same view
The matter, and said that such a mannt