The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-07
JUDGE AFFORDS INSTRUCTIONS
TEACHERS In THE COURTROOM GIVE
HIM CLOSE ATTENTION.
Such Expressions as 'Tsn't He Dearv
Came from the Women-Jury Out
but Few Minutes.

young man who stood before the bench in
the Criminal Court yesterday evening. The
query was put by Deputy Prosecutor VIII
son. who conducted the case against Miss
Kate Mason, principal OF the Tuxedo Park
| Schools, who was ON trial on the charge of
administering excessive punishment to
Walter Luebking.
| YES" replied the court, land I'll tell you
how Ii was. A good many years ago when
1 was young fellow was invited to take
| charge of certain school district. The
prospects were not fiattering. but took
the school. When 1 began L found that
the building was partly demolished as the
result of the boys in the school tackling
and conquering the four teachers who had
preceded me. They had been successful
| in running these four teachers out of bust
ness, but / stayed. True, I had but a few
pupils at the end of the term, but 1 want
to say right now that the discipline Of that
| school was maintained
This colloquy between court and prosecu-
tor took place while the jury was out de-
| liberating on the case against Miss Mason.
| The case came up on appeal from justice
| OF the peace who had fined the teacher on
| the alleged charge OF brutality whipping
| the Luebking boy.
ATTRACTED A CROWD.
The case was trial nearly all of yes
| terday and attracted large crowd of spec
tators. Miss Mason is fine looking wom-
an, rather large, but with a bearing that
| is graceful and dignified.. She has a pair
of gentle grey eyes that lend attractive
ness to her kindly though strong face. She
was accompanied in court by small army
of fiuttering femininity. fellow teachers,
| who surrounded her. They were there with
| their kindly sympathy and when the jury,
under Judge Affords instructions, found
| the defendant not guilty, these young
women all but embraced the court. There
were blond teachers and brunette teach
ers, and tall teachers and short. plump
| teachers. Never during the administration
| Of Bailiff John Mendenhall, the young man
! who has charge of the juries. was there such
a dazzling array of femininity gathered in
| the Criminal Court. There was millinery
| and silk fiounces and roses and huttering
fans until one couldn't rest. Mrs. Moler,
a dainty little woman with soft brown eyes,
| came to the witness stand in a rustling
| silk gown and modestly told Judge Afford
| that the Luebking boy was her pupil and
that Miss Mason had taken charge Of him
and whipped him after she had given him
every chance to reform and after his father
] had told the principal to chastise him. 1t
was the claim OF the State that the boys
father told Miss Mason TO whip the boy,
but to be moderate about it. The defense
was that the boy was guilty Of prolonged
periods of characterization, and that there
was no other way but to whip him. John
s. Duncan. attorney for Miss Mason, de-
clared that 1t was not school case" but
a case OF spite work on the part of the
boys mother, who resented the manner in
which Miss Mason had spoken to her dur
| ing a certain interview The boy, on the
| witness stand, showed the jury marks in
| his legs which he claimed were made by
! Miss Masons switches. The principal ex-
| blamed that the whipping was done with
| apple tree switches and her friends assert
| that these switches never left those marks.
WAS HIS UNDOING.
Deputy Prosecutor Benedict dropped into
| the courtroom during the trial and inter-
| ested himself in the case. He became
| curious TO know something about the
weight of Miss Mason, and his curiosity
was his undoing. might 1 ask" he boldly
ventured, turning to the principal who
/ was then on the stand, "about how much
| you weight" The young woman to whom
! the remark was addressed fixed the deputy
with stare. Heretofore her eyes had been
| Of gentle gray. Now they took on the
hue of cold steel. The deputy prepared
| to duck, but the court interfered. The
| lady can be seen by the jury, said Judge
Afford. CALAMITY. land she needn't an
idea!' scornfulIy remarked the principal
afterward, discussing the case with group
wonder what that Impairment young man
would have asked me next?
Judge Affords instructions to. the jury
they listened with marked attention. THE
State" said the court, must show beyond
a reasonable doubt that the touch
| you that under the laws OF the
State teachers bear the same rights and
authority to punish children under their
charge, in a reasonable manner for all
misconduct, that the parent OF the child
| has, and the law will not interfere in
OF ,ated Is OF re and
able. instruct you that this is not an or
binary case OF assault and battery, and is
not to be so considered by you in making
| up your verdict; good order and obedience
| are of Just as much Importance in the
| schools, where others who are young and
| inexperienced may be led and tempted into
| church or the army.
MILLIONS WOULD BE WASTED.
| without the power and authority to
| compel by all reasonable means and meth
| DDS order and obedience, the millions of
dollars spent in this country for the care
| and management OF our schools-the great
| bulwark of country-are as good as
wasted. The law in cases like this not
| only presumes that the teacher is innocent
as charged. but the law also presumes that
in this punishment she has done her duty
in the enforcement of obedience and order
/ In her school Consider the switch used
| age and condition of the boy in this case
| and his manner and disposition in school:
breach OF good department in school by
him was not one to be overlooked or
/ treated lightly. Some of the parents I'm
| this school may believe honestly that they
have just cause TO complain OF defendant
as teacher, but so long as she was there
/ as a teacher her reasonable demands must
| be obeyed and IL may be that the fact
| that some of the parents did not like this
| duct OF this boy, for talk by parents
against a teacher soon becomes a part OF
the little army of children under her. and
this breach OF good department was CAL
/ culated and was most likely intended TO
humiliate the defendant In the presence
/ OF her school and its tendency was TO i'm
| pair her influence In the government OF her
/ school, The motive may have been a de-
| sire on the part OF this boy to see defend
ant dismissed from her school; and had he
| succeeded In this, or should ne now sue
coed in convincing you jurors of her
guilt-that Is that the punishment was UNI
reasonable and cruel-remember that next
] September some one must take her place