Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-26
Woman and Daughter Ap-
pear Before Court,
Charged with Violation Of the
Maine School Laws.
Action Brought by Windsor School
Board--Respondents Found Guilty.

Judge Lancaster of the Augusta mu-
nicipal court was called upon, Satur-
day forenoon. to render a decision in
4 ease wherein action Was brought for
violation of the provisions Of Chapter
| As OF the Public Laws of 1905. which is
entitled An Act to amend Chapter II
of the Revised Statutes of Maine, re-
| latine To education.' The case was
something of novelty and was The
first of the kind Ia be brought before
| the Augusta court since Judge l.ancas-
ter became The presiding officer.
The compliments in the ease We're
W. $. Bartan aud Hiram Pierce, mem.
bers of the school board of the town
ct Wiadsor.-ftnti the respondents, Mrs
Annie Benner and her daughter, Ger
trudc, aged u .years. both of. Windsor
Mrs Benner wss in court in answer t.
a warrant changing. her with violation
of Sectie,s s3see tire seliovel law, and the
daughter for violation of Section 81,
They were represented by NJ. Z. Saw
telle of Augusta and each entered a
plea of not ctilty4aThe counsel for tAe
school board in the case was ex-Judge
Benedict f.. Maber of Augusta.
The witnesses for the prosecution
'f'H''t
also Mrs. Frank Hall, the superintend-
ent of schools for the town. and Miss
Lure Taher, teacher OF the school i'll
which the Benner girl had been a pu-
Pill. The members of the school board
testified that the Benner girl had not
attended school since May l, although
of school age, and that to their knoMi-
edge sine was not receiving instruction
a, H. l,sa1
ner and had expostulated with her,
and that to one of them she had SAID
that she would send the girl to school.
Mrs. Hall. the superintendent, TESTIFIED
that she had called upon Mrs. Bennef.
and that the latter had said That she
would not send the girl to school.
Miss Taber, the teacher, said that
the trouble grew out of the Benner
girls putting rocks, grass and sand III
the dinner pals of the other children;
that TIE girl admitted doing so, but
that when requested to take the stun
out of the pals, she refused, where
upon, rs punishment. she tMiss Ia
ber) had whipped the girl with point
or, such as is used in school rooms,
over the shoulders and legs. Miss Ia
Der admitted that the pointer had been
broken during the act of Furnishing the
girl. but that the hreakage was due
either TO the pointer hitting the stove
pipe or a desk, she could not say which.
She admitted. also. that the pointer,
after being broken. was useless for
further school work, and that she
broke it into smaller pieces and took
them home with her. These We're
SHOWN in the court room.
FOR the defence, Mrs. Benner testi-
fled that Gertrude and a younger sis
ter came home from school. crying,
and that Gertrude said that the teach
er had whipped her: that the girl low
cred her dress and showed her the
Welts or her shoulder: that she also
showed her the marks on her legs and
back. that Gertrude further said that
the teacher had broken her pointer
over her. Fred Bonner, aged y years,
gave testimony similar to that of his
mother, and an older sister, aged 10,
testified that she was giving Gertrude
instruction at home.
Gertrude testified as to her trouble
with the teacher, and said that the lat
ter whipped her because she wonld not
tell who put the stuff in the pals. She
denied putting the stuff in the pals.
and her testimony to that effect was
helped out by that of younger sis