Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1921-09-29

Those on the jury who heard the
opportunity to decide the matter in
clude the following: e. s. Powell,
Andrew Gruber, w. H. Gall, Jr., Albert
Mittlestead, George Egerer, Robert
Nachreiner, George Borchers, Albert
Koerth, Louis Bergin, Roy Mather.
North Freedom School Case
tFrom Tuesdays daiiy.)
The jury returned with no cause OF
action on the North Freedom case of
Lois Hayes, by his guardian, against
Principal w. NJ, .Mackin. eso
In such cases the plaintiff usually
pays the costs.
On April 81. 1921. the alleged as
sault took place. Arrangements were
being made to entertain teachers and
pupils at a forthcoming declamatory
contest and when Principal Mackin
asked who would assist in entertain
ing the visitors some one said that
two teachers would be welcome and
another that two pretty girls would
gladly be accepted as guests. This pro-
duced a laugh and when Principal
Mackin asked for order there was
quiet on the part of all except one pu-
pill, Lois Hayes. He continued to ha,
ha, and in the end the principal at
tempted to suppress him. The princi-
pal admitted he struck him on the
forehead as the pupil attempted to
arise in his seat and the pupil claimed
blood flowed from wound in his fore
head. The principal held he did not
strike him with his clinched fist but
with his hand partly open and in the
excitement there might have been a
scratch made. The wound has entirely
healed and has left no pronounced
scar.
1t was further testified that this was
not the first offense on the part of the
pupil but that he had been unruly on
former occasions. After the assault
incident he was temporarily sus-
pended, afterward reinstated, and still
later promoted with his class. On
June 80, after the graduation the suit
was begun by his father.
Court Charges Jury
In charging the jury Judge O'Neill
said that under the law schoolmas-
tiers had a right to formulate rules
for schools and right to punish dis
obedient pupils. If the punishment be
in excess or unreasonable then the
principal is liable for assault. The
teacher must exercise authority and
the pupils must be obedient to lawful
demands In other words if the pupil
is disobedient the principal has a
right to punish for the good govern
ment of the school, but the punish
ment must come within the bounds of
reason.
The whole question for the jury to
settle was whether or not the punish
ment inflicted in the North Freedom
case was reasonable or unreasonable.
No stated sum of money was asked.
When they retired to the jury room
they we're in charge of Deputy Sheriff
William SIoniker and came back with
the above result.
Mr.. Mackin has been teacher for
many years but is not engaged in the
work this year. At one time he was
superintendent of schools in Rusk
county. Some of his children are in
the University of Wisconsin and some
in normal schools.
The witnesses were largely pupils
and members of the school board.
Those on the stand follow:W. N. Mac
kin, Dean Knapp, Robert Schwartz,
Dorothy Draper, Max Pawlisch, Stan.
ley Hayes, Lois Hayes, WILDER Dehyle,
James Dougherty, Arthur Knapp, H.
M. Eschenbach, Helen King and Mar
celia Steinbrink.
The jury; William A Darrow, John
McCabe, Paul Cahoon, H. H. Potter,
John Accola, Herman Kasiska, Ernest
Sceales, B. F. Gollmar, Peter Geier,
Jesse Ballinger, F. G.. Dubois and R0-
bert Nachreiner.
Hits Her Husband
In the case of Herman Zeitler of
Prairie du Sac. Mrs. Zeitler did not like
of Madison a divorce was granted on
the ground of desertion. 1t developed
during the trial that the couple was
married in 1904 and that for some
years they resided on farm near
Prairie du Sac Mrs. eitler did not like
her husbands relatives. On one occa-
sion she ended her say by striking him
he did not strike back Differences
grew until she left in July, 1920, and
has since been residing in a house
owned by the couple in Madison In a
as to the property it was
agreed that Mrs. Zeitler have the
house in Madison, worth about $1,000.
There is mortgage on the property
of about $4,000 and this he agrees to
pay. There is daughter now almost
IL who is able to care for herself. The