Norwich bulletin., 1921-07-30

struck him, but he couldn't identify Per-
rU His sister, Anna, was recalled, and
testified that she saw Perry strike her
brotherN Arthur B1anchette remembered
seeing one boy in the tree. He also
said ttFat Perry struck him with the
whip AMI showed the marks to the judge.
Ben Kershay, father Of Richmond
Kershaw one Of the children in the case.
was called. He is instructor in textile
work at the state trade soJool. He
told of visiting Perry on the evening Of
the day that his boy came home and
said he was whipped. Perry admitted
whipping the boys and girls, and then
said to him (Kershaw) II would do it to
you If found you there" Perry he de-
clared, said that he had complained to
the officials previously and although
children had been brought before the
sing and so he decided to take the law in
to his own hands.
Ben Kershaw, father of Richmond
Riendeau, told Of going to Perry's house
and offering to settle for any dana Ss
Perry said he would take nothing
Attorney Macdonald than had Perry
take the stand. Defendant testified that
he has had endless trouble with children
d l.
In the cases in question he had hollered
at the children and told them to get out,
but they had hurled back an insulting
reply. He went down to tie tree and
there were five boys in It. This was
Wednesday. He admitted that he switch
ed three of them, using the hazel switch
he had used to drive his horses. Both
Wednesday and Monday when he asked
the children for their names, they retus
ed to reply. He said the bruises the
children had on their bodies c2m4 from
falling on the ground or jumping from
the tree when he came down to the tree
He was particularly angered by the
children this year because there Is only
one tree on his farm tlat is bearing
fruit.
Arthur Perry, brother of the defendant
told Of seeing his brother start for the ap-
pie tree carrying the hazel switch He also
heard the boys on Wednesday use an in
! snlting remark when he brother re-
| quested taem to leave the fruit alone
| Eugene Barslow, an employ at the Brad
| ley farm gave similar testimony
Attorney Morse in summing up for thu
prosecution told the court that there
were legal ways by which Perry eoult
protect his property, and that he had M
/
law into his own hands. Attorney Naae
donald in speaking for his client eallec
the courts attention to the fact that maj
has a right to protect his property H
believed Perry's story was true and tina
tie bruises had not been caused by tn
whipping, but by the failing of thu
children in their haste to fee.
In disPesing Of the case Judge Mao
donald said: Perry, when I saw thos
scars on the bodies of those little chill
dren a few minutes ago I made up m,
mind that you were guilty, and decided t.
send you to Jail. There was no excus
for striking those youngsters, and yel
had no right to take the law into you
own hands. It's up to the police to pre-
vent the stealing of your applies, an,
you should go to them. Children thought
lessly take fruit. I remember that as :
boy I stole it, not thinking it was seriou
to do so. I don't think these children
thought of what they were doing Ii
view of what the prosecuting attorney ha
said I do not think 7 shall send you t,
jail. I am going to find you guilty\an,
FIVE you, making the fine sufficient,
large to make you realize that you hav
committed a crime" A fine of 25 witt