Jasper County Democrat, Volume 9, Number 29, Rensselaer, Jasper County, 20 October 1906 — REVOCATION [ARTICLE]

REVOCATION

Sustained by State Supt. Cotton. DECISION GIVEN OUT WEDNESDAY. Admission of Teacher B. N. Fendig That tie Had Played for Money Held toJustlfy Co. Supt. • a ' ; >- ■■ ....... - -t—*'■ ' Fassett A. Cotton, state superintendent of public instruction, today revoked the licenses of Berthart N. Fendut, the teacher in the Jasper county schools who was charged with gambling by Superintendent Hamilton of that county. Mr. Cotton finds that the accused teacher is guilty as charged, and formally orders that the decision of Superintendent Hamilton be sustained, and the license revoked. He wrote Fendig to this effect. The case is one in which several prominent people of Rensselaer were implicated. Fendig was accused by the county superintendent of gambling and frequenting a public gambling house; it was charged that he was found at such a place early one Sunday morning when the place was raided. The county superintendent demanded his licenses, and Fendig refused to give them up, asserting that his presence at the gambling house was in the interest of a friend. He appealed to the state superintendent for a hearing, and last week Mr. Cotton, accompanied by Henry A. Dowling, an assistant in the attorney general's office, went to Rensselaer, where a public hearing waaheld. After reviewing the testimony at the hearing, that seemed to show indisputat bly that Fendig did play cards for money, * winning or losing, at times, as much as $25 a “sitting," Mr. Cotton, in his decision analyzes the testimony. “While the evidence is in conflict in many points,” the decision reads, “I am convinced that it establishes the truth of the charges made against the 'appellant by the superintendent bf Jasper county. The previous conduct of the appellant, the admission that he had, at recent dates, played games of chance for substantial sums of money, his frequenting the gambling resort where his gaming companions were arrested, his confession that he saw no harm in such pastime and did not think his moral character suffered from these associations and amusements, all prove beyond question that he had become addicted to gambling. “His presence at the resort known as Rosenbaum’s is not sufficiently explained by him, as it seems scarcely credible be would be so zealous in behalf of a friend that he would run the hazard of being caught by the officers with other gamblers upon the premises, perhaps in the very room where the game was going on, and thus obtain a notoriety and subject himself to criticism and ignominy, and yet absolutely forget for a whole evening, the instant peril of that friend for whom be was suddenly willing to risk so much. “I am, therefore, of the opinion that the evidence sufficiently proved that Benhart N. Fendig was addicted to the practice of gambling and was, therefore, guilty of conduct unbecoming one of whom is entrusted the instruction of youth, and who bad been placed in a position where he may exert a powerful influence, not only on the intellectual life, but on the moral standards of the boys and girls.” The opinion then goes into two legal questions: Whether the immorality must be proved to be in direct connection with the school work ; and whether the bearing before the county superintendent was illegal. The opinion concludes, with reference to the first point, that the teacher must maintain a fair degree of decency at all times, in school and out. On the second point the opinion does not decide, as for all practical purposes the hearing before Cotton makes the previous hearing before the county superintendent a moot point. In conclusion, the opinion says; “My holding accordingly is, that the decision of the county superintendent of Jasper county, Indiana, revoking the license of Benhart N. Fendig,Jbe and the same is hereby in all things affirmed and approved. ’—Wednesday’s Indianapol is The above tells the story of the result of the hearing in this case, which was going on last week when The Democrat went to press. Mr. Fendig will now "lay down” and give up his school, teaching yesterday for the last day. Arthur Tuffeer, who has been clerking in the grocery department of the Chicago Bargain Store, has been hired by Trustee Stackhouse to finish out the term. The evidence in the case as brought out in the hearing was rather contradictory as to the previous reputation of Mr. Fendig The officers and a few others stated that he had the reputation of being addicted to gambling for some years, while many others stated they never had heard of anything of the sort until this matter came up. When Mr. Fendig himself was crossexamined he apparently made a clean breast of all his connection with; the poker games; said that he had played some at "Mr. Warner’s” and "Mr. Thompson’s,” and hadalso played at the Rosenbaum gambling rooms; that he

had never won nor lost to exceed the amount of $25 at a "sitting ;” that be bad visited the Rosenbaum place as late as August last, but was not in there on the night of the raid, having merely gone there to warn a friend, Dan. Waymire, the republican drainage commissioner, of the contemplated raid. For some reason the question of how be learned of the fact that the raid was to be made was not asked of him. It would be interesting to know where the “leak” wps, for the officers state that they gave no one any intimation of their plans. Mr. Fendig denied having admitted to Mr. Hamilton that be gambled, and stated that be had not gambled since his school began. It is no doubt a fact that there are many of the so-called “upper-tens” of Rensselaer who play poker in their homes, and for money, too, and Mr. Fendig evidently thought it no very serious crime to do so. Affidavits as to his good reputation were introduced to the number of a score or more, and a petition signed by all tbe pltrons of bis school was presented, testifying to their satisfaction and confidence in him as a teacher.