Rensselaer Semi-Weekly Republican, Volume 24, Number 9, Rensselaer, Jasper County, 1 October 1901 — School Teacher Fined For Assault. [ARTICLE]

School Teacher Fined For Assault.

H. P. Overton, teacher of the James school, sooth of town, was tried Thais, evening, before Squire Troxell and a jury, on the charge of assault and "battery, in the case previously mentioned. The trial took place in the town hall, and al* though it lasted'till a late hour, the room was packed with auditors until its close, so great was the public interest in the case. The pupil, Clarence Cochran; for whose punishment Mr. Overton was prosecuted, is about 10 or 11 years old. The immediate offense was laughing aloud in school and when asked what he was laughing about, answering “O! Nothing.” Many others of the scholars were also laughing at the same time. Mr. Overton struck the boy 10 or 12 times, across the shoulders with a stick about a third of an inch thick at the large end, still two quite large bruises resulted. It was a long, light, slim and limber twig and one which in the views of most people, was selected with a discriminating judgment, as well adapted to make a boy dance a lively pace, but not seriously to bruise. The testimony of the scholars were all to the effect above stated, and that Mr. Overton seemed angry at the time. Dr. English also testified that he had examined the boy’s back, and thought he had been punished too severely. He stated however that the boy might have tender flesh, easily bruised. Mr. Overton testified that the boy would not study and habitually had poor lessons. He also stated at the trial, that the boy had given a good deal of trouble by laughing in school, and always at “nothing” when asked about it. But he had never been punished before, except to “stand on the floor” once. But he had often talked to him about his conduct. The jury had the case from 11 o’clock until two. For a long time they voted 9 for conviction and 3 for acquittal. Later the vote was 7 to 5, for a Ybw ballots, but finally all voted to convict. At first they agreed on a fine of one oent and costs. But the Squire, having had a case reversed in the circuit court because the fine was only 1 cent, refused to accept this verdict, and the jury then made the penalty one dollar and cost. The costs amount to some $43.

The jurors who tried the case were J. J. Porter, J. W. Duval), John Duvall, Sherman Renicker, Isaac Glazebrook, Joseph Rowen, S. O. Hammond, A. J. Abbott, Monroe Carr, P. W. Clark, W. S. Parks, and John Stitts. Mr. Overton states that he will take an appeal to the circuit court. Public opinion is divided as to the propriety of this conviction, but we believe the sounder final judgment will be that, while the punishment may have been somewhat too severe, especially for the single ostensible infraction of rules, yet considering the oontinousfcrmer - provocations, and the bad effect this trial and conviction will have on the government of the school and ‘the precedent such a conrietiba -wiU tend to establish againet'therlghtof teachers to enforce discipline and industry, that the verdict was a .mistake. As sohoola-arone w organized, and as childrep are now influenced fromoutside the school room, it is impossible to always 'have proper discipline without some corporal pWnihhment.. And it Is practically impossible to inflict effective corporal punishment without.sometimes punishing too severely. Allowanoes should be made for the as in the performance ofany other duty connected with their vooa-