Show NOT T GUILTY 1 j f A jerf of six Sti stains the thi principal of a school ol 01 in III discipline mr 1 william wi lliam H M jonee jones prin cipal of the central district school in this city was brought up yesterday y ester before P F A miller miller esq A precinct precinct justice charged with having on tho the ad dinst committed a battery on the person of mr james ballantyne a young man who was ft A pupil bueil at the school by striking and kicking mckinl said young man A jury jur of six siz were im paneled we were in hopes at the time that the affair would be amicably adjusted and thought tb ought the welfare of the school would be better served by not giving it publicity but as mr air ballantyne has already been prosecuted by mr jones for committing a breach of the tho peace and on pleading guilty fined by justice dee and as the matter 1 ims become so public we feel in duty bound to publish the particulars mr V bierbower conducted the prosecution and judge williams the defense defendant pleading 99 not guilty mr james Ballan ballantyne testified that on the day previous to the fight be he had a dispute with the teacher over parsing a verb on the ad of february witness said he went to the schoolhouse school ho use after the afternoon session found the books of another pupil in hie his desk and hia his own not there he searched search ed several desks but could not find the books on applying lo 10 mr jonea jones who was at his own desk for information ini or mation mr jone said ho lie had bad ordered the books to be taken put out and had given the seat to ans an other aber pupil mr jones would not tell witness the reason nor inform him where bis his books were but said lie did not want witness to talk to him calling witness a perfidious vagabond witness said he would come to school in the morning and take his seat mr jones told him h in he was W expelled from the school witness said saidi demand ray my books mr jonea jones said D you go out as I 1 ordered you or I 1 will kick you nu out at the same time striking him a blow on the eye with hia his clenched cle riched fist witness then knocked mr jones down on getting gettin up mr jones came at him again and he knocked him down the second time when will english the janitor ll 11 interfered to stop the fight witness V atness again sought for hia his books defendant swearing mi earing V and ordering him out on witness going with the janitor defendant ran rad at him at the top of the stairs and struck him again again the janitor told witness as to go and also tried to prevent defendant from kicking witness but in vain defendant kicked him lie ile told defendant that if ho be was anxious to fight he could come oyer over the line of hid his jurisdiction and have bave all he wanted defendant and witness had lived together in the same house and family and were sometimes friendly and sometimes otherwise wae at the desk they were four feet apart jones struck first cross examined had bad not been directly informed of his expulsion from school had had some difficulty with the teacher especially over that verb mr jones was the first to call bad bid names witness did not first lay jay his hand on defendant repeated some of the th e evidence evi in chief there had bad been no complaints of witness talking loud in school parsing the verb caused the first trouble had heard mr jones use that bad kind kindol of language to other pupils wm win english janitor of bf the central Schod schoolhouse house testified that when the difficulty occurred he was engaged in sweeping the floor when he be heard mr jones tell mr ballantyne in a loud voice voide to leave the house he ile next heard a scuffle and looking I 1 10 k n saw mr jonea jones falling when W TL he got up he came after ballantyne again and jones was knocked down a second time then mr ballantyne took jones by tho the heels turned him over and battered his lace face witness sepa sell a rated the fighters mr jones again struck at ballantyne witness ss held him himi missing him but striking witness on the arm arnt ballantyne then seemed as if he would attack witness for being held who exclaimed D you isyou if you do dol witness escorted mr ballantyne I 1 down aown the stairs mr air jonea jones follow ing and saying deoul youl and k kicking him bim lir witness etuess got ot behind B ballantyne gallanty no to prevent cal him bedig kicked icke d judge williams William 3 admired the 49 spunk of his client who reminded him of the kentucky man nian who had been struck by lightning and struck at the I 1 lightning linning back again again mr A T aright wright school trus trus tee testified that mr air jones when reporting the case to him sard that when ballantyne car came no to his desk in a threatening manner ho be struck him mr If robt tobt school trustee testified that mr jones called oo 00 him individually to report the difficulty he 1 said that when ballantyre Ballan laid hia ble hand haa on oil him lie struck him mr wm S lewie lewis testified to mr joness evid evidence enve o 0 getice tice pees court when prosecuting prose cutini mr air that owing to mr allan tyne ho bost struck Hallan tynes a gesticulating him bir mr nephi anderson a pupil corroborated th the e evidence in general lie ile did not see or hoar bear as given the first part of the trouble being buoy at hie his deek desk saw the fight mr jonea jones I 1 kicked ballantyne when the stairs Ballant ballantyre vre paid faid on I 1 cant stal stand A thakill that P D eyoul n joul jonathan ifor the prosecution browning a pupil testified corroborating rob orating witness anderson kude pon being bulyat busy at his desk with his bi 1 a example he kept one on e eye on bis his book and the other on them heard a scuffle and saw bal ballantyne lauryne hams ham tn ering twing jones cuck click click slapping his hands bands on the staircase mr jones kept trying to kick ballantyne Bal lauty 11 e but anderson stopped him he delivered a good m many an kicks the janitor was man mane enough boug K alone to take ballantyre Bal lantye out ou t emma stone testified mary stimson testified that al though present she did not see the first occurrence air mr jones said to ballantyne he would be kicked out and publicly exposed if he returned next morning when at the door of the hall mr air jones said to ballantyne lan tyne D you go 12 never heard mr jones use that language before mary Alc corroborated the lady lidy witness heard the te teacher a cher use that language the teachers face was covered all over with blood the defense rested and the court took recess at 2 p m mr bierbower made a very short argument followed by judge williams in a two t wo hours hou able argument citing numerous authorities the cities ties on the relations of teacher and pupil and the necessity odeus of sustaining discipline in school mr N bierbower closed with a short caustic argument and at the jury retired to deliberate and after five minutes returned with a verdict of not guilty the jury jur was composed of the following named gentlemen win critchlow ben E rich wm win morley H J newman jr H H goddard and JM jal browning |