MASTER AND PUPIL.

Hawera & Normanby Star, Volume XLVIII, Issue 8115, 10 November 1904, Page 2

MASTER AND PUPIL.

CHARGE OF EXCESSIVE PUNISHMENT,

PALMERSTOX, November 7.

Before the Stipendiary Magistrate this afternoon Thomas Stagpoole, headmaster of the Stoney Creek School, was charged with assaulting Michael James Dwyer, a pupil at the school, by striking him twenty-five times with a heavy strap. Mr Louglinan appeared for Mrs Dwyer. mother of the boy, and Mr Cooper for the accused.

Michael James Dwyer, aged nine years, stated on that on October 21st the master took him into the school, locked the doors, shut the windows, and strapped him. This was because witness was supposed tn have sworn at some girla. The marks caused by the biows were still on his body. Witness had never sworn at the girls, though he knew some indelicate and improper rhymes which were recited to him by counsel for the defence, yet he denied having used them to the giris. Dr Mclntyre deposed that on October 22nd he examined the ooy. He found large blue bruises on various parts of tlm boy s body. By the marks he would gather that considerable violence had been used. The bruises caused were more than the effects of an ordinary thrashing. Mrs Dwyer gave evidence as to the severity of the blows suffered by her son, and the consequent pain incurred by him.

John Mcßride, thirteen years of age. stated ttyat he remembered Dwyer having received the punishment. He was outside a window when the strapping occurred. He heard about a dozen blows.

Mr Cooper, in opening the case for the defence, referred to the impropriety of the language the boys had used to the girls. He argued that it was a schoolmaster's duty to look after the behaviour of his pupils to and from the school, otherwise the whole educational system would be undermined.

Thomas Stagpoole stated that* the boys in question were the worst he had ever h;\d anything to do with, especially as regards veracity, or rather lack of veracity. He detailed the nature of tho offence that had led to him strapping the boy. Before he punished him he urged the boy to speak the. truth, and called two of the little girls in to prove the offence. The boy then got safely in between the desk and the table. Witness struck the table with the strap several times and ordered the boy to hold out his hand. He then meted* out adequate punishment. When the mother of the boy interviewed him she said : "You have punished James unjustly." Witness replied : "If T had punished him unjustly no one would feel it more than I." Under cross-examination, witness stated that he had only given the boy two blows on each hand and two on the back. Ho then eftve. an example o? Lite strength of the blows which he generally meted out. as punishment. Mr Loucjhnan : "Well, after that I Km quite ready to believe that the boy was badly bruised."

The Stipendiary Magistrate then interposed : "Well, it is necessary that punishinont should be severe in order that it may be a deterrent."

Witness said he had not punished the boy for swearing, but for falsehood. Three fellow pupils testified as to the finnearance and behaviour of the boy after the punishment. All three were of opinion that he did not seem seriously affected by it.

The Stipendiary Magistrate expressed the opinion that the. case was really bound hv the fart that the conduct complained of was beyond the authority of tlic teacher. Hp Hid not think it could be held in New Zealand that the children were under the control of a teacher on their way home from school. The authority of the teacher ceased when the pupils left the precincts of the school. Therefore, what took place in this case was beyond the authority of the teacher, and he' had no authority to enquire into the circumstances, and consequently after enquiry was not justified in inflicting punishment. He thoroughly believed the teacher understood he was doing his duty, and that was for the. benefit of the child and for the general moral tone of the school. At the same time he did not think the punishment was at all excessive for the conduct complained of. A fine of Is without costs was inflicted. — New Zealand $i m &3*