Gardner v. State

The state, by her attorney prosecuting, filed a charge, verified by affidavit, against Gardner, for assault and battery. The charge was made at the January term of the Decatur Common Pleas. It appears that Gardner was a school-teacher, and the party assaulted, his pupil. While they stood in such relations to each other, a controversy arose between them about the spelling of the word “ commerce.” The pupil, Stuart, having missed in spelling the word, and refused to try again, Gardner became angry and commenced beating him. He wore out two whips on him, and in the progress of the chastisement…