Mexico weekly ledger., 1895-12-19
FINED 81 AND COSTS APIECE.
The NJ. M. A. Boys, Who Went to
Boonville, Were Thus Dealt With
General M~cIntyre's Statement.

oCuCA al 4AINL &c pGdICikCub
The NJ. NJ. A. boys, who were taken
to Boonville Thursday night return
ed Saturday. They were tried in
Justice Gibson's court and fined 81
and costs apiece. In order to obtain
fair statement of affairs from the be-
ginning, a reporter for the LEDGER
saw General ID. II. Mcintyre, n of
the attorneys for Col. Fleet, and he
gave out the following statement for
publication:
"Some eight weeks ago the foot ball
team of Kemper School at Boonville
sent an invitation to the foot ball team
of the Missouri Military Academy to
play them a game on October %. They
went to Boonville on the 9th and
we're by Capt. Cooke assigned quar-
tiers at the Commercial Hotel, kept by
Mrs. E. Helfrich. They were in charge
of Capt. Seawright. He, with seven
of the boys, had rooms on the second
floor, and the remaining eight were
all in one room on the ground floor.
During the night, it is claimed by the
prosecution, there was a great
deal of disturbance, such as loud and
unusual noise, swearing and so forth.
1t seems also that q wash bowl, pitcher,
tumbler and some other furniture in the
room were broken and injured. The
boys remained at the hotel that night
and were in and out of the same sew
eral times during the following day
for the purpose of changing their
suits. No effort was made to arrest
them that day and no complaint made,
80 far as l have been able to learn.
Some days after they had returned
home Capt. Cooke, of the Kemper
School, wrote to Capt. Seawright
about a small balance on the board
bill and the damages for destruction of
property. When Col. Fleet enquired
into this matter he was informed by
the boys that the claim was very ex-
cessive, it being s14, including 50 for
board, whereas the boys said 81 would
entirely cover the damages. Col.
Fleet wrote to the parties that he was
on the eve of going away and upon
his return would look after the matter
and settle it. Other correspondence
ensued between Col. Fleet and Russell
Hartman, Mrs. Helfrich's attorney,
who vas urging the payment of the
full amount of the damages claimed.
About the 9th of December warrants
were issued for the arrest of the IN
tire team and placed in the hands of
Sheriff Ames, of Cooper county, who
arrested all the team except three,
who were not here. They were dis
charged from this arrest under a writ
of habeas corpus. Other writs were
issued on the 18th and the Sheriff and
Prosecuting Attorney OF Coopercoun-
ty returned to this place and made an
effort to arrest the boys, but were IN
successful. 1t WAS then agreed by the
attorneys ON both sides that one of
the boys charged should appear before
Probate Judge Edwards and ask for a
hearing on a new application for a
writ Of habeas corpus.
''The Judge quashed the writ and
held that the warrant for the arrest of
the boys was valid. Thereupon, in
pursuance of the agreement, ten of
the cadets mentioned in the warrant,
all that were in town or at the Acade-
my, appeared, and with Col. Fleet,
Capt. Seawright and their attorneys
went to Boonville in company with
the officers. After reaching there, o n
siderable time was consumed i'll at
tempting to bring the case to trial.
When the parties appeared before
Justice Gibson, at the Court House, it
appeared that the Prosecuting Attor-
ney was unable to procure the attend
ance of one or two witnesses, claimed
by him to be very important, and
without which he could not 60 to trial.
He intimated his intention to apply
for a continuance. Considering the
Inconvenience, the additional cost
and the uncertainties of a jury trial, it
was agreed by counsel on both sides
that the charge for disturbing the
peace should be dismissed and that
the charge for malicious destruction
Of personal property should be sub
mitted to the Justice, upon the state
ment Of the facts in the case by re-
spective counsel. This was accordingly |
done, and the Justice found the ten
before him guilty and
fined them 80 apiece and costs, but
upon further consideration agreed to
reduce the fine to 81 apiece. The
mischief complained of was done on
he ground floor room, and counsel
Tor the defendants stated that they
could prove, and urged upon the con-
of the Justice, that these
boys were placed together in that
room by those under whose authority
hey were; that the injury and de-
'truction of property vas committed
" three Of the team, who were not
at the trial and were not ar
and that such mischief was