The evening times., 1896-12-28
.BARROWsA ASKS TO Be FREED
Proceedings in the Case of the
Reform School Boy.
JUDGE BINGHAM'S RULING
Holds That the Law Comforting Ex-
elusive Authority Upon Supt. Clay,
without RevisiOnary Power i'm the
Courts, Would Be UncOnstitu-
tiOnal.

l
Courts, Would Be UncOnstitu-
| tiOnal.
| The Frank Barrows habcas corpus case
came up this morning before Chief Justice
| Bingham in criminal court No. 2.
1t will be remembered that the hoy, who
was employed as messenger by Supt.
Callum, of the District Messenger Service,
| was committed to the Reform School about
a month ago by Col. Cecil Clay, President
| of the board of trustees, UPON the applica-
tion of Mrs. Alberta Evans, who claims to
| be the testamcntary guardian OF the boy.
| The answer of Col. Clay to the allegations
| of the petition that Barrows was nlega
! held and Imprisoned, set fort h that he acted
| under an act of Congress giving authority
| to the president of the board OF trustees to
commit boys to the Reform School upon
| application in writing OF the parent or
! guardian, and after taking such testimony
| as to satisfy him that the boy was incor-
| rigible. The answer also denied that the
| youth was over siXtee years of age.
owing to the Illness OF Mr.. Lipscomb.
| the boys counsel, he was represented by
| Messrs. Philip Walker and Fred &. Statz
Col. Cecil Clay sat near Assistant Dis
trict Attorney Arnes, who appeared for the
Reform School authorities.
Frank Barrows was also in court, ac-
companied by supt. CalluIn, his employer.
Call for Testimony.
Mr.. Walker stated 70 Judge Bingham that
he was satisfied testimony would have to be
taken. He asked that summons be issued
for Mrs. Evans. Mr.. Walker also wanted
her to produce in court the evidence upon
which she based her charges.
Mr.. A rrnes interrupted with an objection
to Mr.. Walker making a statement of the
case. He said the question was upon the
constutionality of the law giving authority
to Col. Clay to act. Mr. Walker proceeded
to show to the court that the application
to the board, as provided by law must be
in writing.
IF there is such writing argued the
lawyer, lit should be produced in court.
This woman claims to act As the boys
testameEtary guardian, under the lads
fathers will. We should know the au-
thority giving her such guardianship
Assistant District Attorney Arnes argued
at length TO show that the act was constitu-
tonal. He claimed that the Reform School
was not n penal institution, and that the
10y S liberty had not been taken away from
him. Then, again, he said, if the boys
counsel desired to get at the facts, he could
not bring them up in a hearing on writ OF
habeas corpus.
Testimony had been taken by the proper
officer, he contended, and he had acted
with sufficient authority. AS the law pro
vided for the commitment OF boys upon the
taking of testimony before the officer
named, lie submitted that, as the facts had
been gone into once before, they should not
now lie reviewed, any more than should a
commitment made by "a magistrate or
Judge of any court.
1t Was Tnconstitutional.
In disposing of this question Judge Bing
ham held tha5 to confer such authority as
claimed by Col. Clay, without providing for
review in court of the evidence before
him, was certainly unconstitutional.
If the law does not provide for a hear
ing of the facts in some way it is rare
defect of law" said Judge Bingham.
In this connection he held that the law
did not mean to ignore such a review of
the evidence, but, on the other hand, pro-
vided for action which would determine
whether or not the facts, as given to the
officer, were sufficient to warrant the
boys incarceration.
Mr.. Walker next pointed out that the an
swer of the Reform School authoritiesfailed
to give the name OF the woman claiming
to be the boys guardian.
Mr.. rrnes said he did not see that it was
necessary to give her name.
Mrs. Evans Name Inserted.
Judge Bingham hastily answered that he
thought it was very necessary to have her
name, ard then Mr.. Armes was given an
opportunity to amend the return, which he
did by inserting clause to the effect that
the complainant was Mrs. Alberta Evans.
Mr.. Walker next filed a replication, set
ting forth that Mrs. Evans was tthe boys
legal guardian, and stating that he had
never been properly committed ,and wasn not
incorrigible. The replication also asserted
that Mrs. Evans refused to allow him to go
to school. and had furthermore herself
seized him and taken him to the Reform
School. She had also thrown him into the
street.
The case being now before the courton its
merits, Mr.. Walker called Frank Barrows.
light-haired, open-countenanced boy of
about seventeen years. He was attired in
new blue suit.
Frank told the court that his name was
Frank Eugene Barrows, and that he was
the son Of Eugene g. Barrows, now deceased
He said his mother died in 1885 and his
father died in 1888.
At the death of his mother he and his
father went to live with Mrs. Evans. At
the death of his father he anil the woman
cameto Washington. She was then known
as Mrs. Barnes. In 1889 Mrs. Barnes went
to New York to live with a man named
George.
Inthe latter part of 1889 she again came
back to Washington, and in 1890 returned
to New York, this time accompanied by
Albert A. Brooks, lawyer of this city,
and Mamie Hoffman, niece of Mrs.
Barnes. After residing for some time on
Fiftieth street they went to live at Har-
lem; this time with another man. Mr..
Brooks having been driven out of the
house by Mrs. Barnes