The morning times., 1896-12-30
HOT WORDS IN THE COURT
Mcdonald Said Lawyer Armes
Could Not Make Him Lie.
BARR0WS HABEAS BORPUS
Husband OF the Woman in the Case
Was Forced TO Answer a Direct
Question-His Admission Caused
Laughter-Judge Bingham Is Ex-
pected to Decide in Favor OF boy.


pected to Decide in Favor of Boy.
The taking of testimony in the Frank
Barrows habeas corpus case was COM
pleted yesterday afternoon, and Mr..
livered his opening argument. Today As
sisiant District Attorney Armes will com
mencc argument for the government, and
ii is expected that Judge Bingham will
Immediately render a decision.
There seems 10 be little doubt in the minds
of those who have heard the last two
days proceedings that Frank Barrows will
be released from the custody of the Reform
School The evidence seemed To be all on
the size Of the boy, and the brilliant argu-
ment of Mr Walker, who cited authority
after authority To show that Frank had
been committed without due process OF
law, was very convincing.
There were exciting scenes during yes
terday's hearing, but the spectators who
anticipated the presence of Mrs. Alberta
Barnes Evans were disappointed. They
were treated, however, to a severe arraign-
ment OF her husband, George 5 Evans, who
proceeded to testify for her. AT one stage
OF his testimony when interrupted by Mr..
Walker because ne was telling what his
wife knew, the witness created a laugh by
saying, Well, she and / are one"
The principal part of the forenoon was
taken up in the examination Of Col. Cecil
Clay, of the Department OF Justice.
Col. Ciay's Admission.
on croSs-eNamination, Col. Clay admitted
that he committed the boy without having
seen 2 certified copy of the will alleged
TO award the guardianship of Frank to
Mrs. Evans. He saw what purported to
be a copy, but noticed that il was not
certified. Later, after committing the
boy, he wrote to New York for a certified
copy.
Mr Walker insistcdt that such copy should
be put in evidence.
Mr.. Armcs said he did not intend 10 put
it in evidence unless the court called for
it, He dcfiantly waved the paper back
and forth in his hand.
Judge bingham said: IF you have such
paper rs a certified copy, l think it
should bc put in evidence
Mr.. Armcs acquiesced and Mr. Walker
took the paper for examination. He
glanced over it and throwing it down said
it was not certified copy under the law.
The assistant District attorney explained
that il was not procuredto offer in evidence
but merely TO justify Col. Clay in his
action in committing on the accepted state
ment Of Mrs. Evans as To the WILL
MAY l explain how / got that papcr?"
asked the witness OF Judge Bingham, who
replied. No, it is not necessary"
The school superintendent.
Principal Murch, OF the Force School was
called to testify against Frank. He was
asked leading question by Mr.. Armes
as To Tie boys tendency to falsify, but
Mr. Walkcr objected and the court insisted
on different question.
Tie principal, upon being allowed to
proceed, explained that on one occasion
having caught the boy in a lie he COM
PEELED him TO write on the blackboard
before the school confession OF his guilt
of living. and 10 which he was compelled
to sign his name.
Principal Murch informed the court,
in SS-eXaIuination by Mr.. Walker, that
from that time he never knew Of his having
again told an untruth Mr.. Murch said
Franks character was above The average.
\ Personal Difficulty.
An exciting scene took place immedi-
atelv upon the Adjournment Of court for
recess.
Mr A-mcs had just placed upon the stand
Patrick Joseph McDGna The latter
stepped down from the box and was ap-
preached by Mr.. Armcs about an assertion
which Mr.. Armes claimed Mcdonald made
as to paying Frank money for Bulletins.
TIE spectators were aroused by hearing
Mcdonald declare in loud tones: You
can't make me swear to lie / never
said such thing
Did you not tell ne that Frank col
letccd money from YOU" inquired Mr..
Armes.
Il did not; did not vehcmently de-
Clared the witness
'You did" asserted the Assistant Dis
tricu Attorney.
You want me to swear to d lie, but /
won't do it"
who wants you TO swear to a lie"''
lyon do" persisted the witness. You
can't shove n lie down my throat
Let him talk on chimed in Col. Clay.
To Mr. Armes and for time it looked 8s
though there was going To be trouble. Mr.
Armes dismissed the incident, however,
by enjoinng upon the witness the impor-
tance Of being present at / O'Clock, when
court reconYened.
The sSistant District Attorney afterward
explained to The Times reporter that Nc
Donald had earlier in the day identified
BarrowS as a boy who collected money for
the Bulletin. Mr.. Armes explained that
later Mcdonald qualified the assertion
and wanted to get out of tcstifying. This
led to the difficulty.
When court convened Mr.. Armes made a
statement to the court explanatory of his
reason for calling Mcdonald, who is a
saloonkceper at No. 33 II street northeast
information received from Mr. ID wyer, pub
Usher of the Bulletin. Referring slightly
to othedispute during recess, Mr.. Armes said
he concluded it was not bis duty to put the
witness on the stand i'll view of the circum-
stances.
AT this point Mr.. Walker called Mr..
Murch to the stand TO have the latter
state correction or qualification of the
evidence as To the writing on the black
board
Mr. Murch was sure he threatened Frank
| with such punishment, but thought he
might be mistaken as to having inflicted it
Mrs. Barnes-Evans' Husband.
George S. Evans OF No. 500 Twelfth
street was called as a witness by Mr..
Armes. He gave evidence to show that