Evening star., 1896-12-29
THE .BARROWS CASE
Messenger Boy Who Was Sent to
Reform School.
COLONEL CLAY ON TIE STAND
Habeas Corpus Proceedings Con-
tinued Today.
AND ARGUMENTS

The hearing before Chief Justice Bing-
| ham of the application of Superintendent
Robert q. Csllum of the Mutual District
Messenger Company for the release from
the District reform school of Frank Eugene
Barrows. boy employed by the company.
was continued this morning.
Mr.. Callum. as the next friend of the boy.
claims that the little fellow was more than
sixteen years OF age when committed to
the school last month by Col Cecil Clay
president OF the board Of trustees Of the
school; that Mrs. Alberta Evans, upon
whose complaint the boy was committed,
was not his legal guardian. parent or rela-
tive. and that the law under which he was
committed is unconstitutional On the
other hand, Superintendent Shallenberger
OF the reform school contends that the law
Ia constitutional: that Mrs Evans fs the
guardian by appointment under the will of
Eusehe =; Barrows. the boys deceased
rather. and that the boy was only commit
ted to the school after Col. Cecil Clay had
neard sworn testimony which conyfn. I'd
MIN tnat the commitment of the boy would
De LOT the best interests of the little fellow
Yesterdays Testimony.
Ihe greater part Of yesterday was de-
voted to the hearing Of testimony submit
ted by Messrs. Philip Walker and Freder-
lex Stutz. counsel for Mr. Callum. The
boy testified that he was born in January,
1SSO, and that after his fathers death. in
1888. Mrs. Evans, then Mrs. Barnes took
MIN In charge. He claimed that the woman
had lived since his fathers death both
here and in New York, and that she had
iH-treated him. once driving him from
nome. A number of witnesses Including
his school teacher Aa6 TO fho
character. their testimony tending to show
that he was as good as the average boy
Mr. Cailum also testified as to his con-
nection with the case, explaining that he
believed the boy had been imposed upon,
and thought that he was and is entitled
to his release.
Col. Clay Testihes.
In the hearing today, Assistant District
Attorney Armes. representing the school.
called Colonel Cecil Clay as his first wit
ness.
Colonel Clay testified that Mrs Evans
called upon him the 4th or 9th of last
month. stating that she desired to place a
boy In the reform school He explained to
her the law governing commitments. and
next day she called at his Office, when
she explained that she was the boys guar
dian, exhibiting what purported to be a
copy Of the will of the boys father. He
showed her the blank form of complaint.
explaining that he would require both her
and her husband to sign and swear to the
required complaint. They did so, their
sworn statements being witnessed by sew
eral clerks In Colonel Clay's office There
upon, said Colonel Clay. he signed an order
for the boys commitment to the school.
Mrs. Evans and her husband having
boy was but fifteen years of age and was
incorriSible. He gave the order of COM
mitment to Mrs. Evans and heard nothing
more about the matter until several days
1afr han Mr. 1It1rra lad htrp,
and complained that Mrs. Evans had fore
IDLY taken the boy from the company and
carried him off to the school Mr.. Callum
also complained that the boy had been ILL
treated, and requested an investigation of
the case.
Mr.. Callum was assured, said Col. Clay,
that the case would be promptly investi-
gated, and Col Clay explained that he
visited the school, saw the boy. and assur-
ed him that no harm would come to him.
He also requested Superintendent Shal1en-
berger and the latter's wife to note the be-
havior of the boy. Subsequently, the mat
ter was laid before the board of trustees.
when the case was referred to Trustees
Burchell, Shuster and himself for investiga-
tlon. They were investigating the matter.
said Col. Clay, and but for the illness of
Mr.. Burchell the matter would have prob
ably been satisfactorily disposed Of by this
time. MIR. Callum seemed unduly persist
ent in the matter, said Col. Clay and the
trustees determined to investigate not only
the charges made against Mrs. Evans, but
also the previous character of the boy.
To Mr.. Walker. upon cross-examination,
Col. Clay said that he noticed that the al
legged copy of the will of the boys father
shown him by Mrs. Evans was not duly
certified, and he sent to New York for one
and obtained 1t.
When. colonel?' inquired Mr. Walker
Before or after you signed the order of
commitmenN
After l signed it, answered Col. Clay
"Then." remarked Mr.. Walker, you
tod he hnvr 1,rf-
proof that Mrs. Evans was his lawful
guardian"
NO" replied Col. Clay. "For in her
| sworn statement Mrs Evans said she was
the boys guardian. But. not satisfied with
that, l sent to New York to further sat-
isfy myself in the matter
Col. Clay said he had not called the boy
before him previous to signing the. order
course is sometimes pursued He did not
SO DO IN this case. he explained, because
he he'd no reason to doubt the sworn COM
plant of Mr.. and Mrs. Evans
Colonel Clay was about to explain what
Mrs Evans had stated to him, when Mr.
walker remarked that they did not contend
tnat Colonel Clay had acted contrary to
what he CLAY believed was the lawful and
proper way in the matter. Nor did they
deny that he and the other school authorf-
ties have acted in what they believed was
the best interests Of the boy. But they de-
MED that the law under which the boy was
committed Is constitutional and they also
denied that Mrs. Evans Is or was his legal
1y appointed guardian
In this connection Mr.. Armes exhibited
what purported to be a certified copy cf
the will Of the boys father This alleged
copy recited that the boys father or adopt
ed father requested in the will that Mrs.
Evans should be appointed as his guardian.
Upon the objection Of Mr.. Walker, the So
called copy was ruled out because 1t was
not legally certified to.
Col. Clay was followed on the witness
stand by Principal Nudge Of tie Force
School. who stated that the boy attended
the school. and that while. like other boys
he was sometimes given to prevarication
| he was generally very good boy
Mr.. Mcdonald.
Patrick J. NJ. Mcdonald Of So H street
northeast was the next witness called by
MI Armes. but before he testified the usual
| middsy recess wss taken. During the re-
cess quite an excited controversy took place
between Mr.. Armes and his witness. Nc
| Donald. The latter accused Mr.. Armes of
| endeavoring to get him to lie on the wit.
| ness stand
He charged that Mr. Armes had accuaaa