The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-03
NO EXCUSE FOR IT
JUDGE TWOHY SAYS OF CONSTA-
Ole BOYD'S ACTION IN A
CASE.
COLLECTED A DEBT IN FULL
BUT ONLY TURNED OVER PART OF
1T UNTIL ARRESTED FOR
LARCENY.
BOYD CLAIMS AN AGREEMENT
Which Nobody But Himself Would
Admit Had Been Entered
Upon.

Constable w. B. Boyd, who was re-
elected to office in May last, along
with quite a batch of other reformers,
was before Judge Twohy yesterday,
charged with larceny. Suit was COM
menced in Justice Rodgers court early
in April by John Smith, a machinist,
who alleged that the Roberts-Goss
company were indebted to him to an
amount something like SIS, or more.
The papers in the suit were given to
Constable Boyd, who visited the office
of the company. The cashier, after
reading the papers, at once went to his
books and made out a check for 1851
payable to w. B. Boyd. With eau
ton which only those who have had
occasion to NEEDLE with justice as
dealt out in such establishments, the
cashier wrote in one corner Of the
check the words, John Smith, pay
ment in full" The check was dated
April 10 and was paid the same day at
the Germania bank, the back of the
check bearing the lame of w. B. Boyd.
On June rs, Smith, in some way learned
that Boyd had collected the amount
mentioned above, and, as he had re-
ceived only $23 from the representa-
a warrant was sworn out for Boyd S
arrest on a charge of larceny.
Smith testified yesterday that when
he called to see how his case was get
ting along Boyd told him that he was
able to collect only $25, and that he
had better settle for that amount.
Smith thinking the statement all right
agreed to the same and was given $23,
40 fo,, O md
81 for constable fees, which was re-
tanned by Boyd.
Robert Goss testified that when the
papers were served on him he inquired
up the account and found there was
$3575 coming to Smith instead Of $25
He drew a check for the first men
toned amount and gave it to Boyd.
Ex-Justice Rodgers testified that he
was present when Constable BOYD IN
formed Smith that he could not or did
NOT get only S25, and made it stronger
by saying that Boyd had told him the
same thing at another time.
The constable was represented by E.
E. Mcdonald and in his own behalf
stated to the court that he understood
his agreement was with Smith, that
if he collected more than $25, he might
retain the difference. He also explained
that since he naQ maze up HIS Hliuu
that he was not entitled to the differ
ence between what ne collected and the
amount turned over to Smith, he had
paid over to Smith the sum of SO. The
cross examination brought out the fact
that he had made up his mind that he
was not entitled to the difference day
before, yesterday, about week after
he was arrested for the Offense. Smith
took the money from one of Boyd's at
torneys but would not withdraw the
complaint.
Judge Twohy in summing up the
case said it was this sort of transac-
tions that tended to bring the justice
courts into disrepute. He could find
no excuse for such conduct himself al
though it might be possible that Con-
stable Boyd felt that he had done no
wrong In the opinion of the court
the defendant had purposely deceived
everybody connected with the case. He
did not feel like sending the defendant
to jail and for this reason would take
the matter under advisement until
after the Fourth.
Constable Boyd seen last evening
said there was nothing in the case to
make such a fuss about. The plaintiff
had agreed to take $25 for his part and
he had given him that amount. Mr..
Boyd laid the whole matter to the spite
work of Justice Rodgers who had put
Smith on to the business after it was
all over in order to make trouble.