The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-06-24
BoYKIN RETURNS TO DENVER
He is Given Chance for His Liberty a.
He Sees Chance for Freedom

| Denver, Colo, June 2l.-Robert Boy
I kin, who was convicted OF murder in
/ the second degree in the District court
/ for having killed Milton Smith. a col
| ored deputy sheriff. and was granted a
new trial by the Supreme court. arrived
| in the city last night from the state pen
! itentiary, where he has been confined
| fifteen months.
! Three weeks ago the higher court re-
| versed the decision OF the District court
and ordered a new trial. The attorney
I general asked that The supreme court
grant a rehearing and this was denied
on Friday. Yesterday morning Deputy
Sheriff Lyon went TO Canon City and
brought the defendant back TO the coun-
! ~ Jail. as a result OF the decision of the
| Supreme court During the day Judge
lie Fevre. sitting in the criminal divi-
sion Of the District court, set the bond
at s. 600 BOndsnsen VIII be furnished
| on Monday morning.
IL has not been determined whether
Boykin viii be tried again. At the time
he was convicted there was much feel
ing existing between the police depart
ment and the sheriff office. and as Boy
kin was a police officer when ne shot
Smith, many people claim that this had
its effect on the trial. Since that time
there has been a complete change in
the sheriff'S office and the police de-
partment.
Policeman Boykin was on duty on
Market street at the time OF the killing
A colOred woman, the mistress OF Smith.
appealed 10 the policeman 20 arrest
Smith. who had been beating her. Boy
kin later attempted 10 do 50. when II IS
claimed Smith made 10 draw his revol-
yer. Boykin was quicker and killed
him.
The main point discussed by the SUI
preme court IN granting a new trial
was the legal difference between an Of
icer and a civilian with reference 20 the
length the former and the latter should
go in self-defense and in making arrest
The lower court. in the Instructions 20
the jury, made no distinction. while the
higher court held that an officer was not
required 70 retreat IN seif-defense 20 the
same extent as a citizen. in the exerci -
OF his Office. The prosecution held that
as both were officers the ruling Of the
higher court could rot apply.
No doubt the question viii ~ --feed.
should there p q 49, .---f sa-
der the l1w smith vaa an onloer. he
had 2 deputy sher7f's bsdge. bet vas.
not actually employed as 2 deputy - 90
III
A large number % Boykln's friends
were at the Depot n meet him last night
and % congratulate him on the turn
q Affairs. His wife and tHo children
were the fret % greet hin "a ha STEPPED
from the tram Mr. Lyon gave every
one an opportunity 20 shake hands and
talk a few moments with his rharge
The confinement has told on B0ykin ne
has grown thin. having lost nearly 20
pounds. but Dc j. n good spirits ari
very hopeful Of being freed. He Hp~aks
In rhe highest terms OF Warde-l Cfez-
horn and the other officers q the pen.-
.euuary for their kind trea trneut.
Attorney David @. Taylor has come IN
for large share % praise from Boy
k-a and the latters friends fof hla con
duct IN The csse since se took hold AZ /
ter a conviction had been secured he
has worked aEslduOusly and sh1.zra no |
httle skill N biz presentation q iha case
before The higher eourts.