The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-01-04
FRANK BARROWs SET FREE
ChiefJustice Bingham's Decision
i'm the Reform School Case.
STRUCTURES UPON THE LAW
Person Cannot Be Confined in the
School by President OF the Board
without Proper earing-Mrs.
Evans Not a Properly Constituted
Guardian.

Frank Barrows was formally released
from the Reform School today.
1t will be membered that he was sent
to the reformatory by Col. Cecil Clay, OF
the Department of Justice. This was upon
complaint of the boys alleged guardian,
Mrs. Alberta Evans, formerly Barnes.
/ Barrows' release was procured upon
writ of habeas corpus, which was decided
this morning by Chief Justice Bingham.
The attorneys for the boy We're in court.
They were A. A. Lipscomb, Philip Walker,
and Fred Stuff The government was rep
resented by Assistant District Attorney
Laskey.
In rendering his opinion, Chief Justice
Bingham held that person could not be
confined a the Reform School by the presi-
dent of the board without being given a
right OF defense and the right to have the
boards action reviewed by the courts. If
no privilege Of defense or appeal was ac-
corded, the judge Held it to be an anomaly
in District legislation.
The duty of the court is clear and not at
all difficult said the chief justice. II
am not satisfied, in the first place, that Mrs.
Evans is the guardian. The only evidence
on that point is that of intent on the part
of tie father that Mrs. Evans, then Mrs
Barnes, should be appointed guardian.
Only a Suggestion.
"It was not an appointment; only sug-
gestion. No evidence exists that any such
appointment ever was made. There is no
legal evidence that the purported will ever
was executed. The alleged copy is in
sufficient to show that she was appoint
ed guardian.
There was no proper evidence before
the president of the school that she was
guardian except Mrs. Evans own affi-
davit. If letters Of guardianship have
been issued they should have been pro-
'duced."
Referring to the boys age, the court
held that Franks own statement was the
most satisfactory evidence. lie says he
was sixteen years old the January before
his commitment. Therefore, he was not
a proper subject to be sent to the Reform
School. This, taken in connection with the
age on the record of his school, is convinc-
ing that there was no legal evidence be
fore the board of trustees that he was Of
proper age for commitment.
At this point the chief justice explained
that there was no evidence of mscon-
duct on the part of Col. Clay. 1t is posi-
bic, though, that this experience may be
a matter of caution to the board in the fu-
ture They should be careful in every in
stance to see that they have sufficient evil
dence.
The court revie wed the evidence of Evans,
the husband Of the alleged guardian. The
statements Of Evans as to placing Frank In
charge of grocery store when he could not
have been more than eleven or twelve years
old and allowing the boy to handle the
cash was gone into; also the allegation
that the boy had pocketed some Of the
change. Judge Bingham said he could not
account for giving the boy such authority
unless the money was really the boys.
1t is hardly probable that if the boy was
taking Mr.. Evans money he would be con-
tinued month after month in the position.
Impressed With Frank.
Justice Bingham said the boy had i'm
pressed him as an honest, truthful lad, and
one that should not be confined in the re-
form school. lie said Frank had shown
desire to work, and had secured work with
good people. After criticising the feeling
displayed by Evans and the alleged guar
dian, the court sug gested that she certainly
should not have the charge of the boy.
Judge Bingham explained that before
Frank was finally discharged, however, he
wanted him to formally choose legal
guardian, who would look after him and
take charge of him and whatever property
he might have coming to him.
For the Reform School authorities, Mr..
Laskey mentioned that inasmuch as there
was seeming attack on the right of the
board of trustees, an appeal would be
taken. Judge Bingham explained that
the authority Of the board was not in the
least impaired.
1.-The board does not hold, your honor,
that the evidence of such cases can be gone
into the court" argued Mr.. Laskey.
Judge Bingham decided that it was a
proper action for the court to inquire into
and dispose of the facts.
81 don tsee, anyway, how any court could
send boy over sixteen to the Reform
School, concluded Judge Bingham.