Evening star., 1897-01-04
YOUNG BARRowS RELEASED
Judge Bingham Thinks He is Under Bi1-
teen Y8rA
To he Allowed to Choose q GuarAian-
Constttutionality OF the Law
Net Touched On.

Chief Justice Bingham today decided that
Frank Eugene Barrows, q Mutual District
Messenger Company boy should not have
been committed to the District reform
school the 9Th Of last November, and or
oered that upon the little fellows selection
OF q guardian he shall be discharged from
the custody Of the school authorities and
placed In the custody and care OF his chosen
guardian.
The boy. it will be remembered, was COM
mftted to the reform school by Col Cecil
Clay. the president of the reform school
foard OF trustees. upon the sworn COM
plant Of Mrs. Alberta Evans, who elaine d
therein to be the boys guardian through
the authority of an alleged will of the boy e
York city. She also swore that the boy
vas an incorrigible one. her complaint be-
ing supplemented by one sworn to by her
husband, Geo. 8. Evans. Colonel Clay
commitment, placing it In Mrs. Evans
hands. About ten days later she carried
the boy to the reform school. The boy was
tnen In the employ of the Mutual District
messenger Company, and the manager OF
the company Mr.. Robert @. Callum subse-
quently complained to Colonel Clay and the
school authorities that the boy had been
wrongly committed.
school authorities but before it was COM
pleted Mr.. CallCm sued out a writ of
habeas corpus. as the boys next friend,
contendirg that the youngster was more
man sixteen years of age when committed
oy Col Clay. and also that Mrs Evans was
not his legal guardian. He also submitted
that the law under which the commitment
was made Is unconstitutional
The matter was heard before Chief JUS
uce Bingham last week, Attorneys Lips
comb. Walker and Stutz representing Mr.
Calium and Assistant District Attorney
Armes appearing on behalf of the school
ments made and the court reserved its Ge-
cision until today.
His Release Ordered,
In disposing Of the case today Chief JUS
tfce Bingham said that several interesting
questions arose during the hearing, but
the court had no difficulty in arriving at a
conclusion. 1t is well-established law, he
said. that court may inquire into all
matters pertinent to the issue on habeas
corpus and may hear all competent evil
dence. The court had every right to in
quire, therefore, into the power right aid
Jurisdiction of the board of trustees presi-
dent to commit the boy. 1t would lie an
anomaly II such commitment could be
made without notice being given to the
boy or to his representatives. He was
satisfied that Mrs. Alberto Evans was not
the boys guardian. and that the boys
rather only expressed wish or desire in
his will that she should be appointed his
boys guardian. But there is no legal evi-
dence that the will was ever probated or
that the fathers wish or suggestion wes
ever legally carried out by her app pint
she was the boys guardian. but there has
been shown no record of her appointment
by any competent court or authority.
The Boys Age.
The boy, too. must have been under six
teen years of age to warrant his commit
tal and the boy. as was his right testified
that he was over that age when Colonel
Clay ordered his commitment to the reform
school Hence, he was not the proper
subject for commitment because Of that
fact. Then, again. the records of the
school he entered in September 1855, show
that the boy was then eight years OF age
The only witness produced by the govern
ment to contradict the boy and school
records was Mrs. Evans present husband.
His testimony was not very definite. being
mainly based on an alleged statement of
the boy last March, when application was
made to an insurance company for a policy
on his life. Evans said that the boy then
said he was fifteen years of age. But
the boy positively denied making any such
statement. Disregarding. however, the
statements of the boy and of Evans, the
ces tifcate on which the boy was admitted
10 school in 1888. at a time when there was
no controversy as to mis- age, Is, said the
court, perhaps the best evidence obtaina-
BILE that the boy was then eight years Of
age.
The chief justice said he had no doubt
that the age Of the boy was represented to
Colonel Clay as being under sixteen years,
and he had no doubt that Colonel Clay hcn-
estly acted, as he believed, in the boys best
interests. But, remarked the court, Col
onel Clay should have made a more thor
ougn examination. and it would be better
in the future for him to require strict and
legal particuiarity in such matters.
The facts brought out during the hearing
showed that the proceedings had been
properly instituted by Mr.. Callum. said the
chief justice, for it is very doubtful If the
boy should have been confined In the re-
form school, or that he should now be con-
fined therein. The boy might not have
been perfect, but his shortcomings or i'm
perfecti6ns were minor ones, and he had
not been shown to be boy of such bad
character as to warrant his Incarceration
in the school. Indeed, his alleged rniscon-
duct had only been alleged by the means of
hearsay evidence, and that was not, of
that he was. or is a bad boy. that person
should have been summoned as witness
Referring 10 the statement of Evans that
he set the boy up in business, and then ac-
cused him of stealing the money employed
in the business, the judge intimated that
the boy was merely taking, if, indeed. he
took any, only money which belonged to
the boy, or which the boy believed belonged
to him. The court also referred to Evans
statement that he would spend all he pos
sessed to keep the boy In the reform school,
The boy mad impressed the court on the
witness stand as manly, truthful one
and he had also been given a very fair
character by his school teacher Then, too
the boy has shown that he Is Industrious,
and anxious to earn his own livelihood.
Such a boy ought not to be sent to the re-
form school. But" concluded the court
"he ought to have guardian. and that,
too, whether Mrs. Evans was or was not
his legal guardian, for the proceedings be-
fore me have shown that she Is not proper
person to be his guardian. He should,
therefore, choose guardian. and when lie
does so. the court will discharge the boy
from the custody of the school authorities
and surrender him to the custody and care
Of the person he chooses as Ills guardian
Until the boy selects his guardian, no order
will be made in the ma:tsr."
An Appeal.
Assistant District Attorney Laskey stated
that when the order Is made he will note
an appeal to the Court of Appeals. The
school authorities, explained Mr.. Laskey,
while not desiring to harass the boy by
long-drawn-out leg.u proceedings. do desire
l