The San Francisco call., 1898-02-03
LAID AWAY FOR NEARLY
 THREE YEARS An Indictment Per- mitted to Sleep in a Pigeon-Hole. Evidences of Lethargy in the Conduct of Fed
 eral Affairs. Man Accused of Crime Allowed to Walk the Streets
 in Peace.
WILL ESCAPE CONVICTION.
Owing to the Lapse of Tirae Several Important Witnesses Have Died
 and Evidence Has Vanished.

Henderson A. BOyak1n. OtnerW1Se known as Henry Boyd" and Henson Boyakin,'' seems to be possessed of the mantle of invisibility which proved to be of priceless service to its wearer In one of the most charming of fairy tales. More than that, the mantle not only seems to render him invisible, but also to cast glamour over the senses of those who seek him for the purpose of doing him evil.
 MT. Boyakin Is a wood and coal dealer at 3612 Nineteenth street in this city. His name, occupation and ad- dress appear in the City Directory regularly every year, and one would therefore naturally suppose that his place of business would be easy to find. Yet Deputy United States Marshal searched for him with war rant for his arrest for nine months, and returned the warrant unserved, with the explanation that he could not be found.
 Boyakin was indicted by the United States Grand Jury on April 2, 1895, as Henry Boyd, alias Henson Boyakin." for procuring false affidavits concern ing his claim for pension. A bench warrant was issued on the same day, and 1t was placed in the hands of the United States Marshal. It was re- turned on January 2, 1896, as unserved. the deputies having been unable to find him. On the warrant the true name was given as Henry Boyd, while on the back of the warrant the sup posed alias was spelled "Boynakin."
 Boyakin would have remained in- visible to the eye of the law, and the indictment against hifn might have moldered away with the lapse of years had it not been for his mothers love of money. She had been a witness before the Grand Jury in the matter, and late in September, 1897, she called at the office of the clerk of the United States District Court for her witness fee for one day. In response to ques- tions by Deputy Clerk Tonga she said her son was living near her and keep ing a coalyard on Nineteenth street where he had been continuously in business for the past seven years.
 On the following morning Boyakin, having learned from The Call that he was wanted by the Federal authorities, walked into the United States Mar shal's office, having left his cloak of invisibility at home, and surrendered himself He furnished bonds in the sum of $2500 and went his way.
 That was on September "A, 1897. More than four months have rolled by since then, and Boyakin has never been ar raigned in court to respond to the question as to whether he is innocent or guilty. The glamour of forgetful- ness seems to have settled down upon the big Federal building, so far as the lucky Boyakin is concerned and it would not surprise any one should he walk into court one of these mornings and demand that his plea of mot guilty be received and placed on rec ord.
 Deputy United States Attorney Bert Schlesinger was asked by a Call re- porter yesterday why Boyakin had never been arraigned. He replied that he did not know, except for the reason that there was no pension agent here to try the case; that Notary Public Poole, the principal witness for the prosecu- tion, had died and that it would be very difficult to convict Boyakin on that account.
 MT. Schlesinger added that Pension Agent Anthony would arrive in a short time, and that MT. Boyakin's case would then be taken up.
 It Is expected that the case will be called in court about the time of the completion of the long proposed and long deferred Hall of Justice.