The Portland daily press., 1898-01-24
IN COURT.
Judge Robinson Discharges Officer
BOynt0n.


BOynt0n.
The Fall of the Curtain on Gaiety Dram 6
The Grand Trunks Efforts to Save
Young America.
Special Police Officer Boynton was
discharged in the municipal court Satur-
day by Judge Robinson and the episode
growing out of the desire Of Miss Nellie
Sinclair to win fame and fortune on the
stage was closed. Hon. George III. Seid-
ers argued the case in behalf of Boyntcn.
In opening he told the court that his
clients absence ON Friday afternoon WAS
not due to any intention to keep away or
| to delay the business of the court but rose
from the fact that, Boynton did not un-
derstand that he was required to be pres
emit. Mr. Seiders reviewed the evidence in
the case and claimed that even had there
been conspiracy to get the Sinclair girl
out of the building without the knowl-
edge of her brother, Boynton had not been
connected with it, the evidence pointing
on the other hand to his ignorance of any
such plan if it existed. Had Boynton
conspired with OF hers to get the young
woman away from the building and de-
tanned her brother in carrying out this
| intention, 1t might be found that he was
guilty of technical assault and battery.
Mr.. Seiderslargued that to find Boynton
guilty on the evidence in this case would
lay every policeman open to similar
suit If he interfered as his duty both az
citizen and an officer required him to
do when he saw what appeared to be an
assault about to be committed.
| Assistant County Attorney Allan who
summed up for the state emphasized the
fact that man had been seen to peep out
of the rear door of the theatre while Sim
clair was waiting for the appearance of
his sister and that it had been shown that
this man wore badge. More than that,
Mr.. Allan urged, the rear door was kept
locked and Boynton kept the key. II it
was Boynton who looked out of the door
in this way that and the testimony OF
Miss Sinclair who said that she was sent
back to the dressing room after once
| going down to the door in company with
Boynton and the others, would, in Mr..
Allan's opinion, connect Boynton with
an intention to get Miss Sinclair away
from her brother and show that he seized
Sinclair for the purpose of aiding In
carrying out the plan.
Judge Robinson, in announcing his
decision, said that the evidence in the
case had proved to him certain conditions.
| There were things which he thought the
| evidence disclosed but he did not think
that it had been proved that the respond
emf had committed criminal act. Judge
Robinson emphasized the word criminal
and add that he did 80 Intentionally. He
then ordered that Boynton be discharged,
| Another. case of interest which was
brought to the attention of Judge Robin
son, Saturday, was that of John M. Null
kern, boy who was arrested Friday
night for lettering around the Grand
Trunk elevator after he had been warned
| by the employees not to do SO. When his
case was reached, young Mulkern pleaded
guilty, smiling pleasantly at the co rt as
he did SO. He is youth of apparently
l
of the counsel for the Grand Trunk was
present and explained the circumstances
leading to the boys arrest. Mr.. Hight
said that the cars arriving at the elevator
after they have been emptied of the grain
which they contain are showed out into
the yard through the great doors in the
end of the building. 1t has been the GUS
tom of many small boys to jump into
these moving cars in order to secure what
little grain is left In them. AS the cars
move along the Toys jump for the doors
and resting their elbows on the car floors
swing their bodies back and forth until
| they can get their legs inside and SO pull
themselves into the cars. Mr.. Hight said
that the officials of the road had tried
every means in their power to stop this
dangerous practice but the boys kept at it
and rushed at the cars in swarms. The
| offenders had time and again been driven
away by the watchmen, notice had been
given by the city marshal by publication
in the newspapers that the law against
lettering must be observed and notices Of
the same kind had been posted about the
railroad premises. The grain which is
taken In this way is in ouch small quanti-
ties that 1T ia loss which is not felt. The
officials were actuated by desire to pre-
vent loss of life about the elevator and so
had caused arrests to be made. Two boys
were taken into custody by the watch
men but as they were being led to the
patrol box the crowd interfered, tripped
up one of the men and his boy escaped.
Mr.. Hight asked that the Mulkern boy be
sentenced although Mr.. Hight said he
was willing to leave the question of the
suspension of the sentence entirely with
the court. IL was desired that If the par
ents of these boys could not or would not
keep them out Of harms way that the
law should do SO. An uncle of the Null
kern boy made an appeal in his behal
and Judge Robinson imposed fine Of
five dollars and costs, warning the Offend
er that if he repeated the offence his sem
tence would not be SO light.
|