Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-01
HERE'S A PRETTY M|x-UP
BoYDEN AND PAYNE BUY PROP
ERTY-BAILEY BUYS IT, TOO.
Consequently, Somebody's Charged
With HOUSEKEEPING and There's
a Session in Court.

Technicalities of the law came very
near putting two innocent men into the
Marlboro Jail a few days ago.
Charles c. Payne and J. Hanson Boy
den. both of this. city, were the victims
of the laws rigor. Thursday of last
week Constable Wallace Dixon of Kent
district arrested these gentlemen on the
charge of hOusebreaking and brought
them before Justice of the Peace Arthur
Carr here. The justice held them for
their appearance before him Saturday and
fixed the bail at 500. Although they had
the necessary cash to deposit, the justice
could not accept the money, the law re-
curing real estate security.
1t is said that the constable Inundated
Payne and Boyden by .parading them
through the streets.
AS the Chesapeake Beach train bearing
them to Marlboro was pulling out of the
Smithsonian Institution alighted from
Washington car, and observing his friends
in apparent trouble inquired the cause.
When informed of the situation he re-
Quested the officer to release them, saying
he would be responsible for their appear
ance. The officer declined to do this and
the train started for Marlboro. Dorsey
fastened to Judge Cars office and after
securing a bOndsman In the person OF g.
Hodges Carr the Justice telephoned to
Chesapeake Junction instructing Consta-
BILE Dixon to bring his prisoners back to
Hyattsvile, which he did. and they were
released.
Paid Money Down.
Payne and Boyden were occupying a
small place near Ardmore owned by Mrs.
f. H. Meloy. widow. and the heirs of Will
liam A. Meloy. They had deposited the
sum of 500. it Is said, earnest money
for the purchase of the property. under a
contract. 1t appears that Gresham and
RfstOn, real estate agents of Washington.
Boyden and Payne, allege that the prop
erty was sold by the real estate brokers
to William Bailey. and when the latter
went to take possession it was found the
place was inha bited by Mr.. Payne. kis-
ton, tits stated, finding some furniture in
the place. took 1t out and placed his eli
ent's effects in the house.
J. A. WinslOw. representing Bailey, was
when Mr.. Payne came upon the scene
warrant charging Winslow with house
breaking was issued.
The case against Payne and Boyden
was tried before Justice of the Peace
Carr Saturday, and attracted considerable
attention. Jackson H. Ralston appeared
for Messrs. Payne and Boyden. while
r. Van Clagett represented the other
side. The warrant against Payne and
Boyden was for forcible entry and de-
tainer of the property in question. The
defendants demurred to the warrant on
the ground that the justice had no
jurisdiction to try the case. as it was
a question involving title TO property.
Who's the OwnerP
The judge overruled the motion, and the
hearing progressed.
The testimony of the contending real
estate agents tended to bring out the
fact that both had sold the same piece
of property to different parties, and the
whole case hinged on the question of
6,tlx thu.
made the prior sale. 1t is probable that
the case will go to the circuit court. and
that Judge Carr viii hold that he has no
Jurisdiction. The court will be asked to
decide which of the two claimants to the
property has a right to it,
It Is probable that this disposition Of
the warrant for forcible entry and de-
tainer will put an end to the charge of
housebreaking against Boyden and Payne
which is. Of course. a mere technical
charge as the intention to destroy prop
erty necessary to make out a case involv-
ing criminality is absent. The action 'is,
of course. purely civil one.