Boynton v. Virginia Transcript of Record

    TRANSCRIPT OF RECORD

Supreme Court of the United States
OCTOBER TERM, 1965

BRUCE BOYNTON, PETITIONER, 

vs.

VIRGINIA.

ON W RIT OP CERTIORARI TO T H E  SU PR EM E COURT 
OP APPEALS OF T H E  COM M ONW EALTH OF VIRGINIA

PETITION FOR CERTIORARI FILED SEPTEMBER 15, 1959 

CERTIORARI GRANTED FEBRUARY 23, 1960



SUPREME COURT OF THE UNITED STATES
OCTOBER TEEM, 1959

No. 409

BRUCE BOYNTON*, PETITIONER,
vs.

VIRGINIA.

ON W RIT OF CERTIORARI TO T H E  SU PREM E COURT 
OP APPEARS OP TPIE COM M ONW EALTH OP VIRGINIA

I N D E X
O riginal P r in t

Record from the Police Court of the City of Rich­
mond, Commonwealth of Virginia
Warrant and certificate of conviction---------------  1 1

Record from the Hustings Court of the City of Rich­
mond ___________________________________  3 4
Notice of tender of transcript of evidence and for

certification thereof --------------------------------  3 4
Notice of appeal and assignments of e rro r...... ....  4 5
Motion to dismiss w arrant--------- -A --------------- 6 6
Minute entry of hearing ---------- ---    -------  7 7
Stipulation of facts and attachments ----------  8 8

Attachment — Lease between Trailways Bus 
Terminal, Inc. and Bus Terminal Restaurant 
of Richmond, Inc., dated December 2, 1953- 10 9

Attachment — Transcript of trial proceedings 
held in the Police Court of the City of Rich­
mond, dated January 6, 1959 ---------------------- 20 19
Appearances -------------------------------------------  20 19

R eco rd  P r e s s , P r in t e r s , N e w  Y o r k , N. Y ., M a r c h  31 , 196 0



11 INDEX

O riginal P r in t
Record from the Hustings Court of the City of Rich­

mond-—Continued
Stipulation of facts and attachments—Continued 

Attachment — Transcript of trial proceedings 
held in the Police Court of the City of Rich­
mond, dated January 6, 1959—Continued 
Testimony of Stanley Sylvanius Rush—

direct ______________ 21 20
cross ______________  24 21

Russell Forest Stout—
direct ______________ 30 25
cross ______________  31 26
redirect ____________ 31 26
recross _____________ 32 26

Bruce Boynton—
direct ______________ 32 27
cross ______________  37 30

Judgment _______________________________  39 30
Order overruling motion to dismiss warrant and

suspending execution of sentence----------------- 40 31
Order re transcript________________________  41 32
Certification to transcript (omitted in printing) __ 42 32

Proceedings in the Supreme Court of Appeals of
the Commonwealth of Virginia ---------------------  43 32

Order refusing writ of e rro r----------------------------  43 32
Order staying execution and enforcement of judg­

ment ___________________________________  44 33
Clerk’s certificate (omitted) __________________  45 33
Order allowing certiorari -------------------------------  46 34



1
[fol. 1]
IN POLICE COURT OF THE CITY OF RICHMOND, 

COMMONWEALTH OF VIRGINIA

W arrant  and  Ce r t ific a t e  of C on v ictio n

No. 26717
C o m m o n w ea lth  of V ir g in ia  > „  ,
City of Richmond > °~ 1 '
To A n y  P olice  O f f ic e r  :

W h e r e a s , S ta n ley  S. R u s h  has this day made complaint 
and information on oath, before me, the undersigned, a 
Justice of the Peace of said city, that Bruce Boyington did 
on the 20 day of Dee., 1958. CM-21
Unlawfully trespass upon the premises at Trailway Bus 
Terminal, 9th and Broad Streets

These are, therefore, to command you, in the name of the 
Commonwealth, to apprehend and bring before the Police 
Court of the City of Richmond, the body of the above ac­
cused, to answer the said complaint and to be further dealt 
with according to law. And you are also directed to 
summon
V Stanley S. Rush Address, Trailways Bus Terminal 
as witnesses.

Given under my hand and seal, this 20 clay of Dec., 1958.

Amended Charge:

Jno. McKenney (Seal) 
Justice of the Peace

Unlawfully did remain on the premises of the Bus Terminal 
Restaurant of Richmond, Inc. after having been forbidden 
to do so by S. S. Rush, Assistant Manager of the said 
Bus Terminal Restaurant of Richmond, Inc., the said S. S. 
Rush being then and there lawfully in charge of said prem­
ises, there situate in the said City of Richmond



2

[fol. 2]
$300 bond 

J. F. Me
Docket No, 7083 
C o m m o n w ea lth  

W arrant of A rrest

CM 21 
vs.

B ruce  B oyington  

Salman, Alabama

Executed this, the 20 day of December, 1958 by arresting 
the within named party, and by summoning the within 
named witnesses to appear in Police Court, December 22, 
1958.

R. F. Stout

Upon examination of the within charge, I find the accused

Con 1/6/59 
Guilty

Fined $10.00 & $6.25 costs

H arold C. M aurice  
Judge, Police Court

Stamp—Jan. 6,1959



3

S ta tistics

Place of birth .......... ................................................... ..... ....
A ge----- Color .....................  Sex ....... .............
Married □  Single □  Divorced □
Bead □  Write □
Occupation ....... .................. .............. .......... ............. ...........

C osts

Warrant ........... .......... ........................ ..................... $ 1.50
Trial ............................. ............... ............ .......... . 2.00
Bail ..................... ..... ..................................... ...... ....
A rrest............................ ..... ......... ............................ 1.00
Clerk, Htg. Ct. ................... ...................................... 1.25
Issuing Search War...... .................................... .....
Serving Search War............. .............. ....................
Witness Attendance ................... ............................  .50
Commonwealth Atty. ......... .............................. ......

Total Costs ....................... ......... ............... ...... $ 6.25
F ine ..................... ....................... ................. ......... 10.00

Total ..............................................................  $16.25

l x  P olice  J u s t ic e ’s C ourt  C it y  of B ic h m o n d

January 6,1959
This is to certify that the within named Bruce Boynton, 

was this day tried by me for the charge set forth within 
this warrant, and that upon said trial he the said party 
was duly convicted of the within charge, and sentenced to 
pay a fine of $10.00 dollars, and costs $6.25 dollars, from 
which sentence he the said party appeals to the next term 
of Hustings Court.

Given under my hand this 6 day of January 1959.
H arold C. M a u r ic e , Police Justice.



4

[fol. 3]
1st t h e  H u st in g s  C ourt  of t h e  C it y  of R ic h m o n d

C o m m o n w ea lth  of V ie g in ia ,

v.
B eu c e  B o y n to n .

T o : T. Gray Hadden, Attorney for Commonwealth.

N otice  of T e n d e e  of T r a n sc r ipt  of E v id en ce  and fob  
C er t ific a t io n  T h e r e o f

Yon are hereby notified that on the 8th day of April, 
1959, at 9 :30 o’clock A. M., or as soon thereafter as may be 
heard, in the Chambers of Honorable W. Moscoe Huntley, 
Judge of Hustings Court of City of Richmond, Virginia, 
the undersigned will tender the original transcript of the 
evidence, reduced to writing, in the above styled cause and 
respectfully ask the said Judge to certify the same as a 
true copy of the evidence in the above styled cause.

Bruce Boynton, By Martin A. Martin, Of Counsel for 
Appellant.

Martin A. Martin, Esquire, Clarence W. Newsome, Esq., 
118 East Leigh Street, Richmond 19, Virginia, Attorneys 
for Appellant.

I accept due and timely service of the above notice.
T. Gray Hadden, Attorney for the Commonwealth.



5

[fol. 4]
I n t h e  H u st in g s  C ourt of t h e  C it y  of R ic h m o n d  

[Title omitted]

To: Thomas R. Miller, Clerk of Said Court:
N otice  of A ppe a l  and A ssig n m e n t s  of E rror— Filed 

April 7, 1959

Notice of Appeal
Notice is hereby given that Bruce Boynton appeals in 

this case and will apply for a writ of error and supersedeas.

Assignments of Error
The following are the errors assigned:
1. The court erred in refusing to strike the Common­

wealth’s evidence and dismiss this prosecution on the 
ground that the defendant was an interstate passenger 
traveling in interstate commerce and the local segregation 
rules and regulations of the carrier were not applicable to 
defendant and were no basis for the prosecution.

2. The court erred in refusing to strike the evidence and 
dismiss the prosecution in that the statute as applied in this 
case discriminated against defendant on account of his race 
and color and denied him the equal protection of the laws.

3. The court erred in holding that defendant violated 
the statute by violating the rules and regulations of the 
restaurant company since such rules and regulations denied 
the defendant due process of law and the equal protection 
of the laws.

4. The court erred in refusing to dismiss the prosecution 
on the ground that the statute as applied unconstitutionally 
attempts to regulate commerce.
[fol. 5] 5. The Court erred in refusing to dismiss the
prosecution on the ground that the statute is an unconstitu-



6

tional and unlawful delegation of state police power to the 
restaurant company.

Bruce Boynton, By Martin A. Martin, Of Counsel.

April 7,1959,
Service Accepted:

T. Gray Hadden, Attorney for the Commonwealth.

[fol. 6]
I n t h e  H u st in g s  C ourt op t h e  C it y  op R ic h m o n d  

[Title omitted]

M otion  to D ism iss  W arrant

Defendant moves the Court to dismiss the warrant issued 
against him for the following reasons:

1. Defendant, on the date of the warrant, was an inter­
state passenger and was in the restaurant operated by the 
carrier’s lessee for the carrier’s passengers and others. 
The statute as applied contravened his rights under the 
Interstate Commerce Clause to the Constitution and under 
the Interstate Commerce Act.

2. The said restaurant was an integral part of the bus 
service for its passengers traveling in interstate commerce, 
and the statute as applied to defendant in this case dis­
criminates against him on account of his race and color, 
and denies him the equal protection of the laws.

3. In enforcing the custom or rules and regulations of 
the restaurant against this defendant on account of his 
race and color, the State denies this defendant due process 
of law and the equal protection of the laws under the Con­
stitution of the United States.

4. The statute as applied is unconstitutional as it at­
tempts to regulate the interstate commerce contrary to the 
Constitution and Laws of the United States.



7

5. The statute is unconstitutional as an unlawful delega­
tion of State Police Power to the restaurant company.

Bruce Boynton, Defendant, By Martin A. Martin, 
Counsel.

Martin A. Martin, Esq., 118 East Leigh Street, Richmond 
19, Virginia, Attorney for Defendant.

[fol. 7]
I n t h e  H u stin g s  C ourt of t h e  C it y  of R ic h m o n d

M in u t e  E n tr y  of H earing—February 4, 1959
Be it remembered that heretofore, to-wit; in the Police 
Court of this City the defendant was convicted as charged 
in the foregoing warrant, which conviction was appealed 
to this Court, and at a Hustings Court held for the City 
of Richmond, at the Courthouse, on the 4th day of Feb­
ruary, 1959, the following order was entered:

Appeal.
C o m m o n w ea lth

vs
B ru ce  B o y in g to n , Dft.

The said defendant this day appeared and was set to the 
bar in the custody of the Sergeant of this City and being 
arraigned pleaded not guilty to unlawfully remaining on 
the premises of the Bus Terminal Restaurant of Richmond, 
Inc., after having been forbidden to do so by S. S. Rush, 
Assistant Manager of the Bus Terminal Restaurant of 
Richmond, Inc., the said S. S. Rush being then and there 
lawfully in charge of said premises, there situate in the 
said City of Richmond, as charged. And with the consent 
of the accused, given in person, and the concurrence of the 
Court and the Attorney for the Commonwealth, the Court 
proceeded to hear and determine this case without a jury. 
And it being agreed to submit the case to the Court on the 
stenographic record of the evidence heard in the Police Court 
of this City, the Court doth continue this case to February 
20, 1959, at 2 :30 P. M. to hear argument of counsel. And 
thereupon the said defendant is released on continuing bail.



[fol. 8]
I n t h e  H u stin g s  C ourt oe t h e  C ity  of R ic h m o n d  

[Title omitted]

S t ip u l a t io n  of F acts and  A t t a c h m e n t s

It is hereby stipulated and agreed by and between the 
Commonwealth of Virginia and Brnce Boynton, by their 
respective attorneys, as follows:

1. Stanley Sylvanius Rush, Russell Forest Stout, and 
Bruce Boynton if called and sworn as witnesses would give 
the same testimony which they gave at the hearing in Police 
Court on January 6, 1959, a transcript of which hearing is 
attached hereto and made a part hereof.

2. On December 20, 1958, the date of the offense charged 
in the warrant, there was no enforced racial segregation, 
by law or otherwise, in any of the facilities of the Trailways 
Bus Terminal, Ninth and Broad Streets, Richmond, Vir­
ginia, other than in the restaurant adjacent to said facili­
ties and in the same building. The attorney for the Com­
monwealth objects to the admissibility of the facts stated 
in this paragraph on the grounds that they are immaterial 
[fol. 9] and irrelevant to the issues of the case.

3. Attached hereto is a true and correct copy of the lease 
in force and effect between Trailways Bus Terminal, Inc., 
and Bus Terminal Restaurant of Richmond, Inc., on De­
cember 20, 1958, the date of the offense charged in the 
warrant; and the Bus Terminal Restaurant of Richmond, 
Inc., was operating under said lease at said time. The 
defendant, by counsel, objects to the admissibility of the 
facts stated in this paragraph on the grounds that they 
are immaterial and irrelevant to the issues of the case.

Commonwealth of Virginia, By T. Gray Hadden, 
Attorney for the Commonwealth.

Bruce Boynton, By Martin A. Martin, Counsel for 
the Defendant.



9

[fol. 10]
A t t a c h m e n t  to S t ip u l a t io n — L ease B e t w e e n  T railw ays 

Bus T e r m in a l , I n c ., and B us  T e r m in a l  R esta u ra n t  of 
R ic h m o n d , I n c ., D ated D ec em b er  2, 1953

This Agreement, made and entered into this 2nd day of 
December, 1953, by and between Trailways Bus Terminal, 
Inc., a Virginia corporation with its principal offices in the 
City of Richmond, Virginia, party of the first part, herein­
after called “Lessor”, and Bus Terminal Restaurant of 
Richmond, Inc., a Virginia corporation with its principal 
offices in Norfolk, Virginia, party of the second part, here­
inafter called “Lessee”.

W l T N E S S E T H  :

That Whereas, Lessor is constructing a bus station in 
the City of Richmond, Virginia, on the premises located 
at the Northwest corner of Broad and Ninth Streets; and

Whereas, there is contained in said bus station facilities 
for the operation of a restaurant, soda fountain, and news 
stand; and

Whereas, Lessee desires to lease from Lessor facilities 
for the operation of the restaurant, soda fountain, and news 
stand, hereinafter fully described, for the term and upon 
the terms and conditions hereinafter specifically set forth;

Now, Therefore, This Agreement Witnesseth: That the 
parties hereto do mutually covenant and agree as follows:

L essor’s Covenants

Lessor, in consideration of the sums to be paid by Lessee, 
as hereinafter provided, and of the covenants and agree­
ments herein expressed, hereby covenants and agrees with 
Lessee as follows:

1. Lessor does hereby lease and demise unto Lessee sub­
ject to the terms and conditions hereof, for the term and 
at the rental herein provided for, space in the said Trail- 
ways Bus Station, for use by Lessee as a restaurant, lunch­
room, soda fountain, and news stand, which said space is 
more particularly described as follows:



10

That certain space in the basement and on the ground 
floor of the Trailways Bus Terminal to be constructed 
at the Northwest corner of Broad and Ninth Streets 
in the City of Richmond, Virginia, and is shown out­
lined in red on the two diagrams hereto attached and 
made a part hereof, marked Exhibit A and Exhibit B, 
respectively.

2. Lessor hereby grants to Lessee for the term and at 
the compensation hereinafter mentioned, and upon the cove­
nants, conditions, limitations, and agreements hereinafter 
contained, the sole and exclusive right, permission, license 
and privilege to sell and serve in the demised space, news­
papers, periodicals, magazines, books, stationery, cigars, 
[fol. 11] cigarettes, tobacco, food, meals, edibles of all kind, 
candy, confections, gum, soda water, soft drinks, ice cream, 
fruit, popcorn, nuts, souvenirs, toys, novelties, and all other 
articles and commodities, commonly sold at news stands, 
cigar stands, restaurants, soda fountains, and lunch coun­
ters; provided, however, that Lessee shall not operate in 
or upon the demised premises any coin controlled machines 
or vending machines of any kind or nature whatsoever ex­
cept upon written consent of Lessor.

3. The right, permission, and license hereby granted to 
Lessee by Lessor is exclusive, and Lessor shall not sell, or 
grant similar permission for the sale of the same, or similar 
articles by any other person, firm or corporation in any 
other part of said bus station, or on any of the grounds 
adjacent thereto over which Lessor has control.

4. Lessor shall keep and maintain the building in which 
the Lessee’s premises are situated in good order, condition 
and repair, including the painting of the interior walls of 
the leased premises at such time or times as in the opinion 
of the Lessor might be reasonably necessary.

5. Lessor shall furnish overhead lights, water and heat 
for the demised premises; provided, however, that Lessee 
shall furnish, at its own expense, electricity for the heating 
of water or for any other purpose that electricity might be 
used by Lessee except for overhead lights.



11

L essee’s Covenants

Lessee hereby covenants and agrees with Lessor as fol­
lows :

6. Lessee shall accept, lease and use, subject to the con­
ditions and for the term hereof, the leased premises as 
aforesaid, and shall use said space and facilities for the 
installation, maintenance and operation of a restaurant, 
lunch room, soda fountain and news stand, and for no other 
purpose, with the privilege to sell in the demised premises, 
newspapers, periodicals, magazines, books, stationery, ci­
gars, cigarettes, tobacco, confectionery, candy, popcorn, 
[fol. 12] peanuts, novelties, flowers, soda water, soft drinks, 
ice cream, and to sell such other articles and food stuffs 
in connection with the operation of the restaurant, lunch 
room, soda fountain, and news stand as are customarily 
sold in the regular course of business of restaurants, lunch 
rooms, soda fountains, and news stands. The prices charged 
by Lessee therefor shall be just and reasonable. No obscene, 
indecent, or other objectional publications, or photographs 
shall be offered for sale. Beer and wine shall not be sold 
on the leased premises.

7. Lessee agrees to discontinue the sale of any com­
modity that may be objectionable to the Lessor, and Lessee 
further agrees that it will obtain permission from Lessor 
to sell any commodity not usually sold or installed in a bus 
terminal concession before so doing.

8. As a basis for computing the rental due hereunder 
Lessee shall furnish to Lessor on or before the fifth day of 
each calendar month during the term hereof a full and 
complete, true and accurate statement showing the gross 
receipts of Lessee from the operation of the restaurant, 
lunch room, soda fountain, and news stand herein provided 
for during the preceding month.

9. Lessee agrees to pay to Lessor, at its office in the City 
of Richmond, Virginia, on or before the tenth day of each 
calendar month during the term hereof, as rental for the 
premises demised and leased herein, and as compensation 
for the right, permission, license, and privilege hereby 
granted, rental computed as follows:



12
(a) The sum of $30,000.00 annually for gross receipts of 

Lessee from sales of Lessee upon the leased premises up 
to and including the total annual sum of $275,000.00, which 
said rental shall be payable in advance at the rate of 
$2,500.00 per month, on or before the fifth day of each 
calendar month during the term hereof.

(b) For gross receipts of Lessee for sales made by Lessee 
upon said leased premises in excess of the sum of $275,000.00 
annually, Lessee shall pay unto Lessor the additional sum 
of twelve per cent (12%) of all gross receipts of Lessee in 
excess of said sum of $275,000.00, which said rental shall 
be due and payable by Lessee within ten (10) days from the 
end of each year during the term hereof. The statements 
[fob 13] furnished by Lessor by Lessee under the provi­
sions of paragraph 8 hereof shall be used in computing 
such additional rental that might be due by Lessee to Lessor 
at the end of each year of the term hereof.

The term “Gross Receipts”, as herein used shall not in­
clude the receipts by Lessee from the sale of tobacco prod­
ucts on the demised premises.

Lessee shall also deduct from said gross receipts all 
sales taxes and federal excise taxes in the manner pre­
scribed by law for the purpose of computing the rental due 
Lessor.

10. Lessee shall equip the restaurant, lunch room, soda 
fountain, and news stand at its own expense with the neces­
sary movable fixtures and furniture and fixed equipment, 
including counters, tables, chairs, kitchen equipment, soda 
fountain, news stand, stoves, refrigerators and any and 
all equipment which may be reasonably necessary or inci­
dent to the operation of a restaurant, lunch room, soda foun­
tain, or news stand. Such equipment, fixtures, and furni­
ture shall be maintained and kept in first class condition, 
good order and repair by Lessee at all times at Lessee’s 
own expense, and Lessee shall replace such equipment, fix­
tures and furniture with articles of the same kind and 
equally good when necessary in the opinion of Lessor. 
Lessee shall obtain the approval of Lessor as to the quality 
of all the equipment, fixtures and furniture, to be installed 
by Lessee upon the leased premises.



13

11. Lessee shall equip said restaurant, lunch room, soda 
fountain, and news stand at its own expense with the neces­
sary silver ware, china ware, glass ware, linen, kitchen 
utensils, or any and all articles necessary or used in con­
nection with any or all of the foregoing, and Lessee shall 
maintain such equipment in good order and repair at all 
times and shall renew the same when necessary.

12. All equipment, fixtures, and furniture to be installed 
by Lessee upon the demised premises shall be approved 
by Lessor in writing, as to the quality of any and all such 
equipment, fixtures, and furniture; and if at any time during 
the term hereof Lessee desires to change the location, man­
ner and means of installing any equipment necessary to 
connect with plumbing, heating, gas, or electric wiring 
facilities contained in said bus station Lessee shall obtain 
[fol. 14] prior approval in writing of Lessor before making 
any such change. Such changes, installations, and connec­
tions shall be at Lessee’s sole expense.

13. Lessee shall pay for all electric current and electric 
power used in connection with the demised premises (ex­
cept for overhead lights), shall pay for all gas used in 
connection with the operation of the restaurant, lunch 
room, soda fountain, and news stand by Lessee, and shall 
furnish at Lessee’s own expense such facilities and ap­
pliances as are used by Lessee for the heating of vmter in 
connection with the use of said leased and demised prem­
ises. In the event of the failure of Lessee to pay any or 
all of any such charges, Lessor at its option shall have 
the right to pay or advance the same in behalf of Lessee, 
and in such event such payments, or advancements made 
by Lessor in behalf of Lessee shall be chargeable to or 
added to the rental due hereunder by Lessee to Lessor.

14. Lessee shall at all times maintain said leased facili­
ties in good order, and at the expiration of the term hereof, 
or upon surrender of possession of said leased premises 
to Lessor by reason of default by Lessee, as herein pro­
vided for, the said leased premises will be surrendered to 
Lessor in the same condition as at commencement of the 
term hereof, ordinary wear and tear excepted.

15. Lessee shall and does hereby assume all risk of loss 
or injury to property or persons of all officers, agents and



14

employees or customers of said Lessee, or other persons 
coming upon the leased premises at the instance of or with 
the consent or knowledge of Lessee, and Lessee shall and 
does hereby agree to indemnify and save harmless Lessor 
from and for any and all claims, demands, suits, judgments, 
costs or expenses on account of such loss or injury. If suit 
be brought again Lessor upon any claim in respect of which 
under the terms hereof Lessor is entitled to protection and 
indemnity, Lessee, upon notice of such suit, shall assume 
the defense thereof.

Lessee covenants that it will carry public liability insur­
ance in a company or companies satisfactory to Lessor in 
an amount of not less than Twenty-live Thousand Dollars 
($25,000.00) to cover any or all of the foregoing, which 
insurance shall run in favor of Lessee and Lessor.
[fol. 15] 16. Lessee shall not, at any time of the term
hereof, make any alteration or addition in or to the leased 
premises without the prior written consent and approval of 
Lessor.

17. Lessee shall not assign or sublease the premises 
hereby leased, or any part thereof, or assign or transfer 
any right, permission, license or privilege hereby granted 
without first obtaining the written consent of the Lessor.

18. Lessee’s employees shall be neat and clean in ap­
pearance, and the operation of the restaurant and the 
said stands shall be in keeping with the character of service 
maintained in an up-to-date, modern bus terminal. Any 
employees not conducting themselves in keeping with the 
requirements of this service or found to be of unsatisfactory 
character shall be reported by the Lessor to the Lessee for 
correction and if same is not corrected within a reasonable 
time, the Lessor may request removal of or dismissal of 
such unsatisfactory employees. Neither the Lessee nor its 
employees shall be allowed to perform any terminal service 
other than that pertaining to the operations outlined in 
this contract; nor shall Lessee or its employees sell trans­
portation of any kind or give information pertaining to 
schedules, rates or transportation matters, but shall refer 
all such inquiries to the proper agents of Lessor.

19. Lessee shall maintain and operate the restaurant 
and lunch room in the demised premises in a manner so as



15

to keep a Grade A certificate therefor, and upon the failure 
of Lessee to so do, Lessor may terminate this lease in the 
manner described in paragraph 27 hereof; provided, how­
ever, that if and in the event the restaurant and lunch room 
in the demised premises shall receive a rating lower than 
a Grade A certificate through no fault of Lessee, because 
of conditions prevailing in said bus station, then the right 
of Lessor to terminate this agreement because of such rat­
ing shall not become effective until Lessor has corrected 
such conditions in the bus station premises that caused 
such low rating.

M utual  Covenants

The parties hereto severally covenant and agree with each 
other as follows:
[fol. 16] 20. This Agreement in every provision hereof
shall insure to the benefit of and be binding upon Lessor 
and Lessee, and their respective heirs, successors, and as­
signs. The words “Lessor” and “Lessee” wherever used 
herein shall include the heirs, successors, and assigns of the 
respective parties hereto.

21. In the event the station building in which the leased 
premises are located is rendered wholly untenatable by fire 
or otherwise, Lessor may at its option, either immediately 
cancel or terminate this lease, or else, to restore or rebuild 
within a reasonable time said bus station building includ­
ing the premises, leased hereunder, in the same condition 
at they were at the time of the commencement of the term 
hereof. In the event of such cancellation and termination 
of said lease by Lessor, the rental due by Lessee shall 
cease on and as of the date of such termination, and in 
the event the premises are rebuilt or restored, Lessee shall 
not pay rent to Lessor during such term as the premises 
are wholly untenantable.

22. Any notice to be given or required to be given to 
the Lessee under the terms hereof shall be deemed suffi­
cient if delivered or mailed to the agent of Lessee in charge 
of the demised premises, and any notice given or required 
to be given to Lessor shall be deemed sufficient if delivered 
or mailed to Lessor addressed to the General Manager, 
Trailways Bus Terminal, Inc., Richmond, Virginia.



16

23. Lessee shall pay any and all taxes of any kind or 
nature whatsoever, including license for privilege taxes, that 
are lawfully due and payable to any existing governmental 
body arising from or in connection with the business con­
ducted by Lessee on leased premises, or on the furniture, 
fixtures and equipment installed therein by Lessee.

24. Lessor shall operate said bus terminal in said bus 
station building in accordance with the rules and regulations 
of any lawful governmental agency having jurisdiction 
thereof; and it is understood by and between the parties 
hereto that this Agreement and all provisions herein con­
tained are subject to all valid rules and regulations of such 
regulatory authorities having jurisdiction thereof during 
the full term hereof. Lessee shall comply with all the ordi­
nances of the City of Richmond, and the laws of the United 
States and the State of Virginia in respect to the conduct 
of business of Lessee on the demised premises.
[fol. 17] 25. Lessee shall not make any sales on buses
operating in and out said bus station; but sales through 
the windows of said buses may be made by Lessee, pro­
vided, however, that Lessee shall cease making sales 
through windows of buses within thirty (30) days after 
receipt of notice in writing from Lessor to terminate such 
sales.

26. Lessee hereby grants to Lessor the right at any and 
all times hereof to examine the books, records, cash register 
accounts and vouchers of Lessee for the purpose of verify­
ing the accuracy of gross receipts of Lessee as are furnished 
to Lessor under the terms hereof. It is understood that 
such examination or audits shall be made by Lessor at least 
semi-annually during the term hereof.

27. If Lessee shall fail to pay to Lessor any sum pay­
able by Lessee hereunder on or before the date when the 
same shall become due, or shall fail to perform, or comply 
with any covenant or condition contained herein, and such 
default shall continue for a period of ten (10) days after 
notice in writing from Lessor to Lessee, then and in such 
event Lessor shall have and is hereby given, the right of 
its election to exclude Lessee from the use of the leased 
premises, and upon giving ten (10) days notice in writing



17

of such election to Lessee, all rights of Lessee to use the 
leased premises, and any and all other rights of Lessee 
hereunder shall then and there be terminated and Lessor 
shall have the right to enter upon the demised premises; 
but such termination shall not relieve Lessee from any lia­
bility that might have been accrued prior to the date of 
such termination.

28. Upon the termination of this Agreement, Lessee shall 
promptly surrender to the Lessor possession of the prem­
ises hereby leased, exclusive of stands, counters, soda foun­
tain, and other equipment furnished or installed by or at 
the expense of the Lessee, which are to be deemed the per­
sonal property of the Lessee and may be removed by him, 
provided Lessee is not in arrears in rent, and in the event 
Lessee is in arrears, then Lessor may sell so much of said 
personal property as is necessary to satisfy the claims for 
rent. Upon the termination of the Agreement, Lessee shall 
promptly remove all equipment, fixtures, and furniture in­
stalled by Lessee in the demised premises, at Lessee’s sole 
expense, and restore the premises to the same condition 
that they were at the commencement of the terms hereof, 
ordinary wear and tear excepted.
[fol. 18] 29. The term hereof shall be for the period of
five (5) years, beginning Dec 2, 1953, and ending Dec 2, 
1958; provided, however, that this lease shall be auto­
matically renewed for an additional term of five (5) years 
unless either party hereto shall notify the other party 
hereto, in writing at least ninety (90) days prior to the 
expiration date of the five-year term hereof, of the desire 
of such party to cancel and terminate this lease. In the 
event the leased premises described in paragraph 1 hereof 
are not completed and ready for occupancy by Dec 2, 1953, 
then and in such event the term hereof shall begin on and 
as of the date that said leased premises are completed 
and are ready for occupancy and shall continue for the full 
term of five (5) years thereafter.

I n  W itn ess  W h ereo f , th e  p a r tie s  h e re to  h av e  executed  
th is  in s tru m e n t on th e  d ay  an d  y e a r  f irs t  above w ritten .

T railways B us T erm inal, I n c .
By / s /  R . C. H o ffm an , J r.

President



18

A ttest  :
/ s /  R . B. S m all

Secretary
Bus T e r m in a l  R esta u ra n t  of 

R ic h m o n d , I n c .
By /s /  J. B ernard  P arker  

A ttest  : Pres.
/ s /  B ryce W agoner

Secretary
(A dd A ppr o pr ia te  A c k n o w l e d g m e n t s)

[fo l. 19] S tate  of N o rth  C arolina  
C o u n ty  of W a k e , To-wit:

I, Daisy A. Harris, a notary public in and for the City 
and State aforesaid do hereby certify that R. C. Hoffman, 
Jr., and R. B. Small, whose names are signed to the fore­
going writing bearing date on the 2nd day of December, 
1953, as President and Secretary of T railw ays B us  T er ­
m i n a l , I n c ., have acknowledged the same before me in my 
City aforesaid.

Given under my hand this 7th day of January, 1954.
My commission expires on the 29th day of April, 1955.

/ s /  D aisy  A. H arris 
Notary Public

S tate of  V ir g in ia  
C it y  of  N o r fo lk , To-wit:

I, G. A. Callahan, a notary public in and for the City and 
State aforesaid do hereby certify that J. Bernard Parker 
and Bryce Wagoner, whose names are signed to the fore­
going writing bearing date on the 2nd day of Dec. 1953, 
as President and Secretary of Bus T e r m in a l  R estaurant  
of R ic h m o n d , I n c . have acknowledged the same before me 
in my City aforesaid.

Given under my hand this 19th day of December, 1953.
My commission expires on the 13th day of May, 1957.

/s /  G. A. C allahan  
Notary Public



19

[fol. 20]
A ttach m ent  to S tipulation

V ir g in ia :

I n t h e  P olice C ourt of t h e  C ity  of R ichm ond

C ity  of R ichm ond

v.
B ruce B oynton

TRIAL PROCEEDINGS

January 6, 1959.
10:15 a. m.

Before Honorable Harold Maurice, Judge 

A ppea ra n ces:

Charles E. Maurice, Assistant Commonwealth’s Attor­
ney, For the City of Richmond.

Hill, Martin, and Olphin, Counsel for Defendant, By 
Martin A. Martin.

Also present:
Walter E. Rogers, For the Bus Terminal Restaurant 

Company, Incorporated.

[fo l. 21] P r o c e e d i n g s

Mr. Rogers: Your Honor, I represent the Richmond Bus 
Terminal Restaurant and am appearing with the Common­
wealth’s Attorney.

The Court: Bruce Boynton, on the 20th day of December, 
did trespass upon the premises at the Trailways Bus Ter­
minal, Ninth and Broad Streets. What is his plea?

Mr. Martin: Not guilty.



E vidence A dduced in  B eh a lf  of th e  C ity

S tanley S ylvanius B u s h , having been sworn, in behalf 
of the City testified as follows:

Direct examination.

By Mr. Rogers:
Q. Mr. Bush, you are the Assistant Manager of the Bus 

Terminal Restaurant in Richmond, Incorporated, are you 
not!

A. Yes, sir.
Q. That is located at the Trailways Bus Terminal here 

at Ninth and Broad?
A. That’s right, sir.
Mr. Martin: Pardon me a minute. I wonder if we could 

get his full name and address for the record.

[fol. 22] By Mr. Rogers:
Q. Will you state your full name and address ?
A. My name is Stanley Sylvanius Rush. I  live at 2200 

Mimosa Street, Richmond, Virginia.
Q. And you are Assistant Manager of the Richmond Bus 

Terminal Restaurant in Richmond?
A. I am.
Q. That company leases space in the building there at 

Ninth and Broad for the purpose of operating a restaurant, 
does it not?

A. Yes, sir.
Q. The company that operates the restaurant is not 

affiliated in any way with the bus company, is it?
A. No, sir, it is not.
Q. The bus company has no control over the operation 

of the restaurant?
A. None whatsoever.
Q. What facilities do you have at the restaurant for 

serving both white and colored, Mr. Rush?
A. We have a restaurant on one side for colored; we 

have one restaurant for the white.



21

Q. Were yon on duty on December 22, when the defendant 
Bruce Boynton came into the white portion of the restau­
rant and asked to be served!

A. Yes, 1 was.
[fob 23] Q. Will you tell the Court what happened!

A. When he came in he seated himself in the white 
section. He was asked to leave and go over. I explained 
to him that they had a restaurant on the other side for 
the colored and we would appreciate it if he would go over 
there, at which time he demanded service there. I went to 
him then and talked to him and tried to explain to him the 
situation, at which time he refused to leave, demanded 
service.

I then called the officer to come over and see if he could 
get him to leave, that he was causing a disturbance there, 
which the officer could, he went out and tried to explain 
to him the situation and came back and told me—asked 
me if I wanted a warrant for this man’s arrest and I told 
him I  would rather not, if he would stay out of the place 
that that would be all that was necessary, which I looked 
up and he had returned to the restaurant and seated himself 
again. After seating, he got up and came forward towards 
the end of the counter, which is part of the aisleway behind 
the counter section, at which time I asked the officer to 
call the magistrate, that I would issue a warrant for his 
arrest for trespassing.

Q. You definitely asked him and instructed him to leave 
the white portion of the restaurant and advised him he 
could be served in the colored portion!

A. I did.
[fol. 24] Q. And he returned after you had instructed him 
that he could not be served in the white section!

A. Yes, sir, he did.
Mr. Rogers: That is all.

Cross examination.

By Mr. Martin:
Q. Mr. Rush, I just want to be clear on this. You say 

you are Assistant Manager of what!
A. Bus Terminal Restaurant Company.



22

Q. Company, Incorporated?
A. That’s right.
Q. A Virginia corporation!
A. Yes, sir.
Q. You are the Assistant Manager?
A. I am Assistant Manager.
Q. What first called your attention to this young mail 

here being in the restaurant? Did one of the waitresses 
call your attention to the fact?

A. I had seen him in there. At the time I was busy and 
couldn’t get to him myself to explain the situation, which 
everyone has been instructed to always—

Q. Just a minute. I am not asking about your instruc­
tions. Who first called your attention to him being in the 
restaurant?
[fol. 25] A. I saw him myself.

Q. Did a waitress later call your attention to the fact?
A. Yes.
Q. You say you have two restaurants there, one cus­

tomarily used for colored people and one 'white?
A. That’s right.
Q. What is the approximate size of the colored restau­

rant ?
A. I believe the seating capacity is that of about fifty.
Q. What is the area space ?
A. I don’t know that right offhand. I can give you that.
Q. About twenty-five or thirty feet?
A. No, it is more than that.
Q. This happened on a Saturday night, I believe, Decem­

ber 22?
A. Yes, sir.
Q. About what time ?
A. Approximately ten-thirty.
Q. Colored restaurant was crowded at that time?
A. No. We had customers in there, but there was seating 

capacity.
Q. What is the seating capacity of the white restaurant? 

[fol. 26] A. That, I don’t know exactly either, I would 
have to look that up.

Q. You have tables and stools at the counter in the white 
restaurant ?

A. Yes, sir.



23

Q. Where was this defendant seated, at the table or stool?
A. At a stool.
Q. He was seated at a stool at the counter?
A. Yes, sir.
Q. When this waitress complained, didn’t she tell you 

that he was asking for a sandwich and cup of tea?
A. She didn’t tell me what he was asking for.
Q. But he was asking for service?
A. Yes, sir.
Q. You knew that he was a passenger on the Trailways 

bus?
A. At that time, no.
Q. You didn’t ?
A. No.
Q. Before he was arrested, you knew he was a passenger 

on the bus, didn’t you?
A. But I said at that time.
Q. Didn’t he show you a ticket? Didn’t he tell you that 

[fol. 27] he was a passenger on the Trailways bus from 
Washington going to Montgomery, Alabama?

A. After I had sent to the magistrate for his arrest, 
then his ticket was produced.

Q. And you knew at the time the magistrate came and 
you issued the warrant that he was a passenger on this bus 
going from Washington to Montgomery, Alabama?

A. I said until the magistrate issued the warrant was the 
ticket then produced.

Q. Did he do anything else besides ask for service there 
at the restaurant and just remain there when he was asked 
to leave ?

A. No, he got up and walked up and down the aisle de­
manding service from the waitress and telling her that she 
had better talk to me and have service right there or else 
he was going to do this, that, and the other.

Q. Your restaurant is primarily or partly for the service 
of the passengers on the Trailways bus ?

A. For the white on that side, colored on the other.
Q. It is for passengers on the bus, for white passengers ?
A. Not necessarily, no. We have quite a bit of business 

here from local people.



24

Q. If he had been a white person, would you have refused 
[fol. 28] him service, if he had been a white passenger on a 
Trailways bus at that time, that particular time, would 
you have refused him service?

A. Walking up and down the aisle, demanding service 
immediately, I probably would have.

Q. When he was setting at the stool at the counter ask­
ing for a sandwich, if he had been a white person would 
you have given him service ?

Mr. Rogers: If Your Honor please, this seems to be 
going afield. The testimony indicates that the restaurant 
is operated entirely separate from the bus terminal and he 
was asked to leave.

The Court: He can ask the question, but I do not think 
it is going to be anything to connect the bus company up 
with the restaurant. Go ahead.

Mr. Martin: Will you answer that question ?
A. If he had been—

By Mr. Martin:
Q. If he had been a white person seated at the counter 

on a stool, would you have instructed the waitress to give 
him service?

A. I said no, not necessarily.
Q. Why?

[fol. 29] A. If any passenger or any person comes in and 
starts creating a disturbance, we immediately ask them to 
leave.

Q. Mr. Rush, I did not ask you that question. Can’t you 
answer the question that I asked you? I asked if he was 
a white passenger seated at the stool, as you said he was 
seated at the counter, and asked for service, would you have 
given him service?

A. I said no, not necessarily.
Q. Why not?
A. Anyone that creates a disturbance I would have asked 

him to leave, which he was doing at that time when he 
started that. That is when he returned the second time 
is when I got the warrant, not the first time.



25

Q. Why didn’t yon get a warrant charging him with 
creating a disturbance if he was creating a disturbance ?

A. Because I only wanted trespassing.
Q. Why?
A. Because I had asked him to leave and he refused to 

leave.
Q. So the only crime you know that he was guilty of was 

trespassing?
A. That is what I took the warrant for.
Q. When this waitress came to you and told you that 

he was over there, didn’t she tell you that he was asking 
[fol. 30] to be served?

A. Yes.
Q. And she refused to serve him?
A. Yes.
Q. Because of his race?
A. She refused to serve him because we have a restaurant 

on the other side, which she tried to explain to him.
Mr. Martin: That is all.
Mr. Rogers: No questions.

R ussell F orest S tout, having been sworn in behalf of 
the City, testified as follows:

Direct examination.

By Mr. Rogers:
Q. You are the officer that made this arrest?
The Court: Let him state his name and occupation. 
The Witness: Russell Forest Stout; patrolman, Rich­

mond Police.

By Mr. Rogers:
Q. Officer Stout, you were on duty at the restaurant, at 

the Bus Terminal, at the time of this occurrence ?
A. Yes, sir.

[fol. 31] Q. You are familiar with what took place ?
A. Yes, sir.



26

Q. Is it substantially as related by Mr. Rush.?
A. Yes, sir.
Mr. Rogers: No questions.

Cross examination.

By Mr. Martin:
Q. Did you see any disorderly conduct?
A. Not too much. He was disturbing the peace some. 
Q. But just by being in there, a colored person in a white 

restaurant?
A. Not necessarily that. He was raising his voice a cer­

tain amount.
Q. There was no profane language nor cursing or any­

thing ?
A. No, I didn’t hear any.
Q. No fighting or fussing?
A. No.

Redirect examination.

By Mr. Rogers:
Q. Was the waitress around when he was demanding 

service in the restaurant?
[fol. 32] A. I wasn’t in there. He was standing up. Mr. 
Rush told me that he had.

Recross examination.

By Mr. Martin:
Q. And you arrested him and put him in the patrol wagon 

and took him to the station?
A. On the warrant.
Mr. Martin: Any other witness ?
Mr. Rogers: No.



27

E vidence A dduced in  B eh a lf  of D efendant

B ruce B oynton , th e  d e fen d an t, w as sw orn , an d  in  h is  own 
b eh a lf  te s tified  as fo llo w s :

Direct examination.

By Mr. Martin:
Q. Will you state to the Court your name and your home 

address?
A. If it please the Court, my name is Bruce Boynton, and 

my home is address is 1315 Lapsley Street, Selma, Ala­
bama.

Q. Are you at the present time attending school?
[fol. 33] A. Yes, sir, I am.

Q. Where?
A. I am a third-year student at Howard University, 

at law school.
Q. On this particular occasion, were you traveling from 

Washington, D. C., at school to your home in Selma, Ala­
bama?

A. Yes, sir. I was traveling from Washington, D. C.
Q. Just answer the question. Were you traveling from 

Washington, D. C., to your home in Selma, Alabama?
A. Yes, sir.
Q. By Trailways bus ?
A. Yes, by Trailway to Montgomery.
Q. Did you have a ticket entitling you to travel by Trail­

way bus from Washington to Montgomery, Alabama?
A. Yes, sir, I did.
Q. Is that a stub of that ticket (exhibiting) ?
A. That is the stub.
Mr. Martin: If Your Honor please, I offer this in evi­

dence.
(The ticket stub was exhibited and retained by counsel 

for the defendant.)
Q. What time did you board the Trailway bus in Wash- 

[fol. 34] ington?
A. I boarded the Trailways bus at eight o’clock.



28

Q. What time did you arrive in Richmond?
A. About 10:40.
Q. Why did you get oft the bus in Richmond?
A. I got oft the bus in Richmond because I was hungry 

and we had a stopover of about forty minutes.
Q. Who told you about the stopover?
A. The bus driver, when he pulled the bus up to the stop 

at the terminal.
Q. At the time, did you know anybody in Richmond?
A. No, no one except a couple of students, classmates of 

mine.
Q. And the bus driver told you you had about a forty- 

minute layover and you went in the bus station for what 
purpose?

A. To get something to eat.
Q. Did you see the colored restaurant there?
A. Yes, sir, I did.
Q. What was the condition ?
A. The colored restaurant appeared to be crowded and 

I proceeded to the other restaurant.
Q. Was that other restaurant crowded?
A. No, it wasn’t.
Q. There are stools at the counter?

[fol. 35] A. Yes, sir.
Q. Vacant stools?
A. Vacant.
Q. Where did you sit?
A. I took one of the vacant stools at the counter.
Q. What did you say? Just tell the Court what hap­

pened.
A. Well, at the time that I sat down the waitress—one 

of the waitresses on duty came up to me and asked me to 
go over on the other side, that they had facilities over 
there. I told the waitress that the facilities over there were 
a bit crowded and also that I was an interstate passenger 
and that I could eat there at that restaurant. She told me 
that she had orders and it was customary not to serve me.

Whereupon I explained to her again that I was an inter­
state passenger and that I had a bus to catch in about 
thirty minutes, thirty or forty minutes, and that I would 
like something that wouldn’t take too long to prepare.



29

Whereupon she suggested that I purchase a prepared sand­
wich, sandwich that was already made. I believe they had 
some several lined up to the counter there. So I ordered 
one of the sandwiches and tea with cream. She didn’t 
write the order, but she went away and then came back 
and said that she couldn’t serve me, she had orders not 
to serve me. Whereupon, I asked her to get someone who 
[fol. 36] could since she had orders not to and that I was 
an interstate passenger. She went away and Mr. Rush 
here appeared and told me that I couldn’t be served and 
suggested that I go over on the other side.

At that time I pulled out my ticket, showed it to him, 
explained what that passenger was, and he asked me to 
move. He made a demand for me to move and I refused.

He went away and I sat there. The next thing that hap­
pened was that Officer 198 appeared and told me that I was 
under arrest. I explained to him that I was an interstate 
passenger also and he conferred, I believe, with Officer 66, 
who I later went into the custody of this officer, and they 
wrote out a warrant and I proceeded on the bus in the 
custody of Officer 198 and took my things off and disem­
barked from the bus.

Q. You were placed in a patrol wagon ?
A. That is right.
Q. During this entire time, was any profane language 

used, any loud words, curse words, or any disorderly con­
duct?

A. No. I just emphatically, I suppose, expressed my 
point of view as being an interstate passenger, but not loud, 
not boisterous, and I remained sitting.

Q. Did you know any other place? Have you ever been 
in Richmond before?
[fol. 37] A. Not for a stop. I have passed through.

Q. Did you know any other place where you could get 
anything to eat within thirty or forty minutes ?

A. No, I didn’t.
Q. You say the colored restaurant was crowded at that 

time?
A. That is right.
Q. And the only thing you did, as I understand, was you 

saw the colored restaurant crowded, you went in the white



30

restaurant and sat at the stool and demanded service as a 
passenger on the Trailway bus!

A. That is right.
Q. They refused to serve you and ultimately you wound 

up being arrested f
A. Yes, sir.
Mr. Martin: That is all.

Cross examination.

By Mr. Rogers:
Q. To clear the record, both the management and the 

officer asked you to leave the white portion and advised 
you that you could be served in the colored portion of the 
restaurant?

A. He did make a demand that I leave.
Mr. Rogers : That is all.

[fol. 38] The Court: That is all of the case ?
Mr. Martin: Yes, sir.
The Court: Find him guilty and fine him $10.00.
Mr. Martin: Rote an appeal, sir.
(Whereupon, at 10:34 a. m., the trial was concluded.)

[fol. 39]
In THE H ustings Court op t h e  City  of R ichm ond  

Appeal.

COM M ONW EAUTH

VS

B ruce B oyington, D ft.

J udgment— February 20, 1959
The said defendant this day again appeared and was 

set to the bar in the custody of the Sergeant of this City and 
after maturely considering the evidence doth find the said 
defendant guilty as charged and doth assess his fine at ten 
dollars.



31

Whereupon it is considered by the Court that the said 
Bruce Boyington pay and satisfy a fine of ten dollars and 
costs. And on his motion the execution of the said sentence 
is suspended during his good behavior until March 6, 1959.

[fol. 40]
I n  th e  H ustings Court of t h e  C ity  of R ichmond  

[Title omitted]

Order Overruling  M otion to D ism iss  W arrant and 
S uspend in g  E xecution  of S en ten ce—March 6, 1959

The said defendant this day again appeared and was set 
to the bar in the custody of the Sergeant of this City and 
having been found guilty of unlawful trespass, as entered 
herein February 20, and execution of said sentence sus­
pended to this day and the said defendant this day having 
filed his motion in writing to dismiss the warrant in this 
case, which motion was also made at the trial of this case 
February 20, 1959 and overruled by the Court, which mo­
tion the Court doth again overrule and to which action of 
the Court in overruling his said motion the said defendant 
notes an exception and time is given him not exceeding 
sixty days in which to present his bills of exceptions.

Thereupon the said defendant moved the Court to sus­
pend the execution of the sentence to allow him to appeal 
to the Supreme Court of Appeals of Virginia, which motion 
the Court doth grant and the execution of the said sen­
tence entered herein February 20, 1959, is this day sus­
pended to May 26, 1959. And thereupon the said defendant 
entered into a recognizance in the sum of three hundred 
dollars with Roberta B. Shores, as surety, conditioned that 
if the said Bruce Boyington shall make his appearance 
before this Court May 26, 1959, to abide by and perform 
the judgment entered against him herein February 20, 
1959, in the event the Supreme Court of Appeals should 
affirm same or refuse to grant a writ of error, or if same be 
granted it be afterwards dismissed, and in the meantime 
keep the peace and be of good behavior and not violate any 
of the laws of this Commonwealth, then the said recog­
nizance to become null and void, else to remain in full force 
and virtue. And thereupon the said defendant is released.



32

[fol. 41]
I n  t h e  H ustings Court of t h e  C ity  of R ichm ond  

[Title omitted]

Order R e T ranscript-—A pril 8, 1959

The transcript of the evidence adduced, the objections 
to evidence and other incidents in the trial was this day 
signed and sealed by the Court and delivered to the Clerk 
of this Court and hereby made a part of the record in this 
case.

[fol. 42]
Certification  to T ranscript O mitted  in  P r in tin g

[fol. 43]
I n t h e  S u prem e  Court of A ppeals of th e  

C om m onw ealth  of V irginia

Order R efu sin g  W rit of E rror—June 19, 1959
The petition of Bruce Boynton for a writ of error and 

supersedeas to a judgment rendered by the Hustings Court 
of the City of Richmond on the 20th day of February, 1959, 
in a prosecution by the Commonwealth against Bruce 
Boyington, alias Bruce Boynton, for a misdemeanor, hav­
ing been maturely considered and a transcript of the record 
of the judgment aforesaid seen and inspected, the court 
being of opinion that the said judgment is plainly right, 
doth reject said petition and refuse said writ of error and 
supersedeas, the effect of which is to affirm the judgment 
of the said Hustings Court.



33

[fol. 44]
I n t h e  S u prem e  Court op A ppeals oe th e  

C om m onw ealth  op V irginia

[Title omitted]

Order S taying E xecution  and E nforcem ent  of J udgment
—July 24,1959

On consideration of the petition of Bruce Boynton, by 
counsel, for a stay of execution herein, in order that he 
may have reasonable time and opportunity to present to 
the Supreme Court of the United States a petition for a 
writ of certiorari to review the judgment of this court, 
It Is Now Ordered that the execution and enforcement of 
the judgment of this court in the above-entitled case entered 
on June 19, 1959, be, and the same is hereby, stayed until 
the 17th day of September, 1959, on the expiration of which 
time the same may be enforced, unless the case has before 
that time been docketed in the Supreme Court of the 
United States, in which event enforcement thereof shall be 
stayed until the final determination of the case by that 
court.

The above stay, however, is not to discharge the petitioner 
from custody, if in custody, or to release his bond if out on 
bail.

Willis D. Miller, Justice of the Supreme Court of 
Appeals of Virginia.

[fol. 45] Clerk’s Certificate to foregoing transcript (omit­
ted in printing).



34

[fol. 46]
S u prem e  C ourt oe th e  U nited  S tates 

No. 409, October Term, 1959

B ruce B oynton , Petitioner,
vs.

V irg in ia .

Order A llow ing  Certiorari— February 23, 1960
The petition herein for a writ of certiorari to the Supreme 

Court of Appeals of the Commonwealth of Virginia is 
granted.

And it is further ordered that the duly certified copy of 
the transcript of the proceedings below which accompanied 
the petition shall be treated as though filed in response to 
such writ.



SUITE 1790
10 COLUMBUS CIRCE 

O' / YORK 19,N.Y.