Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-13

CLAIM THAT THREE SHOTS WERE FIRED AND
THAT THE OFFICER cLuBBEp HIM WHILE ME
WAS DYING.
In the Criminal Court before Judge Mont
gomery the trinl Of Officer Mellen for man.
slaughter in killing Chas. Lomsx in December
last was continued after The STAR's report
closed and testimony was offered as follows:
MRS. LoMAx's TESTIMONY.
The first witness was Martha Lomax, the
mother, who testified that Frank Plummer and
her son had been at work. When he returned
he spoke Of the excitement on the street and
then she went out and came back to the house.
The officer CMellen) was at the fence and her
son was in the house. He asked who had
run in there and she looked in the house to see
who went in and saw. her son. Mellen
pointed his pistol and she answered her son was
there, but no one had done anything He re-
Piled that an officer had been shot and he would
shoot the one who did it and shoot her il she
ord not get out Of the way. He then fired into
the door, which was partly open. and he rushed
right in and she followed. Her son was stand
ing by the foot OF the bed. She told him not 10
kill the boy, for he had done nothing. He could
arrest him, but he had done nothing. He re-
piled: IAN officer has boon shot and you did it,
Ito the boy). you're a liar" Ito herr. and
leveled the pistol The boy said he had done
nothing. and he jerked away from her (she hav-
ing hold Of him). and he (Mellen) fired and her
son fell back against the boxes. The officer went
up and fired some more (two or three times).
She exclaimed, ''Please don't" and the officer
dubbed the boy three times when he was dying
She saw her son draw his pistol when the officer
made for him and her sons pistol went of. bu.
It was not pointed at the officer. Ii was after
the officer pointed his pistol. Mellen then
mil I'd &hn a. Ia Ill -xr.- Il n
threatened her. She told him to get out the
door, using q cuss word. for she wanted to get
to her dying son and she picked up something
to hit him. Mellen said, Let her come and
I'll kill her dead" and then she was persuaded
to go to neighbours.
Some time after two bullets were found
in the room. Witness identified her sons hat. a
black derby. with the crown knocked in and a
break on the rim.
On cross-examination BY Judge Wilson Mrs
Lomax said her son on coming home said sew
eral persons had been arrested and were in the
patrol. After her son went out she followed
but returned when she heard pistol shot.
HARRIET TAYLOR.
Harriet Taylor testified that she lived next to
Mrs. Lomax; that on the night of the shooting
she heard q scream and ran out into Lomax's
yard saw Charley in the door and his mother
In the yard; saw the officer running down the
alley, and he passed the gate. but came back
when he saw Charley in the door. Charley got
back and closed the door as soon as the officer
turned back. Officer Mellen ran into the gate
and fired as soon as he reached the door: Mrs
Lomax was in the yard; did not hear the officer
say anything: the door was closed and the
mother got hold Of the officer begging him not
to kill her child, but arrest him and he would
go with him, and they got into the house
Witness saw through the window the officer
fire (there were three shots). and at the third
shot Charley fell and Mellen then dubbed the
boy. The officer went and blew his whistle.
On cross-examination witness said it was
Lucinda Strivers' scream which brought her
out. and witness talked with deceased. who was
asking what was the matter with the people,
and the officer came up and he went 10 the
door and shot. He (Mellen) fired three shots
in the house. Charley was doing nothing but
had his hands down at the foot of the bed and
Mellen struck him three ticks with the billy
and witness left. Mellen did not go up after
Charley had fallen and fire three more shots
Did not see Charley with pistol. The officer
gave the deceased horizontal blows, not per-
pendicular.
LUCINDA sTRIvERs.
Lucinda Strivers testified that she lived in an
alley near Wilson street, opposite Lomax's, at
the time and heard running and a man fired and
she screamed. because she was afraid. and she
stood there till they said the boy was dead: saw
the officer run past the Lomax gate and run
back into Lomsxs gate. When witness Lailooed
Charley opened the door and stood at it. When
Mellen ran into the yard he grabbed at Charley.
who shut the door. and the officer fired Be-
fore he fired Mrs. Lomax begged him no. to
shoot, but he said some one had shot an officer
and he would ''shoot some one tonight" Then
the door was closed and she heard the mother
begging the officer not to shoot, but arrest the
boy, and he replied that if she did not go away
he would blow her brains out, and she heard
three shots in the house.
RoDELLA PAGE.
On resuming the trial today the government
called Rodella Page, who testified that she was
under arrest by Mellen for asking about her
husband being arrested; that she was thrown
down and some one fired pistol The officers
let 60 of her and RIM back. She did not know
where her boy was that evening.
On cross-examination witness said one Of the
officers said he was shot and both ran off after
a crowd. George Page was her son and he died
a few days ago.
JULIA LoMAx.
Julia Lomax, grandmother of the deceased.
testified that she was at the gate when the
officer rushed in. Charley was in the house
and his mother was in the yard. He asked who
came in here and Charley's mother said that he
had come In from work. He said one of his
lich hou ocSh cuot anu ne WOulu euOOt any one
implicated. Mellen went to the door and shot
in and went in, followed by Charley's mother.
Heard Charley say, 'What do you come after me
for? I've done nothing and YOU have no war
rant, and his mother begged the officer not to
shoot him. but he shot three times. He drove
Martha out, marching her out with the pistol
saying, go out of here, I'll kill you" After
Charley was buried she found two balls in the
floor.
On cross-examination Mrs. Lomax said
Charley had run in and in hurry. just before
the officer came in and he Charley shut the
door.
HATTIE FRY.
Hattie Fry, girl Of perhaps sixteen, testified
that deceased was her first cousin; that she was
in Mrs. L. q house before the shooting when
Charley came in. 1t was after O'Clock and he
remained but two minutes when he went out to
see the excitement, and she went with him to
the corner OF Wilson street, and Charley went
to Mrs Pages house and came back to the cor
ner Of the alley, and they walked back to his
house, Charley going over the field She was
in Plummer's house when che heard three pis-
tol shots fired. The patrol wagon was leaving
when she and Charley left the house.
More Pigeons to Fly.
Louis A. Schmid, 1888 sth street northwest,
has for liberation one large basket Of homing
pigeons, the property Of the Mcssrs. II. G.
Thurston and Fred Bowers of FAN River, Mass,
air line distance about s65 miles. They will be