The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-09
Surrey IS HELD LIABLE.
TO BE PLACED ON TRIAL FOR
wOUxDING NEwsBOY MAY.
Merchant Patrolman Bound to the
Superior Court to Answer .
Charge Of Assault With . Deadly

Officer Henry Surrey was bound over to
the superior court yesterday by Justice
Frank r. Ingersoll to answer the charge
Of assault with a deadly weapon upon a
newsboy. Edwin May. on October Z last.
Bonds were fixed at sl.00o.
Surrey, in attempting 10 arrest Edwin
May and three other boys who carry news
paper routes for the morning and evening
papers. discharged his revolver for the
The bullet hit May In the upper part OF the
right leg. passing entirely through the
limb.
Surveys defense, when put on prelimi-
nary trial before Justice Ingersoli yester-
day, was that ne fired at the ground and
not at the boy, and that the bullet must
have hit the boy after striking the ground
and glancing upward. Justice Ingersoll
held tina, there was net sufficient evidence
TO show justification Of the shooting.
During the course Of the trial very
stubborn youth and very pugnacious at
torney came into conflict and made pro-
ceedings interesting. The stubborn boy
was the prosecuting witness. Edwin May.
He Is a youth of Il. who. when he says a
thing, desires 10 stick to IL and don't like
TO be badgered. The pugnacious attorney
was William. Parmerlee. who went after
the boy by cheek and jowl, and gave both
himself and the boy an uncomfortable half
hour
Mays story was that he and the boys
with him were In pursuit OF man who
had attempted indecenc.es, and thai they
intended to deliver him, when captured.
10 Officer Grant. While they were In
pursuit Officer Surrey suddenly came upon
May with drawn revolver in his hand.
May ran, aud, while running. was shot.
The officers story was that he and sew
eral of his associates had been spotting
a III
the evening Of the shooting. In the belief
that they were up. to some mischief. When
the officers started after them the moys
went over fence into vacant lot. and
for several minutes set the officers lively
pace. May got good handicap over Sur
rey, and kept increasing his lead unt.l Sur
rey. after calling several times to the boy
20 stop, fired
May and the boys declared that Surrey
did not a. any time cali upon May to stop,
but shot him without warning. They also
had IT IN for the news kids One of the
boys, Fred Guilford. testified that he had
said TO Officer Surrey:
"Whas would you have done IL you had
One of the officers answered: 'Tt wouldn't
be much OF loss II had"
Otto Dorhoraw subsequently testified that
I was Officer Surrey who made this re-
mark;
tive in refuting this alleged statement on
the part of Surrey.
Attorney Parmerlee at one point asked
Eddie May why the boys intended to give
up their prospective prisoner to Officer
Grant instead OF notifying Officer Bvrnes.
who was easily within call. to make the
capture for them. May AT first held back
his answer but finally blurted out:
Because Byrnes amt got no use for the
news kids"
Officers Bvrnes and Leighton testified in
support Of Mr.. Surrey, corroborating his
story In almost every respect. and refuting
the statements OF the newsboys
Prosecuting Attorney John r. Hart
waived argument until after counsel for
the defense had made his plea. The lat
ter. Mr.. Parmeriee. was very impa ssoned
and determined. Mr. Hart was quiet and
forceful. Judge Ingersoli ruled that the
defendant must he bound over, IL only on
the basis Of his own testimony.