Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-17
WERE NOT POSITIVE.
WITNESSES UNABLE TO IDENTIFY
ALLEGED uuRDERERs OF AUSTIN.
FAITH OF THE POLICE NOT SHAKEN,
Captain Angle Has AccumuiatinS
Evidence to Connect the Men Under
Arrest with the Crime-An Arrest
In Washington.

Friday morning, are the murderers OF
Policeman Robert ID. Austin, the proof
that they had hoped 70 introduce In the
Police Court yesterday was not forth
coming. Miss Stuart and Mr.. Atkinson,
the two Witnesses to the shooting, who
so positively identified the negroes in the
Second Police Station Friday evening, re-
fused 10 swear to their identity yester-
day.
Captain Angle is. however, still conf
dent that the men will prove 10 be the
murderers. and this confidence he bases
upon the statement Of two gentlemen
who saw the prisoners yesterday. one
Of ,he gentlemen declares most positively
that Boud and Dumas are the same
negroes who passed the toll gates on the
Nechanicsville pike on Monday, as pub
ushed Tuesday. and the other Identifies
them both a. men who passed him on
the corner OF Fifth and Marshall streets
Immediately after the shooting
Il would therefore appear that the men
may, after all, prove to be those wanted
but nothing Of very tangible nature to
connect them with the crime can be Sc
cured untu Detective Gibson and officer
Amos who went TO Norfolk yesterday
morning. TO investigate the story they
Told about their stay in that city. eau
be heard from. They were still IN Nor
folk al late hour last night, supposedly
investigating the case, and up 10 mid
night nothing had been heard from them.
Boud and Dumas are now in the city
Jail. having been committed there yes
terday 10 await an examination In the
Police Court next Thursday morning. II
al that time there is any evidence on
which to hold them. they will be investi-
gated by q special grand jury, and II IN
| dicted. will be- tried forthwith for the
murder OF Mr.. Austin. with which they
now stand charged.
IN THE POLICE COURT.
The men were taken to the Police Court
| Yesterday morning 10 be examined, ana
| there IL was that the two most I'M
| portant witnesses. Miss Stuart and Mr.
| Atkinson. Withdrew their positive state
! meuts of Identification. The fact that
! the men would be in the Police Cour'
| having been given prominence In the
| newspapers was sufficient 20 draw al
immense crowd 10 the white chamber
and though no hostile demonstration was
made toward the men, the crowd Wa'
| anxious TO get a peep at them, and th'
| police had their hands full IN Keeping
| them back.
At the instance Of Justice Crutchdeld
| officer Werner, who assisted in the ar
rest OF the two negroes, swore out q
| warrant charging them with the murdel
| of Mr.. Austin. and this charge they were
brought before the bar 10 answer. Th'
men were apparently unmoyed when th'
! warrant was read to them and durini
the entire time they We're in the court
| room they maintained u Sullen demea
nor.
| PARTIALLY IDENTIFIED.
Several people who had seen the fleeing
| murderers just after the shooting in
| spected the prisoners, and Of them Mr.
| Philip Neiss, of the ambulance corps
! was positive that the yellow boy was tn
! same one he had seen running out Fifti
| street early Monday morning. T. ID
Lucas. an old negro man. identified Bou,
as the man who had attempted 10 hole
| him up on the corner OF Laurel anS
| Broad streets Sunday night.
| The FIRST witness examined was W. r
Evans. the boy who witnessed the mur
der in it's entirety. He did not see th
faces Of the men during the fracas, bu
was almost sure that the prisoners wer
the men who had committed the deed
lie would not swear 10 their identity
however.
Miss Stuart also declined 70 swear posi-
| tivoly to their Identity She stated tha
she was awakened by the shooting an
ran TO her window. Just as she reache
the easement and opened the shutters m
| second firing began. and she turned bach
but almost Immediately looked out again
when she saw that the policeman ma
fallen. but was scrambling TO his Zee
and attempting 10 draw his pistol. a
he arose he drew his pistol and SCENE
10 fire at the black man who was dress
ed in black coat and black slouch ha
and was low and stocky in build. Tn
black man ran out Fifth street directl
under her window. and the yellow on
in his shirt sleeves and no hat ran dag,
nally across the street
WATCHED THEM RUN.
She watched the two men running u
the street; the yellow man turned In q
Marshall and the black one continued on
Fifth until he disappeared in the di
| tauce. The black man was very clos
~ her window. She called another sad
who slept I'm an adjoining room, and tf
two stood at the window as long as u
fugltives remained in sight.
! The prisoner was the same color, siz
and build as the man she saw runnir
| away l1SI AlOLu0N lllNl mus bAA 'Ai' NpN
NOT positively identify their faces.
"Can YOU swear positively whether the
] are the men?" asked the Commonwealth
Attorney.
. "From their size they seem 20 be vel
! much like the men. That's as far as
can go" replied Miss Stuart.
The prisoner was told 10 take his Goa
= hat and vest off, but even then she ";
5 unable 10 swear that he was the rig
man.
room adjoining Miss Stuarts, could
= | no way identify the men, Tor they M
reached Marshall street when she got
, the window.
81 wouldn't know them II l saw the
again" she said.
MR.. ATKINSON'S TESTIMONY.
Mr.. ". W. Atkinson, who had be-
I unite positive IN his Identification the pr
: yious evening, was next called.
, lie ran TO mis- window at the sound
the shooting, but as his home sat son
= feet back from the pavement, he cou
: | NOT sea the corner. While standing thei
r however. he cav a mulatto run down Z
street diagonally across from his hous
, He paused I'm front OF Mrs. Pyle
. Mace and looked back, and either thre
I something back or beckoned 10 some OF
> He saw his full face for a moment, bei0
= he continued in his course out hi
! ! street
+. From his looks color. size, and build
said the witness, Il think this man
the right one. but can't swear positive
T. that he IS the one"
Sergeant Brooks Officer Werner a
Captain Angle told Of the arrest of I
two men. and Of the various statemea
they had made
g POSTPONESENT REQUESTED
' Mr.. Richardson, at this iuncture