The age-herald., 1901-11-29
Shot As He Ran by J. I. AL ley a Farmer Near
 Elyton
CASE HAS QUEER FEATURE
Alley Arrested and Brought to Bir- mlngham, But Had Not Been Placed in Jail at
 Late Hour.

Lennie Smith, a young negro boy, was shot and killed yesterday afternoon by J. T. Alley, a farmer living near Ely ton. The shooting occurred in field near Mir. Alleys home. The trouble started over Alleys objecting to the boy and two companions hunting on his land. MT. Alley was arrested by Deputy Sheriff Skip Thompson and Officer Gun ningham. He was brought to the city but was not placed in the city jail nor the county jail. At the former the books show he was sent to the latter but at the county jail they have no re- cord of the case.
 Deputy Sheriff Thompson, who made the arrest, lives at Elyton, and could not be reached for a statement last night. When last seen the prisoner was under his care. Sheriff Burgin said he knew nothing of the arrest though it was made at o'clock. At the jail there was no bond. nor was anything known of the arrest. Where the prisoner spent the night could not be aseertained.
 To Obtain Bond.
 Officer Cunningham said that though judge Feagin ordered the prisoner turned over to the sheriff on the charge of murder, Deputy Thompson had carried him to Elyton for the purpose of hav- ing a warrant issued and possibly bond made
 The officer made further statement as follows:
 MT. Alley was arrested by MT. Thomp- son and myself and brought to the city. The case was explained to Chief Aus tin and an effort was made to have a warrant issued We failed to find jus tice and then Judge Feagin ordered us to turn the prisoner over to the county authorities. The charge was murder.
 "We turned him over to Deputy Sher- if Thompson. I understand the deputy then took him to Elyton to secure a warrant and possibly let him make bond. Anyway he went with him to Elyton and I presume has him in his care at this time"
 When asked if Judge Feagin's power was not sufficient to have caused the deputy to lock the prisoner in the coun- ty jail, he said 1t was. He also thought the law did not allow man charged with murder to make bond without some kind of a preliminary hearing. But he said as a city officer his duty was fully done when he acted upon the order of Judge Feagin and gave the prisoner to +ho oo,,ofv.a rapraaanfafivp
 Where the prisoner spent the night is not known.
 In telling of the shooting Officer Cum ningham said:
 Boy IS Years Old.
 '"The Smith boy, who is a small negro possibly 15 years old, was hunting with two other negro boys on the lands of Mir. Mitchell near Elyton. They had per- mission to go on this land, but in some way they passed over fence onto the land of Mr. Alley adjoining.
 'Mr. Alley was pulling corn and had his gun near him. He told the boys to get off the land. They thinking they were on Mitchells farm. replied that they did not know 1t was necessary to ask him about the matter.
 He then stepped towards his gun. The boys followed but when he picked it up they ran. He tried to stop them but they were soon about seventy-flve yards in front of him. They reached a fence and as they climbed over he fired
 Shot Through Back.
 ''The Smith boy fell from the fence with bullet hole through his back. He died in few minutes. Alley claims he had the breech of his gun on his thigh and did not intend killing the boy.
 ''The dead body was brought to the city and his parents who live at 14O2 Ave nue G were notified
 It was stated by officers at police head quarters that Alley had killed two men in the past. One was said to have been killed shortly after the war; The trouble occurred at Gus Walkers old store. About three years ago he is said to have killed a boy caught stealing corn.
 At late hour last night neither Depu- ty Thompson nor the prisoner had been seen at the jail.