The age-herald., 1901-11-06
RICHARDSON SAYS
 HE DIDN'T INTEND
 ID KILL THE BOY
Policeman on Preliminary Trial for Shooting Oscar Lee,
 a Memphis Lad
EVIDENCE IS CONCLUDED
Officer Claims He Used Due Caution and Fired as a. Hast Resort-Dead Boys Companions Say the
 Officer Gave No Warning.

boys companions Say the
 Officer Gave No Warning.
 James Richardson, the policeman who shot and killed Oscar Lee, a fifteen-year- old white boy, in Second alley Sunday night. October 27. was given prelimin- ary hearing before Justice of the Peace I. H. Benners yesterday, but the final ar guments had not been concluded at the hour of adjournment and the case went over for final disposition this afternoon at 230 o'clock.
 Wilbourne Richmond. Harry Rivers and Walter Anderson, the three former companions of the dead boy, and James Richardson, the defendant, were the prin- clpal witnesses, and told substantially the same story as has been published Richardson claimed that he thought the boys were burglars, and believing they were about to escape, fired the shot which killed Oscar Lee. The boys insist that they were in the alley for the purpose of begging and at the time the policeman discovered them, they were sitting down eating apples and waiting for Anderson who had gone to ask assistance. They were released from jail last night, and said they would immediately leave the city.
 Peter Lee, father of the dead boy. did not attend the trial as was expected, nor was he represented by an attorney. Solicitor Charles w. Ferguson represent ed the state and z. T. Rudulph and Rich ard Fries appeared for the defense.
 The office of Justice Benners and the hallway adjoining were crowded with spectators when the trial began, and ev- cry word of testimony was closely fol- lowed.
 Richmond Tells His Story.
 The first witness was Wilbourne Rich- mond who says he was with Oscar Lee shortly before the shooting and was one of the trio who ran from Policeman Richardson. He said he and Oscar Lee between Twentieth and Twenty-irst streets on the night of the shooting and had gone there to raise some money for a place to sleep. He said they were sit ting on the door step at the rear of a store eating some apples and waiting for Walter Anderson who had gone to a dis orderly house for the purpose of begging.
 While there they saw a policeman coming and for fear of being arrested for vagrancy hurried out of the alley going towards Twenty-first street. They then saw the officer hurrying after them and began to run. They ran to Third avenue, Harry Rivers in the meantime, going in the other direction. Richmond said he and Oscar continued down Third avenue to Twentieth street and then ran into Second alley. When they had gotten about half way he "ducked' be- hind piano box and the policeman shot order them to stop. He said two shots were fired.
 Harry Rivers told substantially the same story except when the boys got to Twenty-f1rst street he stopped until the officer had passed and then went to- wards First avenue. Mir. Masburg, a pharmacist at Ja- cobs drug store, testified as to finding the boy in the alley at the rear of his store. He said 1t was very dark in the alley. Mr. Masburg said he met Rich ardson at the mouth of the alley and the policeman told him he was after burglars and that he had gotten one of them.
 Walter Anderson the boy who went in the house to beg while the others waited in the alley. said the boys had no intention of committing burglary, and were in the alley for the sole pur- pose of getting money to pay for bed
 RIchardson's Version of 1t.
 Officer Richardson was then called and said: "On Sunday night week ago had come from the Wilson building where I had been looking for drunk man. I went up Second alley to examine the back doors. and had just passed house of prostitution when I discovered what supposed to be a man with his back against a door and two others standing by him. I stepped behind a telephone
 
 dashed out of the alley. told them to stop or I would shoot. When I got to Twenty-first street they were turning the corner of Third avenue and began blowing my whistle. I then chased the men on down to Second alley, and as I was getting out of breath drew my pis- tol. There were some men coming out of houses and when they were out of dan ger I fired over the boys heads. saw they were going to escape and I lowered the pistol and fired, and one of them fell. The other two ran on out the alley and escaped"
 Had you any reason to suspect that burglars had been in that alley?' was asked.
 ''Yes; I had been told that a burglary had been committed in that alley on Sum day night and I had been keeping watch on three suspicious men,"
 IT. .nf1 yna xuaa mt atiro xvb tle