The times. [volume] (Richmond, Va.) 1890-1903, 1902-06-29

Jones and Kahn, Accused of Muir
der of Harvey Williams, May
Cause q Legal Battle.

The fate of Special Officers j. A. Jones
and Isaac kann, OF the Atlantic CoasC
Railroad, who on last Tuesday night
fatally wounded Harvey Williams,
Young white man of the West End, VINO
was caught upon the railroad Yards
hangs upon a technical point in the law:
Police Justice Crutchfield decided that
the case should be considered by jury.
and he sent the two men on 10 the
Hastings Court, holding them under bail
of S1,0t1.
The technical point involved is a pecu-tt
liar one Under the law. policeman or
a special officer has a right to shoot at.
after hating, a person who is guilty OF
a felony, but he has no right to shoot
at person who is guilty Of nlisde-
meanor Under the law the breaking into
a car of any kind, either freight. passen-
ger or express is q falony. The break
Ing into of a box is not a felony.
: On the testimony yesterday. before JUS
tice Crutchiield it was shown by the
statements OF Jones and Kahn and by
the statements OF Other, witnesses that
just before he was shot Harvey Will
liams had tried to break into the sup
ply box attached to Norfolk and West.
ern express car. There was an attempt
made by the prosecution to show that
the box was not to be considered as
part of the car. because there was NJ
opening from the car into the box. while
for the defence there was an attempt
made to show that the box was really
a part of the car. Upon this point may
hang the solution of the case.
both the defendants on the witness Stan'
yesterday swore that they had fired on
Williams only after he had been Halted
several times. Just which of the defend
ants fired the fatal bullet is a matter
re
altogether. two by Jones, who fired first,
and one by Kahn. Kahn did not see the
original trouble. but, according to his
own statement in the Police Court yester-
day, fired al the man who vas running.
having heard the previous shots by
Jones.
Then the father of the dead man was
celleG This is Mr.. ]. D. Williams. Of
No Il South Adams Street. He said the
son had told him that he had gone be-
hiri the car and when shot had thought
that lightning struck him. The son had
aico told him that <after he fell he had
heard. Some one say: You've shot that
r,ar,.t and some one else answer: "Ail
right: kill the d scoundrel.''
DR.. Sandidge the ambulance surgeon
whc attended the dead man. told a SINH
lar story He said the dying man had
told him that he heard some one say:
Jones had tire-shocter and fired two
b:..s at Williams.
Then Jones. the special officer was
called. Ee told practically The same story
as that at the Inquest as to how he
had come to shoot Williams He had
seen Him break the seal off a. car with
an iron bolt and halted him twice Will
lisms refused to stop. having started to-
rin after the first call. and then he
fi,e,i twice Williams continued to run
and was turning the corner of the car
wien he fired the second time. A few
seconds later he heard Kahn, whose pres
cace in that vicinity he was not aware
OF. fire the third shot.
Immediately following this shot he
heard Kahn say: Il got YOU and Went
around to see about it. He found the
had Immediately called medical and ro-
licn assistance by phone.
Special officer Kahn said there had been
many previous rohheries of cars in the
yards. and when he saw Williams turn
the corner running. although he had
seen him do nothing. had fired on him
once Then Williams fell and he went
TO him. Before he fired he had halted
Williams three tines
This concluded the hearing. and the
two men were bound over in $1,000 each
to answer before the grand jury.
Meanwhile there is a possibility of
damage suit against the Atlantic Coast.
Line. a lawyer was in court this morn
ing to hear the evidence. with the idea
OF bringing a damage suit. 1t will be
contended. should this suit be brought,
that Williams was shot without cause.
his own version of tho story having
been thai, he had stopped to get some
water when shot. and that he did not
run Such a suit will depend on whe-
ther or not the officers fired without