Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1890-03-13
Stories of Abilene.
KILLING OF TOM SMITH
"A Eas+,.r Ia PrrT LTD

To the Editor Of the REFLECTOR.
= correction Of v0uF historians rec
ord Of the killing Of Tom Smith IS due
his memory. 1t IS not true that the
sheriff accompanied Smith when he
went to arrest Miles and Mcconnell
The sheriff, Cramer, was dead. Mel
son Wiley was under sheriff, and at his
request, and after consultation with
the writer, Smith consented to go and
make the arrests, and accompanied by
Jack Mcdonald, then deputy city mar
shall, left Abilene on horseback to
bring Miles and Mcconnell to town.
Before leaving Abilene, Smith failed
to get the warrant from Wiley. Your
HISTORIANS account of what took
place at the dugout does not coincide
with what was proven on the trial of
Miles and Mcconnell for the murder Of
Smith. The substantial facts are as
follows:
When Smith and Mcdonald left
town both were sober. When they ar
rived near the dugout both dismOunted
and Mcdonald was left to take care of
the horses. Miles was on the outside
of the dugout chopping wood, and bad
shotgun near at hand. Smith asked
where the other man was, and Miles
told him that he was in the dug0ut.
Smith pulled his revolver, jumped into
the trench leading to the door, and Nc
Council shot him through the shout
der with a ball from Winchester rifle.
Smith advanced into t;:e dug0ut and
grappled win Mcconnell, ard in The
melee Smiths revolver was discharged,
and he bali inflicted wound i'll Nc
Coareli's hand. Smith being power
ful nan, and Mcconnell of ordinary
strength, was gradually pulling Me-
Council out of the dugout and up the
trench, when Miles struck Smith in
the head with the ak which felled
Smith to the ground, and then Miles
nearly chopped Smiths head from his
body. At the first shot fred by Nc
ConneH Miles reached for his shotgun
and Mcdonald leaped iuto the saddle
on his horse, and seeing Miles reach
for his gun lit out for town, and on his
way in shot hole through his hat and
coat. and on his arrival in town told of
the shooting" Of Smith, and related a
'ccck and bull story" OF what a mar
row escape he had had, and showed
the hole through his hat and coat as
evidence thereof.
AS matter Of fact Mcdonald was
not Slot al by either Miles or Neon
nell. On the arrival Of Mcdonald a
posse Was formed and started for the
scene Of the murder to bring in the
body of Smith and to arrest Miles and
Mcconnell. The two were arrested
without any resistance and Oh their
trial for the killing Of Smith, it was
SHOWN that neither Smith nor Melon
aid had a warrent for the arrest Of
Miles and Mcconnell, having forgotten
to obtain it from Wiley.
As Smith and Mcdonald had no
authority to make the arrests and as it
was clearly proven that Miles and Nc
Cornell were in fear of being mobbed,
and that they did not know the officers,
the court, Judge Canield) advised the
prosecution to accept plea of guilty
of manslaughter in the first degree as
to Mcconnell, and murder in the
second degree as to Miles; and this
proposition being submitted to the de-
PENDANTS and accepted, Miles was
sentenced to a term of sixteen years
and Mcconnell to a term of twelve
years in the penitentiary.
ABILENE.