The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-31
lsnecia1 to The HeraldN

Especial to The Herald)
Price. Utah, Dec 30.-A shooting af-
fray, which may result in fatalities.
took place here this afternoon. 1t
seems that bad blood has existed for
some time between Captain James L.
Smith, deputy sheriff and ]. w. Warf,
county attorney of Carbon county. The
feeling of hostility between the men
dates back, according to Captain Smith,
to last July, when the then sheriff, who
was a friend of Warf. was removed by
reason of the efforts of Smith.
Last Saturday night, Smith figured
in a little gun play, and this morning
was arrested on a warrant charging
various misdemeanors Warf, who.
signed the complaint upon which the
warrant was issued, did not appear to
prosecute Smith entered a plea OF
guilty and d nominal fine was imposed.
It was apparent that trouble was not
far off and would be precipitated upon
the meeting of the men.
BOTH OPENED FIRE.
Shortly after 2 o'clock, Warf and
Attorney Mark 2. Braffet met Smith
near the platform of the depot. No
words were exchanged, but both drew
guns and cleared for immediate action.
The first two shots were fired almost
simultaneously, accounts differing as
to which fred the first. Neither took
effect, however, and Warf started to
run for shelter, Smith emptying his re-
vOlver at him with the utmost delibera-
ton. The bullets hit all around the
flying attorney, but somehow failed to
get him.
Quite a crowd gathered at the sound
of the shooting, clustering near Smith.
IN a few moments WGrf came out from
behind his shelter and executed a flank
movement toward the east end of
large freight warehouse.
He carefully rested his gun along the
platform and shot once more, likewise
without effect.
MORE AMMUNITION
He then discovered that his ammu-
milton was exhausted and beat a hasty
though orderly retreat to a nearby
hardware store for a fresh supply.
Having obtained this, he returned to
the battlefield. Not finding Smith, who
in the interim had gone into a nearby
hotel. he made an extended and thor
ough inquiry concerning the possibility
of obtaining immediate possession of a
Winchester. Chance favored white
winged peace, however, as Sheriff
Alfred happened upon the scene at this
juncture.
Warf at once filed complaint against
Smith, charging him with assault with
a deadly weapon with intent to kill.
SMITHS STORY.
Shortly after his release on bonds,
Deputy Sheriff Smith gave this YER
sion of the fracas:
The trouble grew out of the removal
Of a former sheriff of this county, who
was personal friend of Mr.. WARTS.
instigated the removal and gained his
hearty dislike. / have been subjected
to a species of petty persecution since
last July on this account.
'Warf and q friend came up to the
platform of the railway station upon
which L was standing. I met him with
o smile. He then reached for his gun,
and [, in order to protect myself, pulled
mine. We fired simultaneously He
then ran. and if my gun had not re-
fused to work, my second shot would
have fixed him sure. ] do not antici-
pate any very serious results from this
miX-uD, as my bail was fixed at the
sum of $3.50, but if ne decides to enter
tain me again, I viii be found at the
same old stand
WARTS VERSION.
tally from that of Captain Smith. 1t is
as follows:
ON Christmas day Captain Smith
was drunk and Sheriff Alfred took him
to the Mathis hotel, where [ was in
formed ne insulted Mrs Hart. She in
formed him that she would not stand
such insults upon her; that she had
two sons to protect her At this state
ment Captain Smith grew quite angry,
Z o. nd ~ TO. her 10
drew his gun, also threatening to do
various dire things. Such a state of
facts was laid before me by number
Of persons who were present. L there
upon fled 2 complaint, in accordance
with the facts charging him with the
appropriate miSdemeanOrS. Having i'm
portant business out of town, 1 in
structed the Justice to hold the war
rant until I returned, but against my
instructions he allowed Captain Smith
/ to enter d plea of guilty to my COM
| plant, and fined him So, including
/ costs. This is the only motive 1 can
assign for his attempt upon my life.
Attorney BrOffit and myself were
starting to take the train for Helper.
When We got within % feet of the de-
! pot platform, saw Captain
Smith take his gun out of his pocket
1 and level it at me. At the same time
| Broffit said, Look out" [ whirled and
ran, and he fired four shots at me at
/ close range. While running, I drew my
! gun, but was unable to get him in
range without firing into the crowd
which had gathered at the sound of the
shooting. After [ had gone about so
| yards, 1 found that I could get a shot
at him without endangering other lives,
/ and then fired two shots. He finally
got back into the crowd. This matter
| will be vigorously pressed"
Mr.. Warf was also arrested upon
warrants charging him practically with
the same offenses as those alleged
against Captain Smith, and was releas-
ed under bail tonight. The preliminary
hearing in both cases will be held here
tomorrow afternoon.
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