Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1901-11-21
A SAD TRAGEDY
COUNTY COMMISSIONER SMITH
KILLED At cOsMOPOLls,
And Constable Fenwick, Of Aberdeen. Seriously
Il Not MORALLY Wounded by ". J. Yoursx,
North River Rancher. Who Was Under Arrest
on Trivial Charse.-smith Instantly Killed.
fenwick May Rscovsr.-Yourex Wounded

on Trivial Charge Smith Instantly Killed.
fenwiek May Rscover.-yourex Wounded.
The town of Cosmopolis was the scene
of the greatest tragedy that ever occurred
within the borders Of CheI,alis county
last Friday afternoon, in which COUNTY
Commissioner Silas Smith, who was also
town marshal Of Cosmopolis, lost his life,
and Constable Chas, Y. Fenwick, of Alb.
erdeen, was so seriously injured that his
life ia still in danger. Constable Fem
wick went to North River that morning
to arrest w. j. Ycurex, who was charged
by a neighbor with having wrongfully
tore down building that stood upon
land claimed by both parties. Yourex
is known as man with violent temper,
and was confined in the asylum at Stiel-
accom- in 1895 for short time as insane.
In view OF this, Fenwick had couple Of
North River men assist in making the
arrest, and the tragedy can be attributed
to the failure Of the arresting officers 10
see that their prisoner was unarmed at
the time he was taken into custody.
Yourex was arrested without difficulty,
and went with the officers to Cosmopo'is
willingly, where he was taken to the
office OF Justice Stanley Smith for hear
ing. On the way into town Constable
Fenwick became appraised Of the fact that
his prisoner was armed with a revolver,
and when he reached the office Of the
justice Of the peace, he went out and re-
quested Town Marshal Smith to aid him
in disarming the dangerous man. To
this request Marshal Smith responded
with characteristic alacrity, and the two
officers proceeded to the Justices Office
for that purpose. Upon entering the Of
flee Marshal Smith locked the door and
Fenwick asked Yourex if he had a pistol,
to which Yourex replied that he had, at
the same time drawing q 32.calibre re-
volver from his pocket. At this both Of
ficers drew their revolvers and demanded
that the prisoner deliver up his weapon.
Yourex replied that he was United
States mail carrier, and as ouch was EN-
titled by law to carry his pistol, and pos.
lively refused to give up the gun, and
defying the officers to disarm him, un.
locked the door and stepped outside onto
the sidewalk followed by Fenwick and
Smith.
The three men had 10 sooner reached
the sidewalk than three shots were fred
in such quick succession. and 90 suddenly,
that three bystanders were unable to say
which man fired the first shot. These
shots had no effect, and Yourex continued
firing as he walked backward followed
by the officers, both firing at him. Smith
had fred twice when a bullet from
Yourex struck him in the breast, killing
him instantly, his pistol being discharged
for the third time as he fell. Yourex
continued firing, and his next shot hit
Fenwick in the side, to which the plucky
constable replied with shot that took
effect in the left arm OF Yourex, and. al.
though badly wounded, he closed with
his prisoner and beat him over the head
with the butt Of his revolver until he
knocked him down, and then fell sense
less himself.
Constable Fenwick was taken to the
Cosmopolis hospital, and DR.. SHIFTS, Of
this city sent for, who with DR.. Watkins
operated on him. His intestines were
found to be badly torn, and he now lies
lowering between life and death, his only
chances for life lying in rugged consti-
tuition and his indomitab)e grit. An in.
quest was held on the remains OF Marshal
Smith that evening, and the jury returned
a verdict to the effect that he had met
his death at the hands OF w. J. Yourex.
When Yourex recovered from the effects
of the blows on the head from Fenwick's
pistol, he found himself bound hand and
foot by the citizens, and his left arm
badly shattered by the bullet from Fen
wick's revolver. After dressing his
wounds he was brought to this city, and
is now under guard at the Aberdeen
General hospital. He is SO years OF age,
and served in the civil war. Six years
ago he was month in the insane asylum,
and has been terror TO his neighbors
on North river since his release. He has
a wife and adopted child who live on his
North river ranch. Since the tragedy he
talks quite freely, and repudiates the
idea OF insanity, and has engaged counsel
to defend him, claiming his shooting to
have been done in self defense, and that
the officers fired upon him first. The
statement OF Fenwick, just before being
operated upon, and in full knowledge
that he might not recover from the effects
of the chloroform, was that YoureX fired
the first shot.
The body OF Marshal Smith was taken