Fergus County Democrat., 1907-04-23
FATAL SHOOTING
AT GRASS RANGE
B. F. Moulton, Prominent Woolgrow.
er. Kills Benjamin O. Kinser in
Self Defense.
DUAL WITH REVOLVERS
Both Men Empty Six Shooters, At
ter Which Moulton Takes Win
chester-Exonerated by Jury.

Benjamin I. Moulton, one of the
best known woolgrowers of Fergus
county, last Sunday morning shot and
killed Benjamin 0. kinser, young
rancher whose place is on lower
tord creek. A coroner's jury was
empaneled yesterday morning by
Justice Edward Brassey of this city
and after hearing all Of the testi-
mony relating to the deplorable af-
fair. returned verdict acquitting Mr..
Moulton of any blame in the matter.
AS soon as possible after the kill
ing, Mr. Moulton telephoned to the
officers in this city Of the occurrance
and asked that they come out at
once. County Attorney Ayers, JUS
tice Brassey, Undersheriff Slater and
Miss Ryan. stenographer, left in the
afternoon for Grass Range and the
hearing was held yesterday morning.
Brad Sullenger, Thomas Graham,
J ID. Mabry, Tom Shaw, Bert Nc
Allister and Will Charters composed
the coroner's jury and the examina.
ton of witnesses was conducted by the
county attorney The witnesses were
Mr.. Moulton himself, Henry Frizel
and Roscoe Ward, who were present
and saw the trouble from start to
finish, David Foreman and John Bow
man and the facts as brought out by
the various witnesses are as follows:
kin,er has always beer known as a
young man of, to say the least, a
very peculiar disposition Several
months ago, while working for Moul
ton on the latter's ranch five miles
below the village Of Grass Range, his
conduct became SO offensive that he
was ordered off the place.
From that time on, he made fire.
quent threats against Moulton and
even threatened to kill the entire
Moulton family. Mr.. Moulton testi-
hed that he was not seriously con
cerned as to his own safety but was
always afraid to leave his family
around the place unprotected
Last week, Mr. Moulton received
a letter from kinser in which the
young man stated that he would be
at the Moulton place on Sunday TO |
settle things with him. Mf foulton
who, with his family, was III this city
during the week, left Saturday alter
noon for home alone.
Sunday morning he locked the gate
to his place and hoped that he would
1ot be troubled with Kinser but abou,
O'Clock when he was in the bunk
iouse with Frizel and Ward, he saw
Ainser driving up. Finding the gate
ocked. kinser got out, hitched his
cam and walked over toward the
'unk house. In order to be pre-
'ared for any trouble which might
ome up. Moulton slipped his six
hooter IN his belt under his vest.
When kinser came up he said:
We'll, | have come to settle tina,
natter with you" Moulton replied.
nave told you to keep off my place
nd | want you to do So"
kinser replied, 1--WE would as well
moot 1t out" and pulled his revolver
once and commenced shooting.
he had fired couple of shots be-
Ore Moulton got his revolver out ana Z
9th men emptied their six shooters. {
9th hring as rapidly as they could
ull the trigger. 1t seems almos, t
that both men were not Z
iiied or seriously wounded as they c
ere within five PAGES of each othe, ,
nile the fusillade was in progress
having emptied his six shooter ,
lthout having stopped kinser MeuI-
IN reached back and got his Win a
iesier which he fired and Kinser fcll s
ith ball through his breast. Death r
as almost instantaneous An exam
ation OF the body showed that Kin G
II mad also received a ball in the ieg S
I'd another bullet took off a little
lger. =
The story of Moulton before the r
'ro''ei Jury was corroberated in {
cry detail by Frizel and Ward who I
ere IN the cabin throughout the
footing =
After deliberating but a few "
oments, the jury brought in the fol-
wing verdict:
we fnd that the deceased, Ren;a-I
III -. kinser, came to his death bv \
ason OF two gun shot wounds. said \
IN being held by B. F. Moulton and 5;
manner and means of said death is
As not felonious." ~