The sun., 1909-06-08
TELLS HOW he KILLED A MAN
CAPT. SMITH or FLORIDA IS
SUING FOR LIBEL ABOGT IT.
He Shot Game Warden. His Plea OF Self
Defence Was Accept ed and He. Oh jec,s
10 = Magazine Story which Called the
Dead Man Martyr o Bird Protect on.

Defence Was Accept ed and He Oh Jeci,
10 = Magazine Story which Called the
Dead Man Martyr 10 Bird Protection
The killing OF Guy NJ. Bradley, the
Florida game warden who had been
active dn preventing the wbolesa le
slaughter Of birds OF plumsge along the
Florida coast. was described graphically
yesterday by his slayer, Capt Walter
Smith, before Justice Gerard and a jury
in Part VIII. Of the Supreme Court, when
he took the stand at the trial OF his suit
against Golfers Weekly for s5o.OOO dam
ages for libel.
Warden Bradley was shot near Cape
Sable. the sonthernmost point Of the
mainland OF the Florida peninsula. on
July 8. 1905. Capt. Smith took his family
10 Key West Immediately after the shoot
ing and gave himself up 10 the Sheriff,
alleging that the warden shot first and
that he fired in self-defence. Capt. Smith
was in Jail until December 22 of that year
while the Grand Jury was investi "a ting
his story. He was released when no evil
dence could be found to controvert his
statements.
On April 81. 1905. Golfers Weekly pub
lished an article headed Bird Protec-
tons First Martyr-A True Story which
purported to recie the details OF War
den Bradley's death. Included in the
article was this para graph:
Some miles away lived a man and sew era
sons who were continually breaking the
laws and making no end Of trouble for the
warden. Twice the latter had arrested
members Of this family for breaking the
game laws This ad made them and others
OF their set very angry and the older man
had several times been heard to threaten
that II the warden ever interfered again
with their shooting he would kill him.
The article went on to tell how the
warden heard shooting in the rookery
on the morning in question and saw
anchored near by the schooner Of the man
who it was alleged had threatened to kill
the warden. Bradley promptly started
out to make arrests. leaving his wife and
little boy on the shore. Mrs. Bradley
heard a rife shot and then saw the
schooner move away and the article said
that she knew at on ce that her husband
had been either killed or wounded. He
was dead " hen he was found, and it was
declared that his pistol showed that 1t
had not been fired recently.
Capt. Smith. who is 8s years old and Of
striking appearance. said ON the stand
yesterday that a month after the article
appeared another captain showed it to
him and he decided at once to sue for
libel. The suit has been pending for
three years s1d was brought originslly
against Peter fenelon Collier and Robert
j. Collier. The plaintiffs story yesterday
was as follows
That morning and my sons, Tom and
Dan, and man ed Philip b. Endridge
turtles % With nets When we were abost d,oet
one and half miles from the shore my
two boys got into a small boat to kill
some birds. saw q sail coming out from
the mainland and fred my gun as signal
to the boys to come aboard The boys
came and brought a couple Of brant. or,
as we call them. nigger geese.
Bradley came 'a aIonsside and % said: neq I
want that pet son Of yours. told him
that II he wanted him he would have
to take him. Then Bradley said: Damn
you. you - I'll get you yeti
Then Bradley came around the stern
OF the boat and said I've got a warrant
for that IT. e0ys arrest st nadI and guess you
He had pistol In his hand, and when
saw the pistol jumped behind the
mast. was standing on top of the
house that extended over the schooner.
and the mast was the only protection
there was.
Bradley fred Immediately. and when
he shot fired back. Bradley fell on his
side after I shot. but after falling he
rallied and presented his pistol again over
the gunwale. Ihad bead drawn on him
and was just going TO use it when Bradley
fell back. Then | heaved anchor and
went direct home. got my wife and oh
dren and went to Key West to give my
self. up
Capt, Smiths cross-examinaton had
just commenced when court adjourned.
The plaintiff declared that he had never
shot birds OF plumage and had never
in them for millinery purposes q
He swore that neither himself nor his |
sons had ever been arrested for violating |
the game laws or any other laws. He |
said he had never threatened to kill
Bradley.
Justice Gerard asked Capt. Smith
what kind Of gun he carried that day |
and he said It was repeating rife. ca pable |
OF firing sixteen times. The Court asked |
II Florida was 30 lawless that II was neces-
sary to carry such weapon. and Smith |
said that IL was in some places. He |
said that he had shotgun as we'll as
The rife.
Capt Smith denied that he had ever
shot any one before.
The plaintiff brought half a dozen
witnesses here from Florida with him.
ANSVERS IN lERkES SUIT.