The Birmingham age-herald., 1909-07-16

Monroeville, July 15.-(Special )-State Senator Oscar o. Bayles lies a corpse at his home in this city another victim of the bloody feud that exists between the families of the Smiths and the Shir- leys. and David K Smith. his slayer, is in jail under strong guard. Kgood won- an is a widow and six children, the eldest under 12, are without father to Care for and protect them.
 The tragedy took place shortly after 5 o'clock yesterday afternoon on the main street of the town and within sight of scores of men and women who were helpless either to succor or prevent Two great bullet holes were torn through the bowels of Senator Bayles and he was dead almost before his family could reach him. Though there is great sorrow in the county, for the dead man was well and favorably known, the consensus of opinion is that the killing was justified by the circumstances and Smith will no doubt be given freedom when the trial is had.
 The Fatal Shooting.
 Smith reached home from Montgomery yesterday at noon, and Bayles about 5 o'clock. Both had been there to the hear ing before the pardon board of the appli- cation of Isaac and Jesse Shirley, con- victs brothers-in-law of Smith, for re- lease, and as a result of things said there each was known to be very angry with the other Bayles, an attorney for the Shirleys, had been very caustic in some remarks about the Smiths, who were do- {.,sr has, rntt1I to, Eaa hn tirla tr1 from release.
 The two men met on a platform in front of the drug store and Bayles at once walked toward Smith, saying: 'I hear you are looking for me-
 Some reply was made too low in tone to be heard, and without further barley Bayies slapped Smith off the platform to the ground.
 Smith jumped up as quickly as a cat would have done, with his pistol in his hand and began shooting. Bayes also opened up his artillery about the same time.
 For a few seconds the air was filled with smoke and the firing caused gen. eral scurry for cover. Three shots were fired by each man, but who shot first could not be told in the excitement and because they were so close together.
 With cessation of the shooting both men ran into the drug store building, Smith to the drug store and Bayles to the office of the doctor at one side. An open door gave them a sight of each other after both were inside, and each took an other shot through the apperture but without damage.
 Examination showed that Bayles was hit twice fatally, each ball going into his stomach and bowels, Smith having used a 3S calibre revolver that carried heavy charge.
 With the short time he had to live Bayles called for his family, and his wife was with him at the end. Her grief, and that of the older children who were pres ent, was terrible. and brought forth the sympathy of all who were present
 Smith In Jail.
 In the meantime Smith had surrendered and was taken to jail where he was kept under special guard all night. However, the feeling Is no more than one Of regret and sorrow, as it appears from the state ments of those who saw the killing that there was nothing else for him to do. There Is general agreement that he was approached by Bayles and struck before he even made an attempt to pull gun, and the belief Is held by many that Bayles had his pistol out even before Smith was ready to fire.
 The town and county is bowed down with grief, as the dead was well liked and had spent his life in the community. His selection as state senator evidenced this. His wife Is member of we'll known family and Is receiving the sym pathy of the entire population in the great sorrow that has come to her and her six children, all under 12 years of age. The funeral was held this afternoon.
 Senator Bayles had been interesting himself in the extra session of the legis- lature that is to be held this month in Montgomery, taking part In the discussion and Investigation.
 ShirIey-Smlth Feud.
 The Shirley Smith feud dates back to the killing of Dr. Shirley few years