The Washington herald., 1909-06-08
TELLS OF KILLING
WARDEN IN FLORIDA
Capt. Smith Witness in Col.
lier Libel Suit.
SAYS BRADLEY FIRED FIRST
Attorneys for Publication Claim to
Have Evidence Not Produced by
Grand Jury that Allowed Smiths
Release When No Testimony Was
Given to COntrOvert His Statement.

New York, June THE killing OF Guy
NJ. Bradley. the Florida game warden,
who had been active In preventing the
slaughter OF birds Of plumage in the
rookeries along the Florida coast. was
described graphically to-day by the slay-
er. Capt. Walter NJ. Smith. before Justice
Gerard and a Jury IN the Supreme Court
when he took the stand at the trial Of hts
suit against Golfers Weekly for $4,000
damages for libel.
Warden Bradley wEs shot near Cape
Sable, the soUthernmost point OF the
mainland OF the Florida peninsula. July s.
1905. Capt. Smith took his family 20 Key
West Immediately after the shooting and
gave himself Up to the sheriff. alleging
that the warden shot first. and that
he fred in self-defense.
Released from Jail.
Capt. Smith was in jail until December
% OF that year. during which tine the
grand jury was investigating his story.
and was finally released when no evidence
could be found TO controyert his story.
Golfers weekly published an article
on April p, 1906. headed Bird Protecuon's
First Martyr-A True Story" which pur-
ported to recite the details Of Warden
Bradley's death.
Included in the article was this para
graph:
Some miles away H5ed a man and several sons
who were continually b7eol5ng the Jaws and makIns
no end of trouble fo- the warden
Twice the latter had arrested members Of his
family for breaking Tho game laws This had made
them and others u their set very angry and the
drr M n sever ~ ten
that the warden ever intCrfcred again Win Their
shooting he wolld kll him
The article went on 10 tell how the
warden heard shooting in the rOokery
en- the morning IN question, and saw
anchored nearby the schooner Of the
man who, Il was alleged, had threatened
70 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. The article stated that she
knew at once that her husband had been
either killed or wounded. He was dead
when he was found. and IL was declared
that his pistol showed that It had not
been fired recently.
Capt. Smith is siXty-five years old and
Of striking appearance.
story of the killing.
THAT morning I and my sons, Tom
and Dan, and a man named Philip B.
Endridge went out turtling, that is, We
were after turtles with nets" said Capt.
Smith. when we were about mile
and half from the shore my two boys
got in a small boat 10 kill some birds,
saw a sail coming out from the main
land. and fired my gun as a signal 70
the boys 70 come aboard. The boys came
and brought couple Of brant, or. as we
call them. niger geese.
The boys had just got aboard when
Bradley came alongside and said: want
that pet son Of yours I told him that If
he wanted him he would have to take
him Then Bradley said: D. you,
YOU, I'll get you yet
Then Bradley came around the stern
Of the boat and said: IN get a war
rant for that boys arrest and guess you
know the penalty Of evading the law
Says Bradley Fired First.
He had a pistol in his hand. and when
I saw the pistol I 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 I fred back. Bradley fell on his
side after I shot. but after falling he
rallied and presented his pistol again over
the gunwale I had a bead drawn on him
and was just going 10 use IT when Brad
ley fell back. Then I heaved anchor and
went directly home. got my wife and
children. and went 10 Key West 10 give
myself up"
Capt. Smiths cross-examination had
just commenced when court adjourned,
and the course Of the questioning in
dicated that the defense in the libel suit
may have obtained more evidence about
the death Of Bradley than the Florida
grand jury obtained
The plaintiff declared that he had never
shot birds Of plumage and had never
trafflcked in them for millinery purposes.