The Montgomery advertiser., 1909-07-16
D. K. Smith $ His
 Slayer.
IERRIBIE TRAGEDY OCCURS /.
 ON STREET IN M0NR0Evl1E
Fight Grows 0ut of Hearing of the
 Shirieys.
Uittsrnsss Betwess the Two Men Bs- s.. Al Hs.ri.s In iroatsonery aessre state Board or Par se..--w.. Renewed
 At Home.

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 Monroeviiis. July 1s.-7<spsciaI.)--- State Senator Oscar o. Bayies. one of Che best known men in South Alabama, was shot and mortaily wounded in . pistol duel with D. K. Smith. on the streets of Monroeviiis about o'clock yesterday evening.
 The shooting occurred In front of the drug store shortly after the arriv- al of the afternoon train on which Bayiss returned from Montgomery. where both msn had been to appear before the pardon board in connection with the application of Isaac and Jesse shirley for pardon. Bayies repressnt- a thes applicants as attorney and Smith, whose brother. James Smith. was killed by the shirlsys. contested ehs granting of the pardon. Bad feei- sng was ensendered between the two men in the course of the proceedings et Montgomery. Smith returned from Montgomery at noon and Bayies srriy- cd on the afternoon train. The en. counter took place soon after the ar- sivai of the latter. Some hot words passed between them when Bayles struck Smith, knocking him down. Smith arose. pistol in hand, and fired. the bat taking effect In Bayles abdo- men. Several shots were exchanged. . second shot taking effect In Bayies' side penetrating the bowels. Bayles staggersd Into Dr. coxweirs ofiics mar which the shooting occurred and Smith sstirsd into the drug store. Both men emerged . few moments later ana again exchanged shots bus without st- Sect 1 The shsetinG wss witnessed sy sev- srai psrsons huife A erowd soon sel- Isrtsd. attr&ctsd hy ths Afing Smith escaped through q reaF window of the drus. stoss but Iatss surrsndsrsd 70 the sherifr ana Is in jail.
 Dies At ssiansshs.
 Physicians reached Bayies soon after she shooting and rendered every as- distance in their power but 1t was soon apparent that the wounds were nor tai. Hayies died about midnight. He is survived by his wife, and six chill dren. his mother. three brothers and four sisters.
 Bayies was about ss years old and was representative from this county during the years 1898 and isss.
 The date for Smiths preliminary hearing has not been set.
 The funeral of the iate Senator took place at 5 o'clock this afternoon. . large number of persons attending He was buried with Masonic honors.
 Friends of Smith declare that the actual cause of the tragedy was an aspersion put on the character of Mrs. James Smith by Bayies during the hearing before the Board of Psrdons in Montgomery.
 James Smith was shot in this coun- ty about i've years age and died of his wounds. Isaac and Jesse shirley. brothers of Mrs. James Smith. were convicted of the crime. and each is serving a sentence of twenty years in the penitentiary. Efforts to secure Q pardon or parole for the Shir1eys met with stern resistance from D. K. Smith. of Monroevtlle. and pr. W. 8. smith, of Brewton.
 Feud Had Existe&
 Mrs. James Smith. the widow. sym- pathized with her brothers -in-law and opposed pardon or parole for her two brothers Senator Bayiss represented the Shirleys and Col. c. R. Bricken appeared before the Board of Pardona for the Smiths. s
 During the hearing much bitterness developed and 1t was intimated that c feud had existed many years be- tween the Shirley and Smith families Senator Bayles was especially severe in his criticism of the Smiths and of Mrs. Smith the widow. It Is said he assailed the moral character of Mrs James Smith and that D. K. Smith was very angry with him.
 IT there was a quarrel between the two. 1t was renewed when they reached their home here. with the terrible trag- edy that has shocked the entire com munity.
 Both the Bayies and Smith families have wide connections in this county and the news of the tragedy travelled fast. There is great sympathy for Mrs Bayles. who was a Mss WiRg1ns. She Is left a widow with six children, the oldest of which is l9 years old.
 Sketch of Bay1es.
 Senator Bayles was born Sept. IT. 1875 at River Ridge, this eounnty, and received his early education in the public schools here. Leaving the pub lic schols. he entered the Southern Normal University of Huntington Tenn. where he took business course graduating in 1894. Two years later he graduated from the same institu. tion with the degree of IL B., where upon he returned to MonroevilIe and engaged in the practice of law.
 Senator Bayles began his public ca- reer in 1898. when he was elected c member of the state Legislature, serv. ing in that body for two years. He was deputy solicitor of Monroe Coun- ty since 1898. and in 1908 he was elect. ed State Senator for the Twenty-firsl District without opposition.
 He was a Democrat, missionary Baptist and both . nnaater and chap tst Mns0n. He married ln Is9e. Aisa