The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-12-08
TILTED MAN KILLS
YOUNG HOMESTCADER SHOOTS
NEiGHBOR RIVAL IN LOVE
AFFAIR NEAR DATE
DEAD MANFOUNDIN SHACK
Friends Entering Shack Found Body
on Floor Stained With Blood
"a Bullet Hole in Door
Told the Story

Daviston-G. Banick. a young home
steader of this county, lies dead
with a bullet through his left lung,
while Arthur w. Lowry, a neigh
Dor, Is under arrest charged with his
murder. All this it is believed. is be-
cause Lizzie Walrath. a young lady of
the neighbOrhoOd, had told Lowry
that Gus should hereaftet be her
steady company" a distinction that
Lowry had previously enjoyed and
which he still coveted. All three par
ties occupied adjoining homestead
claims about four miles west of Date,
a rural p0stofice Of Perkins county,
and their respective sharks are all
within a distance of eighty rods or
less from each other.
Arthur Lowry had been keeping
, company with Miss Walrath for sew
eral months and Friday afternoon,
Nov. Is, went to her shack" TO en-
gage her company for the meeting OF
a literary society which met that
evening in the school house at Date.
ne lOuuh bdllth JucIt dh'"A vi AA'A
and was informed that Lizzie had al
| ready made an engagement with the
lat ter for the evening and, more than
that. he was to be her steady" for
the future. Lowry made no Sc ret
OF the fact that he was anCry over the
rebuff, but finally left, telling the girl
that he would see her later.
Evening came and the society met
but it was noted that Lowry, Banick
and Miss Walrath. who had always
been regular attendants, were absent
from the meeting. Some OF those
who were present passed Banlck's
shack on their way home and, seeing
a light burning, stopped to inquire the
cause of his absence. There was no
response to their knocking on tie door
and they pushed it open to find the
owner of the shack lying dead just
inside his doorway with a bullet hole
in his chest and his clothing satuTat-
ed with blood. Word was sent to the
sheriff at Bison as quickly as possible
! and he came to the place the next day,
Investigation revealed a bullet hole
through a panel of the door about the
height of the wound in Banick's body.
Another bullet was found imbedded in
the wall OF the room, opposite the
door. The inference of the Office 6 is
that two shots were fred-.-e first
one, shot while the door was open and
Banick standing in the doorway, miss
ed its intended victim and struck the
opposit e wall. while the second one,
shot after BaniCk had slammed the
door in the face of his assailant, &C
complished its deadly purpose.
A little brother of Miss Walrath
who was staying with her, was outside
the shack at about 1870 p. m, and
claims to have heard two shots fred
in the direction of Banick'S abode,
This would seem to fix with some
accuracy the hour at which the crime
was committed. Lowry alleges tina,
he was not on his own claim tina
evening nor in that neighbor hood. blu
had gone to the claim of a sister about
three miles distant, where he spent the
night as he has frequently done he"e,
tofore. It was at his sisters claim
that the officers found him Saturday
night. Unfortunately for the abb
which he will doubtless seek to estab,
lish. his sister was away from home or
the evening in question, visiting al
neighbors, and there was no one al
her place when he arrived or for two
or three hours later covering the time
in which the killing is suppose dtc
have taken place.
While the popular sentiment has
settled upon Lowry as the author o.
the crime his brother, sister and
few other close friends declare thei,
faith in his innocence and will assist
in providing the mea 70" his de,
fence. Attorney HELEN of Pison, hae
been retained and is at work in
the locality of the crime seeking 70
evidence on someone else. The PFC
vious reputation of the accused haa
been good. which will dOub'lcss weigh
in his favor. unless the state sUc~ eed
In finding stronger evidence AGAINST
him than has already been secured.