The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1910-12-09
Tilted MAN KILLS
YOUNG HOMESTEADER SHOOTS
NElGhBOR RIVAL IN LOVE
AFFAIR NEAR DATE
DEAD MANFOUND IN 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, les deal
with a bullet through his left lug,
while Arthur ". Lowry. a neigh
Dor, is under arrest charged with his
murder. All this it is believed. is be-
rause Lizzie Walrath. a young lady OF
the n~eighborhood, had told Lowry
that Gus should hereafter 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 p~ostofice of Perkins county,
and their respec tive sha ks are all
within a distance OF eighty lods or
less from each other.
Arthur Lowry had teen keeping
company with Miss Wairath for sew
eral months and Friday afternoon,
Nov. %, 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.
He found Banick there ahead Of him
and was informed that Lizzie had al
ready made an engagement with the
latter 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 angry 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 Banick'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 the door
and they pushed it open to find the
owner Of the shack lying dead just
inside his doorway with a bullet Die
in his chest and his clothing saturat-
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 8 is
that two shots were ired-.-e first
one shot while the door was open n
Banick standing in the doorway. miss
ed its intended victim and struck the
opposite 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 1880 D. m, and
claims to have heard two shots fired
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 that
he was not on his own clam that
evening nor in that n~eighhorhood, but
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. 1t 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 on
the evening in question. visiting at
n~eighhors, and there was no n at
her pace when he arrived or for two
or three hours later covering the time
in which the killing is suppose dto
have taken place.
While the popular sentiment has
settled upon Lowry as the author OF
the crime his brother. sister and a
few other close friends declare their
faith in his innocence and will assist
in providing the means iar his de-
fence. Attorney HELEN Of bison, has
been retained and is now at work in
the locality Of the crime seeking 70
evidence on someone else. The pre-
vious reputation Of the accused la
been good. which will doNb.lrss welsh
IN his favor. unless the state slc eeds
in finding stronger eriden"e AGAINST
him than has already been secured.