The state-line herald. (North Lemmon, Adams County, N.D.) 1907-1912, 1910-01-28
The Snlalley Affair

was the subject of general dis
cussion the early part of the
week, and especially so in Justice
Nalin's court, where the matter
lad its legal aftermath.
The difficulties of the Smalley's
have, it would seem, by this tine
thrilled the public more than
enough; they and their troubles
have by this time been sufficiently
aired, and therefore it may fer
wildly be hoped that this last ep-
isode is their finale, and that
with this last effort they may |
graciously retire from the stage.
Monday of last week, the
Smalley's, husband and wife, haV-
ing for some time lived at swords
and dagger's points, the era OF
good feeling between them had
come to such a state that Smalley
went to the house on his claim,
whichnoW isoccupied and claimed
as 4 ho.2o W his wife, to secure
there the Two horses which ad-
mittedly were joint property, Tut
which Smalley claims he had sold
prior to their final family diff
culties. Mrs Smalley lives on the
claim some 26 miles south Of
town, and realized that the poss-
ession Of these horses was neces
sary, if she would continue to
hold the home, away out in the
country.
Evidently Smalley wanted to
be on the safe side in getting the
horses, for he enlisted in his ent-
erprise not less than two other
stalWarts, f. j. Coughlin and
Martin Evanson, who were to
assist him in seizing the animals.
The object they came for was at
tanned, but not without a struggle
! for in the melee the lady, no
doubt driven frantic and well
/ nigh hysterical, brandished an
/ ugly looking Colts automatic re-
volver, which she succeeded IN
I discharging once. This episode,
! in all its narrowing and blooc
/ curdling details, was promptly
| told about, and when it was re
/ echoed in the press, States At
/ orney Tscharner reluctantly fel'
! called upon to probe into the af
/, fair.
/ Tuesday morning the trial be
= gan, and verdict was not OBJ
tanned until late in the evening
or Wednesday. Logan Berry ap
q peared fer Mrs. Smalley Nessrs
s C. j. Dousnan and W. F. Eddy
S attorneys for the cOmplainin!
S witness, were not allowed to ap
s pear in their clients special be
S half. States Attorney Tscharne
L preterrlng to wage the battle o
Il habalf of the outraged dignity
+ peace and welfare OF the state 0
South Dakota, alone.
s The charges under which tn
i prosecution was made, wa
L rather a sweeping one assau.
( with a dangerous weapon wit
intent 70 Kill. Step by step thu
y scene on the SmaILey komestea
SO was fought over again-in tn
testimony Of the various princiE
y ais to the action. 1t must be az
mitted by all disinterested lister
| ers that Mrs. Smalley made
! good showing, as via cles
and steady vosce ana Wlthot
J hating or confusion she tod he
[ side Of the story, show 0
| the two men who came iAI9 u
| ward and took the horses SCENE
l to leave nothing undone, beside
| getting the animals, to humliiat
and irritate her. Less proyoc;
tion has tec1 Given ard create
sorrow ,H- trouble resulted
many a case similar to this one.
After argument by couns
. Justice Vallin on Wednesday e
I ening dismissed the case on Il
Grounds that the state had falle
to substantiate its charges MT
Smallev went out once more
free woman. The horses. hos
ever. are gone, never to retur