Devils Lake weekly world., 1911-07-28
THE SPERRY CASE
IS UP FOR TRIAL
JURY Is BEING SELECTED AT LA
KOTA TODAY-GREAT PAINS
ARE BEING TAKEN.
FIRST EVIDENCE IN MURDER
TRIAL WILL NOT BE INTRO
DUCED UNTIL TOMORROW.

Lakota, n. d., July 24.-The famous
Sperry murder case was started here
today, and this afternoon a ujry is be-
ing selected Much time is being tax
Ell in the selection Of the jury and those
who will sit in the trial will not all
be selected today. Tt is expected how
ever, that the first evidence will be in
troduced tomorrow.
The story of the case is unusual.
Kenneth Mckenzie, aged l6 years, the
son of Simon Mckenzie Of Aneta, met
his death on the evening Of October
16, 1910, between the hours of s o.
clock and S:45 O'Clock, by burning.
The hearing Of Sperry came Feb. II
and after lasting all day the accused
boy was bound over to the district
court. under $4,000 bail, which was
furnished Attorney Geo. D. Kelly
represented the defendant. sperry de-
MED every material allegation of the
alleged confession, said that it was a
"pack Of lics' and claimed that it was
secured from him by threats. This was
denied by States Attorney Skulason
and Sheriff Johnson, both Of whom took
the stand.
Several Theories.
With Sperry maintaining that the
confession he made was not voluntary,
that it was secured by intimidation.
and with Summerfeld sticking to the
original story told by him, the compli-
cations in the case are apparent. Both
the states attorney and Sheriff John
son claim that the boys statement was
voluntary, but Simon Mckenzie, the
father of the boy, was put on the stand
at the preliminary examination to tcs-
tifv with regard to this phase of the
evidence. Sheriff johnson admitted
that in their conversation of JAM IS,
with the boy Mckenzie may have
promised Sperry immunity, but stated
at the hearing that his memory was
not just clear.
But now comes an even stranger fea.
ture of the case \ careful pcrusal of
the evidence giving the testimony of
the father of the boy, Mrs. G. e. Ben.
nett and Mrs. Clara Scott, fail to show
that the boy described his assailants
in terms that would throw suspicion
on Sperry and Summerfield. The main
facts Of description in that strange
statement, were that the men were
about the same size, inclined to be
short and stout, that they talked some
foreign language, swore terribly ani
that he thought they were drunk. Ht
said he smelled liquor from the breath
of the one who held him down. Sperry
and Summerfield are not the sam.
height, the latter being several inche.
taller. Dr. Bennett testified at the pre-
liminary hearing that the McKenzi,
boy was short sighted, and this i
claimed by many to explain number O.
things. However the fact that tn,
Mckenzie boy could not recognize two
I boys of the city after they followed
him for three and half blocks, accord
ing to his own story, and passed il
front of a street light, does not tend te
make the solution of the murder any
easier.
The Accident Theory.
The accident theory, too, presents
problems that are quite difficult of solu
ton. The lantern was found lying or
its side with most of the oil poured out
and the cap was some three feet away
The lantern in question has the lever
lift arrangement and the globe was ur
when it was found. The testimony al
all in the hearing in connection with the
case show that there was a strong odo1
Of kerosene on the clothes and the mail
difficulty with the accident theory i.