The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-02-14
WIDE INTEREST
in The CASE
BINDING OVER OF sPERRY ON
MANsLAUGHTER CHARGE GRE
ATEs NEW COMPLICATIONS
SOME DIFFICULTIES PRESENT
ED BY THIS CASE.

Grand Forks Herald: The result Of
the preliminary hearing of Clyde Sperry
| at Aneta on Saturday, when the boy
was bound over by Judge Templeton
to the district court on a charge of
manslaughter in the first degree, Is at
tracing considerable interest through
the state The situation now presents
an extremely complicated aspect. sum
merfield, who Sperry implicated - In
fact on whom he threw the entire
blame for the burning of Kenneth Nc
Kenzie-was dismissed at a preliminary
hearing at Lakota a short time ago
Now Sperry awaits trial on the charge
as result Of confession made some
weeks ago to States Attorney b. G.
Skulason of Nelson county, Sheriff
johnson and Simon Mckenzie. the
father of the boy. In the trial at
Aneta, Sperry, the boy, steadily stuck
to his story that the confession he
made was a "lot of lies" and that the
true story of what he and Summarized
did on the evening that Kenneth Nc
kenzie was burned was as he related
1t at the cJroner's inquest With
Sperry maintaining that the confess
sion he made was not voluntary, that
1t was secured by intimidation, and
with Summerfield sticking to the or
iginal story told by him, the compIica-
lions in the case are apparent. Both
the states attorney and Sheriff John
son claim the the boys statement
was voluntary. but Simon Mckenzie
the father Of the boy was not put on
the stand to testify with regard to
this phase of the evidence. Sheriff
Johnson admitted that in their con-
versation of Jan. IS, with the boy,
Mckenzie may have promised Sperry
immunity, but states at the hearing
Saturday that his memory was not
just clear.
But now comes an even stranger
feature of the case. A careful perus-
al of the evidence giving the testimony
Of the father Of the boy, Mrs. C. e.
Bennett and Mrs. Clara Scott. fails to
show that the boy described his as
sailants in terms that would throw
suspicion on Sperry and Summerfeld.
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 thew talked
some foreign language, swore terribly
and that he thought they were drunk.
He said he smelled liquor from the
breath Of the one who held him down.
Sperry and Summerfield are not the
same heighth, the latter being several
inches taller. DIR. Bennett testified
at the hearing Saturday that the Nc
Kenzie boy was short sighted, and this
is claimed by many to explain num-
Der Of things. However, the fact that
the Mckenzie boy could not recognize
two boys of the city after they fol-
lowed him for three and a half blocks,
according to his own story, and passed
in front of street light, does not
tend to make the solution of the rnys-
terry any easier.
The accident theory, too, presents
problems that are quite diflcult OF
solution. The lantern was found ly-
ing on its side with most of the oil
poured out and the cap was some
three feet away. The lantern in ques-
ton has the lever lift arrangement
and the globe was up when it was
found. The testimony at all hearing
in connection with the case showed
that there was a strong odor Of kero-
sene on the clothes and the main diff
explain how the boy could have un-
screwed the cap and spilled the kero-
sene over him. 1t can be easily seen
how If his lantern went out and he en-
deavored to light it again, he could
easily set himself on fire if his clothes
were saturated with kerosene, but
how to explain such santuration is in
deed difficult.
These and many other problems
arise in trying to arrive at a solution
of this remarkable case, Another
theory which is meeting with consid-
cradle approval is that the burning
was in fact done by two such men as
the boy described, "yeggmen," drunk
and with their beastial natures in
famed. 1t is urged that the boy may
have been assaulted and that the oil
was then poured over him and set on
fire. To support this theory. which Is
in fact the one that comedies with the
boys statement, is the statement OF
Mic Johnson, an Aneta storekeeper.
who testifles positively that on the
evening of July Is, he saw two men
about medium heighth and rather
stoutly built in his store. These men
correspond with the description given
by the boy in his statement.
The three theories then offered by
the burning of Kenneth Mckenzie are,
first, that 1t was sn accident, second
hat it was the work of yeggmen, and
third that it was the prank of Sum-
merfield and Sperry. Each of these
theories has its supporters, and which
of them is in fact correct will proba-
bly, never be solved, for the lips o.
lhe enc human being who could clear
up the mystery are now closed for
ever.
TT M II Z ~