The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-11-20


Although a motion was made by
counsel for the defense in the Windy
Smith case for the court to advise the
jury to return a verdict OF not guilty,
the court decided to allow the case to
go direcriy TO that body without a
charge.
When the jury reported at 2 o'clock
this afternoon Judge Pollock made the
above announcement. The arguments
began at once and it was thought the
states attorney was just about ready
to close to let the jury retire when
The Forum went to press.
Windy" Smith himself was the only
witness called to the STAND for the de-
tense today. His testimony was not
long and when he had concluded r. NJ.
Pollock, one of his counsel, asked that
the jury be temporarily excused in
order that he might make motion
| for the court to advise the jury TO
return a verdict of not guilty.
The state rested at 10 o'clock this
morning after a number of witnesses
| had been called to the stand, all of
whom corroborated the story told by
/ the defendant himself. Some of the
witnesses did not see anything but the
! shooting and saw none of the circum-
stances leading up to the same.
/ The story told by Mr.. Smith was
i
i laughter in the court room now and
then. He said he saw the stranger
| early ON the morning OF the day of the
Il shooting last May in front OF the
restaurant and overheard the dispute
between the proprietor and the man
wherein the latter declined to pay for
his breakfast. He saw the man was
somewhat belligerant character and
notified Marshal Keep, through the
tsyfo FlNN
of the badman's presence in the viii
ilage and what had happened.
Three Times and Missed.
The defendant stated on the stand
that when the marshal came, the bad
man refused to be arrested and drew a
revolver on him. In his testimony
Yesterday afternoon Marshal KeeI
said that though he was deaf. he heard
the click of the weapon. Smith saic
Keep shot twice at the man and miss
ed him and then he himself took tbs
gun, firing three times without any
effect.
4 Attorney Callahan asked how great
was the distance between the defend
ant and the badman when he fired tht
rifle and the answer was that 1t was
II only from one end of the building t
the other. The witness stated he was
unaccustomed to the use of frearnn;
other than revolverS,, as he never weni
/ hunting or engaged in any of the pur.
suits which would familiarize hin
with Larger guns.
The badman warned the marsha
and Smith to let him alone, remark,
ing he had killed "a thousand men" II
T his time and it was best to keep theil
distance. He then started out 70
I, ward the home of Sen. Frank S. Tai.
|, cott on the outskirts of the village
where he found only one servant abou
the place.
After the man had gone in the direc
ton OF the Talcott home, a posse wa
organized among the Buffalo citizens
by S.. G.. Moore, president of the village
, board. Mr.. Smith was deputed by hin
!. to assist the town marshal in tn
capture of the bandit.
II They overlook him along the N. F
fright of way between Buffalo ant
Tower City, where he was commando
|, to halt. The members of the poss
, were driving on dray. They ha'
ii with thern the shot gun which ha,
!, previously been fired without success
at the man by both Marshal Keep an,
i / Smith.
& When they came within view of tn
! bandit he turned OH them with his gun
/ There was only one cartridge arnon
the members of the posse and the.
/ | returned to the village for NOR
( ammunition When they set out agail
Continued on Page Ten.