The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
FIND SMITH IS
NOT TO BLAME
Cass County Jury Exoner.
ates windy of the Muir
der Charge.

Fargo. n. D.. Nov. e1.-After hav,
ing been out about twenty minutes the
jury in the case Of Windy Smith re.
turned a verdict Of not guilty at 3:AO
this afternoon.
Although a motion was made by
counsel for the defense in the Windy
Smith case for the court to advise the
the court decided to allow the cas- to
so directly to that body without q
charge.
When the jury reported at ? o'clock
this afternoon Judge Pollock made the
above announcement. The arguments
began at once.
Windy" Smith himself was the on.
ly witness called to the stand for the
defense today. His testimony vas not
long and when he had concluded r. NJ.
Pollock. one Of his counsel. asked that
the jury be temporarily excused in or
der that he might make a 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 satnd. all OF
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 in
teresting and provoked a ripple OF
laughter in the court room now ana
then. He said he saw the stranger
early on the morning of the day Of the
shooting last May in front Of the res
tween the proprietor and the man
wherein the latter declined to pay for
his breakfast. He saw the man was a
somewhat belligerent character and
notified Marshal Keep. through the
latter's son. who was standing nearby.
Of the bad mans presence in the vii
lage and what had happened.
The defendant stated on the stand
that when the marshal came. the bad
revolver on him. In his testimony
yesterday afternoon Marshal Keep
said that though he was deaf. he heard
the click Of the weapon. Smith said
Keep shot twive at the nan and miss
ed him and then he himself took the
gun. firing three times without any ef-
feet.
Attorney Callahan asked how great
was the distance between the defend
ant and the bad man when he fired
the rife and the answer was that 1t
was only from one end Of the building
to the other. The witness stated he
was unaccustomed to the use of fire.
arms other than r%evolvers. as he never
went hunting or engaged in any Of the
pursuits which would familiarize him
With larger guns.
The bad man warned the marshal
and Smith to let him alone. remark
ing he had killed "a thousand men, in
his time and it was best to keep their
distance. He then started out to-
ward the home Of Senator Frank S.
Talcott On the outskirts Of the village,
where he found only one servant about
the place.
After the mar had gone in the direc-
ton Of the Talcott home. a posse was
organized among the Buffalo citizens
by s. 6. Moore( president Of the VIII
Ilage board. Mr.. Smith was deputed
by him to assist. the town marshal tn
the capture of the bandit.
They overlook him along the N. p.
r~ight-of-way between Buffalo and
Tower City. where he was commanded
to halt. The members Of the posse
were driving on a dray. They had
with them the shotgun which had pre-
viously been fred without success at
the man by both Marshal Keep and
ISmith.