Norwich bulletin., 1914-12-31
Duckhunter Was
 Evadinlg Arrest
VERDICT RETURNED BY coRo-
 NER's JURY AT BUFFALO.
REFUSED TO GO ASHORE
Testimony Showed That Men Were Trying to Escape and That the Shooting Was Unintsntional.

Buffalo, \. Y~ Dec So.-A coroner,s Jury at Fort Erie, Ontario, empaneIled to investigate the death of Walter smith, the Buffalo man shot by Cana dian soldiers. on Monday. returned it's verdict tonight after hearing the tes- timony of the soldiers, Thomas A. De fancy, a provincial police officer, and several eye-witnesses.
 The verdict was:
 coroneTs Verdict.
 We find that the deceased. Walter smith, met his death on Monday fore noon. Dec. 2s, while evading arrest for unlawfully- shooting ducks out of sea son in Canadian waters by a voIIev delivered accidentally from the rifles or three milltiamen who were called upon by Provincial Officer Thomas De- fancy to assist him."
 Officer Delaney Assumed Rssponsi-
 biIity.
 Oficer Delaney. who occupied the stand for more than an hour, took the responsibility for the whole affair on his own shoulders. He called upon the soldiers to help him make the ar rests, he said, under the law that per mits an officer of the law to call upon any citizen for help in an emergency and ordered the firing.
 J. B. Curtis, United States vice con- sul, questioned the officers authority to call upon the soldiers. but he was
 
 Delaney had such authority under the laws of Ontario.
 Refused to Come Ashore. omcer Delaney testified that he had l watched Smith and his compauion. Dorsch, who was wounded at the time smith was killed, shooting ducks from canadian waters. He called to them to come ashore; that they were under l arrest They refused He then tele- phoned for the soldiers.
 want to arrest those two fel- lows, Delaney testified he told the but don't hit them"
 Cautioned Soldiers.
 When the bullets from the first and second yoileys splashed near the hunt CTS boat, Delaney said, he again eau noned the soldiers not 10 shoot so The third and fatal voiIevs Delaney said; was fired after the hunters had headed toward the American shore. He nad told the soldiers to let them 20. when one Of them said: Let's give them another scare" and he consented. Only two of the soldiers fired.
 Did Not Realize Men Were Hit.
 Delaney said he saw the men drop | Into the bottom of the boat but did not realize at the time they had been hit The boat drifted with the current | down toward the ferry landing. half a mile below, and Delaney and the sol diers followed along the shore road The first I knew of the men being | hit. Delaney testified, was when my year old boy came running up to me enar the ferry landing. saying: The 1 soldiers have killed two Germans.' ! then realized that the hunters had been shot"
 Archibald Kayo, a corporal. and Ed mund Mcintosh and Leslie Kinsman, i prlVates, who composed the firing squad. testified that they had acted under instructions from Delaney as a. peace officer. All swore pos lvely Smith and his compa nion.
 Soldiers Held as Military Prisoners. While the coroners verdict releasey | the three soldiers as civilians they are still prisoners at the barracks pendine the result of a military inquiry held simultaneously with the civil proceed ings. All witnesses before the coroner I testified af c.