Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-12-31
KILLING OF SMITH
WAS ACCIDENTAL" !"
Verdict of Coroner's Jury in Case
of American Duck-Hunter,
Shot by Canadians.
INQUIRY HELD AT FORT ERIE
Testimony Reveals Some of Fear
Fealt of German Raid From
American Border.
[special 10 The Times.pispntch. ]

L
BUFFALO. y. Y, December 3o.-No
one is held responsible for the killing
of Walter Smith. American duck
hunter. and the serious wounding of
his friend. Charles Dorsch. by Ca
madam militiamen on Monday.
Accidental" is the term applied to
the shooting by the jury in the civil
investigation held in Fort Erie o-day.
The military court met afterward and
adjourned.
\ The verdict says Smith met his death
whoe ''cvading arrest for unlawfuEy
shooting ducks out of season in Ca
madam waters, by n volley delivered
accidentally from the rifles of three
Provisional Officer Thomas Delaney to
assist him."
United States interests were repre-
sented by Eice-Consul j. b. Curtis.
as Consul Messersmith, who was re-
called yesterday from Il vacation at
his home. in Delaware. did not ar
rive in time TO take part In the in
quiry. Crown Attorney r. ID. Cowper,
of Welland. conducted the investiga-
ton for the Dominion. Military au-
thorities were represented by the
Court of Inquiry, appointed by the
Dominion government and composed
of Colonel G. u. Ptolemy. command
ing the Welland Canal forces: Lieu
Forty-fourth Regiment; Major Donald
Sharp. Captain John Hartman and
Adtutant Ingalls,, of Toronto
chief Delaney. who called the
militiamen TO assist him in the arrest
OF the Americans for violating the
toned the soldiers to fire over the
mems heads. He declared the men
had got into their boat and were MAX
ing away when he told the soldiers:
We'll, boys, they have gone"
'One OF the soldiers said: Well
give them parting scare" the chic
said. and told them, for Gods sake
don't hit them One or two shots rang
out. and the two men fell in their
boat thought they were trying TO
TESTIMONY SHOWS FEAR
OF RAID by GERMANS
Here the chiefs testimony showed
some of the fear of a German raid
the Niagra Canadian frontier on ten
ter hooks.
When did you hear they were shot ?'
he was asked. .,s,
When reached the street near my
home. my fve-year- old son rushed IN
TO me and cried: Daddy, the soldiers
killed two Germans and the other three
got away.
Il was told n boat had been seen
foating down the river with the two
men. Some one got the boat ashore
and Smiths body was taken TO Fort
Erie. while Dorsch was rushed to n
Buffalo hospital"
Delaney said he did not sec Dorsch
raise his hands in token of surrender.
other witnesses testified this was
fact, but added that Dorsch soon after
ward got into the boat and with his
companion tried to row away
According TO the soldiers, each of
whom was called, the shots fired were
not intended to injure either hunter,
but to throw good scare into them"
nc f.NA
leys fired. In the last however, there
We're only two shots, the militiamen
said
Special attention was called to the
crown attorneys statement that IAN
officer has a right to call on any one
civilian or soldier. If this assistance
was denied, the person so refusing
would be liable to Indictment
Who gave the order TO fire the vol
ley that caused the death OF Smith and
the wounding of Dorsch was not de-
n:tcly ascertained.
Private kinsman. who with Corporal
kahl and Private Macintosh, formed
the detail sent to assist Chief Delaney
in his duties, said he fired without
knowing who gave the command.
1T was given by some one I sun
pose, In superior authority to me-" he
said
But don't you know by whom ."
Vice Consul Curtis asked
Well, | think it was Chief Delaney"
AMERICANS DID NOT
FIRE AT SOLDIERS
Peter Watson. of Fort Erie, an eve
witness of the shooting. said Dorsch
was on an ice foe when the witness
saw him shoot at duck. miss it. and
then throw his gun on the ice break
ing the weapon.
Didn't they fire back at the SOL
diers?" lie was asked
They did not asserted the witness
emphatically.
How far away were they? Could
you hear them yell?"
"One was about 200 feet: the other
was too far out for me to hear what
he said"
Did you see the man on the ice
raise his hands as if to surrender"
Yes. he did ii twice"
volley?'
yes, both fell backward into the
boat"
Reports We're current here to-niplSt
that some financial reparation, not be-
cause of obligation. but because of
semioflicial sympathy might be made
TO the Smith family.
Chief Delaney, when asked as to
this. said:
Canada nor money can restore their
son and brother"
Delaney was visibly affected by the
verdict. 1t was learned that some of
his friends had taken his revolver
from him on the day Of the shooting.
as they feared he might attempt sui
cide because OF brooding over the
shooting.
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