The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1915-06-25
JUDGE FOSTER HOLDS
Afford TO GRAND JURY
Slayer Of Oliver Smith Refused Bail
at Examining Trisl-Defense
Introduces One Witness
Judge Foster. who presided a

Judge Foster. who presided at the
examining gtrial Of Esthrage Afford
for the Killing Of Oliver Smith, held
the defendant over without bail. IL
was his first case, bDs ne presided like
veteran and rendered his decision in
a few seconds after the attorneys
announced that they were through
with the introduction of witnesses.
There were no speeches. Attorney
George ID. Florence represented Al
ford and County Attorney W. 5.
Burch conducted the prosecution.
The story Of the killing appeared in
Tuesdays edition of the Interior
Journal and is fresh in the minds of
our readers. The trouble was over a
bottle Of whisky and over the posses
sion Of it the two fell out and Afford
shot Smith in the head killing him in
stantly.
Probably the most damaging wit
ness for Afford was his first cousin,
Henry Afford, who swore that Es-
thrage Afford came to him between
seven and eight o'clock on the night
Of the killing and asked him to loan
/ him his gun, saying that he had been
"run over" that afternoon as much
as he intended to be. Afford said he
told him he could not have it, when he
said he would go home and get one.
Henry Afford also testified that when
he went to the body of Oliver Smith
the dead man still clutched SO pis-
toll in his right hand. He also saw a
bottle of whisky which was taken
from his pocket, or which had fallen
from il.
Mrs. Smith. wife oil the dead man,
said she was at Mrs. KittrelPs when
her husband and Afford came up to
the gate. Smith came in but Afford
would not. Later Afford sent some
whisky in the house and some of them
drank part of it. Afford sent word in
that ne wanted his whisky back and
Smith went out and had talk with
him. Afford then went off in a cart
with Gaines Baugh and Claude Hugh
es. Later in the evening Mrs. Smith
accompanied by her little child and
: her husband started home. They haC
gotten about half way, she said, wher
she saw Afford coming with gun II
hand. "Stop there" Afford said, -
want my whisky" Oliver told him HI
, would not get it and asked him what
he meant by following him with {
gun. Afford continued to say that he
, wanted his whisky, when Oliver offer
ed to divide it. Il want all or none,
, said Afford and II am going TO have
b it," He then lifted his gun and shot
Oliver. | saw no pistol and if he had
! one it was empty. as ] had unloadeo
= it that day. fearing the children would
get hold of il. My husband had start
/ ed toward home when he was shot.
2 The defendant said that he was %
years old. a son Of A. ]. Afford anC
} for the past few wears had been
; working on the railroad. but the cut
= ting down of force had let him out
that he was now engaged in farming
; He admitted sending into the Kittrel
house for his whisky several times
| and said that Smith after awhile came
out and drawing his gun on him
! cursed him. He left and went HON,
) and as he had engagement that night
, at the home Sam Douglas he hat
to go over the road leading by Mrs
; Kittrell's and near Smiths home. HI
) took his gun along for protection, bu
; did not think of any trouble will
p Smith. although the latter had drawn
MS plSsOl on anu CuISeu Hiil' III
Claude Hughes and Gaines Baugh,
stopped at Mrs. Kittrelrs and tried t
get my whisky. the boys having tol'
me they wanted a drink. | was toi'
D that Smith had gone home. ! went oil
with the boys in their cart, but shor
D way further their horse fell in ditcl
and | left them. ! overlook Mr.. an
Mrs. Smith asked him again to Civ
5 me my whisky, and he again curse
4 me and stepping back. drew his pis
: tol from his coat pocket. | grabbe
: my gun, which | had set down by
,. little bush and shot him. though
d my life was in danger and shot tq>Hv
: myself.
Some six or eight witnesses test
a fled FOR the Commonwealth but onl
II one-Alford himseli-for the do
, Tense.