Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1916-1918, 1916-12-19

! dIlu DIdhculdA LAWS "CIc tllC lIlOSl DC.
riously injured but all will recover,
doctors said.
ed from old settlers, dominated the
district.
The trouble between Frank and his
cousin Alice started about two years
ago following the burning or a house
in the neighborhood out of which
! family distasteful to brother of Mrs
Gerlach was to move. The brother
was arrested and charged with arson.
At his trial Mrs. Gerlach testified for
the prosecution. Frank Smith, on the
ether hand stood by his cousin
throughout the trial and even took the
stand for the defense. Following
Smiths conviction Frank Smith up
! braided his cousin for what he termed
"treachery to her brother especially
since at that time Mrs. Gerlach and
her two sons, and 10 years old, were
! living at the brothers home.
! After Walter Smith had been sent
to the penitentiary fire BEGAN to be
/ discovered. at intervals in the Poker
Hill'' school house near Mrs. Ger
lach's home. Witnesses testified in
the present trial that there were ru-
rors circulated that Frank Smith was
setting the fires and erdeavoring to
throw the blame on Mrs. Gerlach in
an effort to revenge himself on her
for testifying against her brother.
Shortly after, Smith began to re-
ceive and reported the receipt Of
| threatening letters, some unsigned
and some signed with the letter c.
Frank accused Mrs. Gerlach of send.
ing the letters but the prosecution in
the present trial contended that Frank
wrote and sent the letters to himself
in order to cause trouble for his cous-
in. One of these letters. written, it is
said, in blood. was found on Frank
Smiths person when he was arrested
| following the shooting of Mrs. Ger
ZACH.
Following the threatening letters
some unknown individual began cut
ting large pieces out OF Frank Smiths
barbed wire fences, and the same ru-
mors circulated about the fence cut
ting atrocities" as had been wills
pered through the hills with regard to
the fires and threatening letters.
A little later began the series Of
misfortune which played such large
part in the trial Frank Smiths ED.
est boy Emery, was a favorite with
his grandfather and spent much Of the
time at the old mans home. One day
the lad and his grandfather started
on hunting trip. Ans hour later the
old man returned bearing the child in
his arms: dying from gunshot wound
from gun which had been accidental
AZ vryht hn
was crossing a trench.
The defendant and his mother testi-
fed that this occurrence, had been
foretold in dreams Also that morning
a strange bird had been discovered
trying to get into one of the windows
in the Smith home. A short time later
Smiths baby fell i'll, and the bird ap-
peared again. This time Frank shot it.
Half an hour later his father came to
see the sick child and fell dead beside
the bed.
Meantime the threatening letters
had been resumed and Smiths wife,
according to her story told on the wit.
ness stand. had twice been shot at by
Mrs. Gerlach as the latter was driving
past the farm Regarding this Incl.
dent Smith told the jurors that on one
occasion he had been forced TO fee
into his house because Mrs. Gerlach
fourished revolver at him as she
drove past.
On the day of the shooting, accord
ing to the testimony. Smith met Mrs.
Gerlach in Unionyille and charged her
with writing him the threatening let
tiers. He testified that he saw her
| I, nd foo rod chic
was searching for revolver. He told
the court that when he saw her put
her hand under the cushion on the
buggy seat, he had an explosion in
Ibis head" and remembered nothing
further until he found himself in jail.
charged with murder. Smith. accord
ing to witnesses. shot Mrs. Gerlach
twice with shotgun, killing her in
stantly.
During the trial the state con-
TENDED that Smiths alleged queer
actions were due to generation
old superstitions of the families. the
belief in signs and portents and the
fact that the defendant was known to
have been heavy drinker. The de-
Tense claimed that the fact that
these superstitions existed showed a
strain of insanity or trend in that
direction in the family and that the
misfortunes he had undergone preyed
on Smiths already weakened mind, ul-
Ultimately driving him insane and result
ing in the shooting. Mrs. Smith. the
defendants mother, testified on the
witness ytand that prior TO her sons
birth she had been subject to hallu-