The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1916-02-25
15TO21 YEARS
FOR AFFORD
Youthful Slayer of Oliver Smith Con-
victed of Manslaughter After
Hard Fought Legal Battle

1915, by a jury in Circuit court here
Friday morning. His sentence was
fixed at confinement in the state PEN
itentiary for period of not less than
Is nor more than Fl years. The jury
nor more than Fl years. The jury
which tried the case was composed OF
Messrs. H. d. Aldridge, C. B. McGuf-
fey, Ollie Murphy, M. F. Herrin, w.
G. Withers, H. c. Anderson, G.. f.
Crawford, George Wood, Josh Will
son, John Peoples, Mack Lawson and
J. S. Campbell.
The case was hard fought in cir
cult court for two days, and the jury
deliberated from 10 o'clock Thursday
night when it was put in their hands
until Just before noon Friday.
Afford was represented by Attor-
news George ID. Florence and j. 5.
Owsley, while Commemorative At
torney Emmett Puryear and County
Attorney w. S. Burch, prosecuted.
Mrs. Oliver Smith, daughter OF
I. Durham, of Mckinney was the
first witness put on the stand by the
prosecution. Affords aged father
and mother. Mr.. and Mrs. j. j. Al
ford. were at his side constantly dur
ing the trial.
Wife of Murdered Man.
Mrs. Ella Smith, widow of the
murdered man, was the first witness
put on the stand by the Common
wealth. Mrs. Smith was dressed IN
black and gave her testimony, whch
was very damaging to Afford, IN
clear and even voice which earned
conviction with it. She said that
Smith was 35 years of age at the
time of his death; had been a farmer
most of his life; and that they had
six children. She was with him at
the time he was killed. In response
to questioning by Mr.. Puryear, Mrs.
Smith detailed the events leading up
to the death of her husband. She
said that about dusk on the day he
was killed, she was at the home OF
Mrs. Kitrell, who lives on the pike
south of Mckinney. Her husband
came up in front of the house ac-
companied by Ethrage Afford. She
asked Mrs. Kittrell to call her hus-
band in. and he came in and then he
asked Mrs Kidwell to call Afford IN.
He refused to cone in and Smith
then asked Mrs Kittrell to tell Al
ford to send the bottle of whisky
in. Afford, replied to Mrs. Kittrell,
she testified that he had said he
never intended to darken her door
again, and he meant it. She said
that her husband then went out and
got the whisky and put the bottle
in his pocket. She could see him and
Afford talking but couldn't tell what
they were saying. They did not ap-
near angry. She said Afford then
went off in a cart with Claude
Hughes and Gaines Baugh. She did
not know whether the other two men
were there with Afford before that
or not. After Afford had gone, she
said, that she and her husband with
their baby, about year old started
home. she carrying the child. and
Mr.. Smith having his coat off and
over one arm. They started up the
lane to their home about a half mile
from the pike. When they were
about 100 yards up the lane, they
heard Afford come running after
them. No one was with him. He
had a gun in his hand. She said that
Afford said:
"Wait there, Oliver, / want that
whisky" She said that her husband
stopped, turned around and said to
Afford:
what do you mean coming up
here with that gum"
Afford replied: 81 want that whis |
ky; every drop of it."
Mrs. Smith said her husband then |
told Afford, 81 will give you half of !
it but not all of it. i haven't nary a |
drink for in the morning"
To this Afford replied that he was
going to have "all of it.
Mrs. Smith then said that each |
man asked the other if he had not al
ways treated him right in every way,
and both agreed that they had. AL
ford then insisted upon getting all
of the whisky while Smith would |
agree to give him only half. Mrs.
Smith said she walked on 10 steps
while they were talking, and that |
her husband then turned to follow
He turned his back to Afford, and
as he did so. Afford shot him. The
load entered behind the right ear
and killed Smith instantly. She said
that Afford then turned away and
went toward the pike She put her
baby down and ran to her husband.
She said that her husband had a pis-
tol IN his coat pocket, but that it
was not loaded as she herself had
taken out the loads the night before.
She said her husband had left it in
bureau drawer and she was afraid
the children would get hold of it.
Upon cross examination by Mr..
Florence, Mrs. Smith said that she
was not aware that her husband had
any particular purpose in putting the
pistol in his coat pocket when he .
went out. She said he knew the |
oads We're not in 1T. The court sus-
aimed objection of the common !
wealth to Mr.. Florence's question as :
% whether she had had any trouble 8
With her husband and had drawn the :
rom using it against her. She said 4
however, that she didn't take cut the +,
Dads because she was afraid he Q
vould use it on her. She admitted I
hat her husband might have been 2
thinking some but that he was not
trunk the evening before She said t
le had taken only one drink that I
lay, and that in Mrs. KittrelPs | a
louse. l(
Henry Afford, cousin of the ac- i
uSad WAS n1oood IN A. ox.-l LII