The Belding banner-news. (Belding, Mich.) 1918-1973, 1920-04-07
MARQUETTE LITER
IS TO Be GIVEN
A NEW TRIAL
FRAMED UP PLAN TO ROB JOHN
SMARY OF LIES SAVINGS
MURDER RESULTED

Sheriff Mark Hoppough, of Ionia
and deputy Murray, of this city, LETT
on the early train this morning
for Marquette where they go TO
bring back Charles and Edward
Ward two brothers, w h are
serving the second year of a life SEN
tence for their part IN the murder
of John Smarry, an aged resident OF
Ionia, in August 1918. Warren Utter
the third man of the murderers, all of
whom confessed their guilt, succeeded
i'm getting the Michigan Supreme
court to grant him new trial and
he was brought back from Marquette
for that purpose on Friday, March 13
The Ward brothers are being brought
back to be used as witnesses against
Utter at the trial which is to come
up during the April term at Ionia.
Briefly told the story of the Smarry
murder is as follows: Smarry, an
aged recluse, worked at the Ionia
pottery. Utter, who lived at Lyons
also worked there. He learned that
Smarry carried a large sum of money
on his person and went to Charles
and Edward Ward, teamsters, who
had not been working for some time
and devised a scheme to get it. Ac-
cording to the evidence in the case,
Utter planned the attack on the old
man and helped in getting the money
out of the victims clothing after the
death blow had been struck and the
old man lay PROSTATE before them.
He also was present when the money
jwas divided and took his one-third
share of the same.
Later on, when suspicion was dir
ected toward Warren Utter and the
two Ward brothers, they were arrest
ed and charged with the murder.
Utter, evidently thinking the game
was up as the officers had clean case
against him confessed his part in the
affair and on being arraigned, plead
guilty. Deputy Murray was present
when Utter plead guilty and he says
the gravity of the offense was made
clear to Utter and that the latter
thoroughly understood what murder
and its penalty was. Later on the
Ward brothers also confessed and
both made a clean breast of the whole
affair, the stories of the three men
agreeing in practically every parti-
cular with one exception-the Ward
brothers claimed that Utter told them
of Smarry and his money and that
he engineered the attack and Utter
denied although confessing to the
rest.
Later on when the three men were
arraigned before Judge f. ID. NJ.
Davis for sentence, Utter asked to
change his plea, which Judge Davis
denied, at the same time severely re-
buking Utter for his part in the muir
der. Utter, when he turned away
from the judge faced the people in
shouted people, / am innocent"
Utter, after being taken to Mar
quette prison to spend the remainder
of his life. made application for a
new trial and the supreme court
granted his request on the grounds
that Judge Davis should have allow.
ed him to change his plea. Mrs. Ut
ter has worked faithfully in the be-
lief that her husband is innocent TO
obtain the new trial for him and has
engaged an attorney from Paw Paw
to defend him.
The case starts at Ionia on Tuesday
April 13 and will be watched with
more than ordinary interest because
of the fact that Utter was convicted
and sentenced on the evidence of his
own and the Ward brothers confess
sions and just what his defense at
the second trial will be is not known
other than that he claims he had no
knowledge of what he was confessine
to.