The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-09-28
TWO CHARGED
WITH MURDER
AFTER INQUEST
Coroner's Jury Returns Yer
dict at MO0rhead, Mime
sofa, on Death of Transient
HAPPENED IN 1920
Details of Crime Were Tod
by Two Witnesses-Victim
Struck With q Gun

, Fargo, Sept. 2S.-Both Roman
Furst and Carl Marwitz are charged
with the death of Ray Smith, tran
sient, in the verdict returned by the
coroner's jury which sat in the in
quest over the skeleton of Smith,
which was dug up in a field on the
Peter Engels farm, 10 miles south
west of Barnesville, Wednesday eve
ming. Papers which have been ready
for several days, charging Furst with
first degree murder, have not yet
been served on him, and County At
torney w. George Hammett stated
that he had not yet decided to charge
Carl Marwitz with first degree mur
der.
The jury, after hearing the testi-
mony of four witnesses, DR.. G. l..
Goslee, who examined the skull and
otner bones; Sheriff P. E. Malvey,
who conducted the search for the
grave; and Leonard Mallinger and
Fred Marwitz, brother of Carl, who
charged Furst with the murder and
who declared that they had helped
bury Smith, returned the following
verdict:
eve, the coroner's jury, find that
the said Ray Smith came to his death
at the hands Of Roman Furst and
Carl Marwitz by violent means, to
this town unknown, on or about the
18th day of October, 1920, in the
town of Atherton, Wilkin county,
Minnesota, at point within "A rods
of the south lire Of Clay county"
1t was signed by J. o. Paxton, Ras-
mus Larson, Harry Hasaldahl, Mar
tin Hascldahl, B. w. Rtsness and
Richard Peterson.
Details of the crime were told by
Leonard Mallinger and Fred Marwitz.
Smith, they testified, was struck-in
the head with a double -barreled shot
gun and then shot with % caliber
revolver as he stood by the side of
the broken down car in which he,
Furst and Carl were returning from
Barnesville to the Furst farm.
Struck on Head, Then Shot.
Mallinger testified that Smith was
struck ON the head first because
"they (Furst and CarD were afraid
he might get up and run away if they
shot him and didn't kill him right
away"
: Mallinger was the third witness
called. He declared that Smith was
about "a Or 26 years old, that he had
spoken Of a father in st. Paul and a
brother in South Dakota, and that he
had last seen Smith alive about 10
4. m. on Sunday, October II, 1920,
at Furst's farm. The next time he
saw Smith, the latter was dead and
his body was lying by the side of
the Maxwell car. This was about
2, or $3.50 in the morning of Monday,
October 1s, 1920. The car at this
time was in Atherton township,
Wilkin county, on what was known
as prairie road, southwest of
GAINESVILLE Officials believe the
crime was committed at this place.
Hid Body In Hog Wallow.
Mallinger testified that Furst and
Carl called him and Fred Marwitz
out Of bed, saying they wanted a
team to haul the car in. He also de-
clared that Furst said he had killed
Smith, but added that he didn't be-
iieve it. Fred was spending the
night with Mallinger in a house
about four miles west of where the
body law, then hidden in hog wal
low some 10 or IL rods south Of the
road and the car. A horse ,owned
by Mallinger and one owned by Fred
was hitched to Fred's buggy after q
pole had been fastened onto it 70
permit its use with a team and tie
four men drove to where the car was
standing.
The team was hitched to the cai
and the buggy fastened behind. TAe
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