| Show TINTtC DYNAMITE FIEND NOW BEHIND THE BARS John Smith Captured By Marshal Henroid and Two Cowboys Overtaken at Cherry Creek and Taken In Without Any Trouble Wil Be Brought to Sal Lake Special to The Herald Eureka Aug 29Driven to bay In the underbrush of Cherry creek beyond the water tank where he had spent the night John Smith the supposed dynamiter dy-namiter threw up his ands at 7 oclok this morning and surrendere to the officers of the law The honor of this important capture is due to Gus Benrold city marshal of Eureka and Dave Rutherford and Ren Lovel two of Samu 1cIntres cowboys These boys were the firt to sight the fugitive and following instructions S are of them engaged Smith In conversation conver-sation while the other ran back for 1larshal Henrold and James Morgan a Eureka stable man who was with him The officer was soon on the rouna and had his man covered with a Winchester rife Stopped By n Shot Smith made a break for liberty but n shot from the rife brought him to time He fell to the ground when the shot was fred whether from fright or in a vain hope still to escape Is not known He was ordered to his feet ant compelled to throw up his hands and while Henrold kept him covered with q his Winchester the boys unarmed and bound him At no tme did Smith show fight although he was armed with a 45calbre revolver The slightest resistance resist-ance on his par would have mlant his I death as his pursuers were expecting a desrirte fight before the desperado would submit to capture That he submitted sub-mitted 5 tamely is a surprise After his capture Smith was taken bark to the water tank where It is supposed he had sent the preceding night There lle was held while a wagon was sent for to convey him to Eureka The wagon was dispatched from Eureka Eu-reka In the forenoon The tem wa driven by Deputy Sheriff Cronin who was accompanied by John Brown private road pri-vate detective of the Rio Grande rail Arrival at Eureka As the day advanced the excitement I In Eureka Increased and at 35 ocoCk in the afernoon when the officers were sighted with their prisoner careful guarded so great becamehe throng of excited people in file sfet that it was with the greatest difficulty the lit I tie chalc1de forced its way through the wall of humanity al l1maniy The wagon pulled up before the city hal dnd jai I contained Willis Knapp foreman of Judge Power Orient Ori-ent mine who was driving James Morgan of Eureka occupying a seat with the prisoner and Marshal Hen raid In a seat back ot the prisoner As the prisoner arose preparatory to getting out he presented a marvelous specimen of physical manhood HisS His-S eyes which upon close examination proved steel blue seemed black and I shone like diamonds HE had a growth of beard but wIthal was prepossessing in appearance He had a hunted and started look as he surveyed the excited ex-cited crowd that surged about the wagon Obeying a summons from Hen rold he sprang quickly from the wagon and hurriedly followed the marshal mar-shal through the sheriffs office through the rear door into the jai In less time than I take to tel it the much sought outlaw was behind the bars As son as Henroid could extricate himself from the hundred hands that sought to congratulate him on his cap tune and his safe return he accorded The Herald an interview xtarsha1 Henoids Story I guess he said we had better begin be-gin at the beginning I I had depend < on the descriptions sent out from Salt Lake I doubt whether I would have captured SmIth However whe9 I left Eureka Monday I had minute de strlptons of the man and I kneW of his customs and habit I wi say this for The Sal Lake Herald Its accoUnt of Smith being in Diamond In Harvey Doles saloon and cashing a tme check on the Diamond Consolidated Mining company signed by Joseph Bid dlecome and subsequently going to Browns boarding house and again to lclntres ranch is absolutely correct cor-rect Smith slept at the Cedars outside of Diamond Sunday night and walked to McntTes ranch reaching there at noon Monday He was given dinner by Mrs Edward Casler He had been gone hut tn hour when Jim Morgan and I drove up and inquired f the folks at the ranch If they had had a visitor at lunch They said yes and that he had been gone scarcely an hour I asked which way he was heading and the lady said he asked the roul to Fish I Springs and De Lamar and also Rock I wels ranch She said she took him to the door and pointed out what we cal Maple Mountain trail leading over to the other side of the pump house I knew then that I was Dne right tri J called aside Dave RUtherford and Ben Lovel two boys haniesting at the ranch and asked them lfthey could strike that fellows trail They answered answer-ed yes and I said Teres 10 cash in It for you If you canOn can-On Smiths TaiL The boys started I following In the rear Ve found and followed the trail with little difficulty Ujt a violent rain ret In and washed out the trail We were at sea for several hours and worked up to the pump house by de gee I was still raining at dark j1d we made arrngement to stay all night keeping a watch During the night I Instructed Rutherford and Lnv eli how to act They were to tel Smith they were searching stock and that he wa on the wrong road and start him around on the trail where I would Intercept In-tercept him Ye found him In the morning without difficulty and tj boys gave him the stock story One stayed with him while the other ran back and notified me I bak notfed rai over the brow or the bill and found myself withIn with-In west 10 yards of Smith who was going Throw Up Your Bands I shouted Throw up your hands and he turned quick thward S tured tward me ap parenty wIth no Intention of drawing a gun r had to yell three times and i finally threatened to shQ t if he didnt comply with the derafd He shouted back Hands are up but they were not high enough to sul me and I took 5 shot at him aiming two feet to the right He fell In the sagebrush and I ordered Morgan to go around on his right keeping him covered with his gun as I was doing We slowly approached ap-proached and handcuffed him returnIng return-Ing to the pump house tired ana hungry hun-gry Ve got something to eat and Morgan went to the Orient mine and bot Knapp who drove us in Wrote the Herld Letter Smith talked quite freely In his cell torilht When asked if he wrote The Herald a letter Sunday he replied itnout hesitancy that he did I got The Herald Sunday morning coming from work said Smith and teadt In Doyles saloon I frt thought I woUld go to Sal Lake anddeny the chArges in the article then I thought I might get theworst of I and concluded con-cluded to go to Bingham where I have been working I made up my mind to strike out for some place so I got my time cheek cashed and got a bottle of water and started Yes I knew the officers were followIng follow-Ing me but I had no Idea they were so close unti Henrold hollered Throw up your hands and I turned to look into hie gunSmith gun-Smith was recognize by Officer In dOlph immediately upon alighting from the wagon about 33 I Is the Inten tjn tohave the prisoner leave Eureka on the morning train In custody of Randolph and Henrold Dugan the express boy who received sender the boxes Identified Smith as the Governor Wells who came over today to-day to visit the Grand Central and other mines is deeply Interested In the case and expressed gratification on Smiths capture Accurate News Service The Heralds forecast that Smith would be caught in the neighborhood of Chem Creek was accurate The Tribune Icated his whereabouts at the Homestakeminea place 1n point of fact where he never had been The I Herald reported Smiths capture this morning from Robinson at 8 oclock The Tribune knew nothing of the event I unt an employee of the Miners Supply Sup-ply company advIsed them at 10 oclock Information that they reluctantly reluct-antly received EVIDENcE AGAINST SMITB Positively Identified a the Man Sent the Boxes When the Smith case comes to trial the dynamiter will find himself up against a very powerful chain of evidence evi-dence direct and circumstantial New testimony cme to light last evening a lady 4nci her rn positively Identifying Smith as the man who last Friday de posited the boxes at the express office in Eureka Young Dugan who received re-ceived theta did the same The case against Smith begins with the threat he made against Judge Ro lapp several ers ago at Ogden Judge Power fPlointed Judge Rolapp to defend de-fend Smith and the later found a grievance against both of them There are any umber of Instances where Smith has threatened to kill Powers and even as late as the Saturday the volunteers returned home he said he would jut as soon kill him as look at him Then there is the Dow letter and proof positive that he deposited the boxes at Eureka I Is also known that he got the dynamite from the Diamond Consolidated mine and Marshal Hen reid has sent word that Biddleome saw Smith making the machines Tiddlecome and Blowers have talked to the officers and can give some vet damaging evidence against Smith i is understood If they tel the truth The onl thing that might keep them from s doing is that they are biter Judge Powers Biddlecome toWards Power BIldleome to1ards who has been In the PenitentiarY for murder jumped the Orient claim In which the judge is interested and with a number of other held i with firearms fire-arms against their rivals Judge Powers Pow-ers went into court with the case prosecuting pros-ecuting Blddleome and securing judgment judg-ment against him Blowers was sentenced to the peni tentary by Judge Powers for horse stealng He would not talk at Eureka last night until placed under arrest but powerful proof of Smiths guilt was secured from him Judge Powers was well posed on all the deveIornents in the case yesterday yester-day at Eureka I want tO express my great tPpre elation of the excellent manner in which the officers handled the case said he which has been better than the public knows The officers or nearly every city south of here have been on the alert and I am very grateful for their efforts Marshal Henrold has kept me Informed ol everything that occurred and has apprISe me of all his clues which proved correct In this connection I wish also to thank the Sal Lake police who have done everything every-thing possible to apperehend Smith JOY AT HEADQUARTERS Police Ofcias Gratified Over Dynamiters miters Capture There was genuine joy around police bright and ester headquarters brght early yesterday yester-day morning when Officer Randolph sent word that Smith was captured There was greater satisfaction when the news was confirmed a short time later and particulars were receive Acting Chief Janney was In communication communi-cation with the uab officers most of the dal but at 0 late hour last night had not received definite word as to when Randolph would start home wIth the prisoner Whether this morning or afternoon he did not know The chief was very much gratified to know that no fight had taken place as some 6 rlous troublE was expected Every effort ef-fort will now be put forward to secure the dynamiters conviction A great deal or evidence remains to be collected collect-ed In this city EXCITEMENT AT EUREKA Tk of Violence When Smith Was S Brought In Division SuperIntendent Joe Young of the Oregon Short Line returned from Eureka last night He states that the Smith falr has thrown the whole Tin I tc district Into wild excitement Every t > r Lj i thing else Is forgotten As he stood on the rear end of the train leaving Eureka Eu-reka yesterday afternoon Smith was being brouht Into Eureka in a wagon followed by a great crowd of people There was talk of vJolence said 11 Youfg and a geatmany people expected Smith would be lynched But i there Is any such disposition on the par of the people I presume the of fcer would stan It QUESTION OF JURISDICTION I Which Count Did Smith Commit the Offense II A interesting question of jurisdic ton has arisen In the Smith case Did I the sending of the packages by express consttute the crime or the receipt of those packages County Attorney Pike of Eureka said yesterday that Smith should be tried In Sal Lake county on the Powers coint and In uab on the Dow count cOJnt He takes this ground for the reason that Judge Powers box was actualy delivered to him while the Dow machine ma-chine was held up In transit The fact that Warden Dow did not receive the engine of destruction Intended for him will i is claimed make a better case against Smith I he sent I In uab county than In Salt Lake The reverse of course Is true In the Powers offense These questions frequently arise said Mr Pike and they arc mater of comity between counties I dont anticipate any disagreement at all I will be remembered that in the Botkin case here a box of poisoned candy was sent through the mails from San Francisco to Delaware I was decided de-cided that the Clforil court had jurisdiction This too notwithstanding I the fact that the death dealing sweets actual accomplished theIr mtssion HANDWRITING CONVICIS SMITH Man Who WroteHerald Letter Sent the Dynamite Experts are ready to assert that the boxes sent to Judge Power and Warden War-den Dow were addressed by the same hand that penciled the letters to The Brald and Warden Dow one the day before yesterday and the other last June They point out similarities in letters and words that the author has vainly tried to conceal and the handwriting hand-writing In the case will form a very material feature of Smiths prosecution A number of bankers who were seen I yesterday shied at fac similes of the I letters etc and were not Inclined to express an opinion for fear or being I called into court All hoeer admitted ad-mitted that there were powerful Indi I catons that Smith addressed the I dethdealng Instruments David McKenzie a boltteper at the I presidents office who is an engraver by trade Is probably the man best qualified in the city to pass upon the question After studying and comparIng compar-Ing all specimens of Smiths writing I with the addresses taken from the I boxes he gave The Herald the following I I follow-ing statement I Comparing the Handwriting Comparing frt the address on the Dow box adn the address on the Dow letter which Is signed by Smith one glance at the word penitentiary as i appears In each Is sufficient to show that the sdme man wrte them with a clumsy effort to disguise his hand in the box address The first letter pIs the same style the only difference being In the last stroke a difference that means the wrier was more de liberate in addressing the box The c and ns are just alike and the as unusually precise and complete beyond the The tale of the y extend letter In each and the same obtains throughout the specimens The word warden Is ldlslse The frt section of the w the precise a again and the hal complete loop of the d arc telling In fact his capital capi-tal s In all are commenced with the same infex even In Powers Initials where the great effort to disguise has been made G N the wardens InI tals have been written In pencil and redrawn wIth Ink and he has made the G paInfully unnatural After writing G ve started to write warden being nervous and at dIscovering his mistake mis-take wrote the other InltalNabove without scratching out the halfn ished W whch again shows the pre dominating infex Smith Was Nervous In addressing the Powers box his hand was cramped and It shook The detection that routs the disguise is In the word Lake The lat two letters are JrClsel the same as he has written writ-ten them In The Herald letter and on the Dow box He ha crossed his ts extremely high as In the other specimens speci-mens and the a is perfect for comparison com-parison In the word Utah though In the others he has been more careful Utah was the last wordwriten and he seemed to be more free P In Powers Is not complete denoting the unsteady hand incidentally it fur fishes the world a new system of penmanship pen-manship The letters are nearly aU unnatural Do In Dow has been retraced re-traced and it Is probably the letter he would disguise more than any other as his offhand D Is distinct and peculiar P In Powers and P In penitentiary the former In The Heralds letter are just the same notwIthstnding his flourish In the former Damaging Similarities One of the most damaging simiari ties I find In the letter U in Utah on the Dow box and In The Herald letter In the frt i was not whole owing to a poor pen but the two are nevertheless neverthe-less exact the same Summing up the whole I would say that the most damaging evidence I against SmIth so far as the writing is concerned Is found In the letters in warden Lake and Utah a con tamed In the addresses on the boxes and Smiths letter to The Herald Mr McKenzles statement will car great weight While In the engraving business In London he became so expert ex-pert that he could tel the work of any engraver In England simply by the tail of the letter 1 and he was often called upon by banking houses to detect de-tect forgeries Mr McKenzie is very modest over his ability however and at first declined to examine the Smith Instrument sayIng say-Ing holaid no claim to being a handwriting hand-writing expert He paused In his work and studied the specimens for a few minutes then gave the foregoing wIthout wIth-out hesitation hesiaton S THREATENED JUDGE ROLP Incidents of Smiths Trial Recalled at Ogden Special Correspondence Ogden Au 2News of the capture cap-ture of John Smith the dynamiter was hailed with great satisfaction In Ogden today On all side the hope was expressed ex-pressed that the man be sent nced to thee tate prison for life Since the attempted murder facts have been continually coming to light about the mans record whl In Ogden Judge Powers yesterday telephoned to exSherif Belnap saying that he remembered re-membered distinctly the threats made at the time of he sentencing of Smith as published In todas Herald A G Harris uasa juror in the Simth case and he too recalled the Incident which was in the old federal court room in Contnue on P Z 5 lt I TINTIC oYAM5 O i FIEND O NOW EHINO THE ARS Continued from page 1 the Dooly building Instead oC in thi Utah Loan Trust building Harris said the case seemed a clear one and he particularly remembered the desperate desper-ate character of Smith as revealed In the story of his capture as It ctime out In the trial Carl Loveland was then sheriff of Box Elder county and he traced Smith into the mountains secured assistance and guarded all avenues of escape untIl the prIsoner was stancd out Judge H H Rolapp then a young attorney In Ogden defended Smith and was at first the recipient of the latters gratitude as while In the penitentiary I 1p treettng Mr ti received a letter from the prIsoner his former client asking him to get the juror In the case to sign a request for his pardon Mr nolapp at the same time received a cane and a box the handlwori of Smith who sent them as presents The attorney could not get the desired signatures and so wrote to Smith who thereupon grew angr and wrtite an abusive letter to ang wNte nolapp sayIng he had placed the lat ters name on the list of thme to be done for when the culprit should get out of the pen Mr Belnap furtherr < called yesterday that Smith threatenned Dr Pike at the time he received his sentence Dr Pike had testified that in hs jUdgment the prisoner was sane and when the latter passed the doctor at the time sentence was pronounced Smith said Ill get you too |
