Monroe County AlArchives News.....David K. Smith Preliminary Trial July 22, 1909
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File contributed for use in USGenWeb Archives by:
Elizabeth Lloyd  Marsden marsdenfam@hotmail.com October 10, 2007, 1:10 am

Monroe Journal July 22, 1909
The preliminary hearing in the case of David K. Smith for the killing of 
Senator Oscar O. Bayles began before Hon. I.B. Slaughter, judge of the County 
Court, Tuesday afternoon.  The taking of evidence was completed Wednesday 
evening and argument will be submitted this morning. The state is represented 
by circuit solicitor Oscar L. Gray and Mr. Hybart & Burns, Mr. McCorvey & Hare 
are for the defendant.  Seven witnesses were examined for the State and two 
for the defendant. 
Dr. Coxwell was the first witness called by the State. He testified concerning 
the wounds in the body of deceased and also concerning words that passed 
between defendant and deceased which led to the shooting.  Bayles approached 
Smith and said. "Dave, I understand you want to see me.  I am here." Smith 
replied "Yes" Bayles slapped Smith and then Smith drew his pistol and fired; 
Bayles drew his gun and fired near the same time. Coxwells' horse became 
frightened and ran off and witness saw no more.  On cross examination, witness 
testified that Bayles' tone indicated anger when he addressed Smith. 
Dr. D.R. Nettles testified to the nature of wounds of deceased, either of 
which would have produced death.
John W. Urquhart testified that he was present when the parties met, relating 
substantially the same conversation between the parties as testifed to by Dr. 
Coxwell, adding that Smith made some remarks to Bayles in a low tone which 
witness could not distinguish, whereupon Bayles slapped Smith and then the 
shooting began.  Several shots were fired by each party.  Witness related 
remarks made by defendant before the encounter regarding the hearing before 
the pardon board in Montgomery in which defendant made use of the 
language "they have had their day and I will have mine."
Arthur Faulk, the next witness, heard conversation prior to shooting in which 
defendant said he would "have his day", was present when the difficulty 
occurred but did not see all the shooting. 
Dr. W.J. Mason testifed to having had conversations with Smith some weeks 
prior to the shooting indicating the existence of feeling between the 
defendant and deceased, but had afterward seen the two men together in 
apparently friendly relation. 
Joe Mason testified to remarks made by defendant several hours before shooting 
in which Smith made use of threats concerning deceased and others: saw the 
commencement of the shooting, heard threats made by Smith after he had shot 
Bayles.
C.W. Jackson testified to having sold defendant cartridges before the 
shooting. 
L.A. Hixon saw part of the shooting from a distance: heard Smith call someone 
to "come out" and then fired.
J.W. Urquhart was recalled and testifed that he heard Smith inquire for Bayles 
20 or 30 minutes before the parties met.
W.L. Metts, witness for defendant, testified that he was present when the 
encounter took place between defendant and deceased: did not hear conversation 
in which Smith was alleged to have made threats before shooting: saw the two 
men meet and heard part of remarks made by them: saw Bayles strike Smith: saw 
Bayles' pistol first but saw none of the shooting. 
R.L. Kennedy, witness for the defense saw the shooting from a distance and 
could not say who shot first, the shots were close together: thinks eight 
shots were fired in all.

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