Buffalo County NeArchives News.....Collins, Milton M. Murdered September 24, 1875
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Debra Crosby http://www.genrecords.net/emailregistry/vols/00010.html#0002467 May 31, 2018, 2:17 pm

Nebraska Advertiser Thur Feb 24, 1876 September 24, 1875
The Nebraska State Journal Fri Sep 24, 1875
LAW AND ORDER TRIMPHANT
 The Whole Gang of Herders Captured
The People Have Confidence in Their Judiciary
The following particulars in regard to the murdered
Milton M. Collins, at Kearney, we clip from the
Kearney Press of last Monday.
   The man who murdered Milton M. Collins, J. P. Smith,
was captured on the island south of Plum Creek, about
nine o'clock Saturday evening, and was brought to this
city this (Monday) morning for a preliminary examination,
which took place in More's hall, Judge Westervelt
presiding.
   The first witness sworn was D. A.l Cromwell, who 
testified as follows:
   "Was with Milton Collins, and heard all the
conversation that passed between Smith and him from the
time they met till the termination of the shooting,
which resulted in the death of the former; there were
four of the herders, none of whom interfered in any
way except Smith, which traveling from where we met
to the house of the deceased; the only conversation
that occurred at all was as follows: On meeting, Smith
asked "where are all you fellows going?" Collins 
answered I was going to see you men about the damage
done my crop by your ponies." Smith asked "What is
the damage done?" Collins replied, "About twenty
dollars." Smith then drawing his revolve, and pointing
it at Collins' head, swore he would blow his damned
brains out, if he said another word. In this position
he kept his pistol as they moved on toward Collins'
house, challenging Collins all the while to say a
word and he would shoot  him; at the house as Collins'
was in the act of dismounting, Smith ordered him to
open the corrall and let the ponies out before he
got off his horse, or he would kill him dead; Collins
was already partly off his horse, when Smith fired;
I thought from the action of Collins' left arm and
from his expression of (Oh my God!) he hit him. As
Mr. Collins attempted to run around the horse toward
the house a second shot was fired by Smith -- think
the second shot did not hit him; three additional 
shots were also fired by Smith after Collins had
passed around the horse toward the door of the
house; during these last three shots I could only
see Smith, Collins having passed around the corner
of the house to the door; while the shooting was
taking place I was an observer at the distance of
perhaps ten or fifteen rods; I rode in company with
Collins and herders probably fifteen or twenty rods,
when we separated, I going a short distance southeast,
the other parties a like distance due south; I was 
within hearing distance all the time.
   The following is the correct testimony of J. D.
Cooper.
  Myself and Roach and Copeland and J. P. Smith 
started down toward the river to camp and we met Mr.
Collins (deceased). After we  had met him, Collins
(deceased) remarked and wanted to know if we were
coming after the horses and to pay him for them, 
(he had taken up twenty-five head). Smith remarked
that he was going to tend to the matter and wanted
the horses turned out and grazed; don't remember
whether Mr Collins made any remark or  not; Smith
then commenced cursing him and abusing him; we met
him, as near as I can recollect, 250 yards from
Collins' house, he commenced cursing him and remarked
that he would wear his six shooter out over his 
head and jerked his six shooter and started after
him and I got between them and stopped him; after 
I stopped him from trying to strike him over the
head with his six-shooter, then he (Smith) remarked
he'd take him under his charge and carry him to
camp and come back and get his horses; then he said,
I will kill you anyhow sir! I thought he was jesting
and was riding along in ?rout When he (Collins) got 
up to his house he stopped to get down and I heard
a six-shooter go off and looked around and saw 
that he had shot him and as I turned around I saw
that he had shot the second shot: the second shot
missed him; I don't know whether the third shot 
struck him or not; he was just going in the door;
myself, Roach, Copeland and Smith were present: a
man was riding up as the second shot was fired and
told him (Collins) to go into the house; Smith rode
up to myself and Copeland and demanded the horse
and pistol from Copeland, and he got the pistol 
and went off across the bridge and we went down to
camp: after we got down to where we camped we found
the wagon had moved across the bridge. As we were
going up the river (Roach, Copeland and myself) we
saw Smith riding back toward Collins' house; we
went on across the bridge, met "Colby." (Mathews)
going back after the ponies; we (myself, Roach and
Copeland) got across the bridge; were there but a
few moments before we heard the ponies coming;
there were two gentlemen over on the other side of
the bridge in a buggy and I could hear the ponies
running and I asked them to please not go on until
the ponies crossed; the ponies came across. Joe
Mitchell and Colby Mathews were driving them; Smith
and Yank stopped at this (north end) of the bridge.
The wagon had then started up the river. We caught
up some fresh horses to ride, and started after
the wagon driving the ponies. After going some
distance, "Colby" and Joe Mitchell turned back and
were back a smart while when Smith rode up and
caught him a gray horse. He ordered the men to move
the outfit on, "to whoop them up." We did so. They,
Yank, Smith, Mitchell and Mathews left us, and went
back, did not see them to speak with them until
I had passed the old house; there they came up.
Smith rode up to me, and told me he had several
volleys fired into him, and asked me what to do;
I told him I did not know. Then he said he would
run the horses out in the bluffs. I remarked to
him that we had better stop there and surrender the
whole thing. He used an oath and said he would do no
such thing; he would go to the hills and stand
them off. I remarked to him that he could do as he
pleased, I would have nothing to do with it.
  Dr. Dildine was sworn, but his evidence showed
nothing more than that he was called to attend
Milton M. Collins, and that when he arrived he found
him dead upon the floor. He made sufficient 
examination to satisfy him that death was caused
by a pistol shot wound in the breast on the right
side.
   No other evidence was introduced, but Judge 
Westervelt decided that from the testimony before
him, there was probable cause for the belief that
the prisoner, J. P. Smith, was guilty of murder
in the first degree; he therefore ordered that he
be confined in the jail of the county until the
next session of the District Court.
   As Buffalo county has no jail, the prisoner
will probable be taken tomorrow morning to Lincoln
or Omaha for safe keeping.

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