The Audubon Societies 35 in regard to this part of the case except Smith's statement, which was to the effect that Bradley immediately fired at him with his pistol, the bullet striking the main mast of the boat, behind which Smith was stand- ing, and Smith immediately fired his rifle at Bradley, killing him instantly. Smith's sons testified to the facts as herein stated, and they claim that while they did not see the shooting, they heard the two re- ports, both rifle and revolver firing almost simultaneously. Alonzo Sawyer and Eth- ridge, who were down inside the cabin of the boat, claim they heard only the two reports coming almost together, and that immediately afterwards, and as soon as Bradley's boat had drifted away, Smith showed them the mark of a bullet, with the bullet embedded in the mast. After Brad- ley was shot, he fell forward in the bow of his skiff-boat, and the boat drifted off to- ward the shore, his body not being found until the next day, when it was removed and buried. The coroner's jury, having been impaneled, after hearing the testimony, returned the verdict charging Smith with murder, together with Sawyer and Ethridge, as accessories to the murder; and thus the case rested. " Therewerenoother witnesses, exceptthose who were friends to Smith, nearer than the shore, situated two miles or more away, and from the time of the return of the coroner's jury, and the committing trial, no steps had been taken to secure the attendance of wit- nesses at the Circuit Court in Key West, until I arrived there and looked into the situation of affairs. I was then compelled to send away to Cape Sable and Flamingo, a distance of sixty-five miles, to secure the witnesses that I had ascertained knew some- thing about the case, and, as the weather was very stormy, and sail-boats the only method of traveling, you can realize some of the difficulties I experienced in attempting to get the matter before the grand jury. By writing and telegraphing I secured per- mission of the state's attorney to take one necessary witness from here with me, and I attempted to prove, by all of the evidence obtainable, that Bradley did not fire the shot as claimed by Smith, and, in fact, made no overt act toward injuring Smith at all and I am perfectly satisfied that if the real facts of the case are ever known, or shown, it will develop that it was a well-laid plot to murder young Bradley on account of the ill- feeling existing against him, occasioned partly by his vigilance in attempting to execute the laws. The pistol of Bradley's did not show by the powder marks in the barrel that it had been discharged, neither was the cylinder under the hammer of the pistol in a correct position, showing that the pistol had not recently been discharged. But I was unable to obtain sufficient evidence on these points to convince the grand jury, and, taking the whole matter into consideration, they deemed it unwise to find an indictment. " I can say that I am much surprised that the authorities down there had taken it as a matter of consideration already established, that there would be no indictment found, and had made practically no efforts, until my arrival in Key West, to secure the attendance of state's witnesses or, in fact, to get the matter into proper shape to be presented to the grand jury. Only one state's witness had been summoned or bound over to appear and testify in behalf of the state. Who is to blame for this negligence on their part, I am not prepared to say, but am sorry to report to you that such was the fact. I believe the failure of the grand jury to indict in this case was a grave miscarriage of justice, and so I shall ever believe." The Mrs Bradley Fund An acknowledgment of the subscriptions to this fund was omitted in December Bird- Lore, owing to lack of space. The fund is glowing slowly, and there is no doubt but that a sum will be eventually realized that will enable the Association to carry out the plan outlined in October Bird-Lore. There never was an appeal presented to the public which demanded more speedy and liberal support. If you have not contributed, stop a moment in your busy life, and think about this case. A husband and father, a trusted employee of this Association, murdered while in the performance of his duty; the wife and children left entirely destitute: Are you not morally bound to do your part in caring for
