New book highlights forgotten murder of local man that happened 114 years ago

IDAHO FALLS – For Dan Neal, the knowledge of his grandfather’s murder has been part of his life for as long as he can remember. But until recently, he didn’t know all of the details.

Decades of research culminated in the release of his new book last month, telling that story. The 73-year-old Wyoming man is the author of “No Forgiveness.”

In an interview with EastIdahoNews.com, Neal says the timing of his grandfather’s death was particularly devastating to his family.

“When my grandfather was killed, he … had five children under eight years old, so you can imagine how devastating this would be,” Neal says. “My father was 15 months old at the time. I’ve always wondered how my father’s life would’ve been different had my grandfather lived.”

Neal’s grandfather, David, was a member of The Church of Jesus Christ of Latter-day Saints. He descended from a polygamous family and was among the LDS pioneers who helped settle the Teton Valley.

They moved to Darby, a community not far from the Wyoming state line, around 1908. David taught school in the area and also had a farm.

Neal says it was a feud between his grandfather and his neighbor, Ellington Smith, that became the catalyst for the murder that would occur three years later.

The feud stemmed from a dispute about water usage on Sorenson Creek.

“Smith had a farm a couple miles north (of my grandfather’s). He moved to his place after my grandparents were established,” Neal explains. “When (Smith) moved in, he understood that this little stream that ran through the property came through the Neal property first through their barnyard.”

According to Neal, Smith believed David intentionally polluted the water while caring for his animals. He cited several instances when Smith accused his grandfather of damaging the water supply.

On the morning of July 5, 1911, David left his house to irrigate the field. Smith mounted his bay horse with a Winchester rifle in hand and rode the short distance to where David was working. When Smith arrived, he got off the horse, climbed over the fence, and stepped into the field.

During his research for the book, Neal found court transcripts from Smith’s trial outlining what happened. It’s based on the testimony of Smith’s nephew, who witnessed the murder.

Smith’s nephew, Octave, saw his uncle cross a fence to enter the field where David was irrigating. He thought his uncle was going to shoot a coyote.

“Smith accosted (David) with an expletive and said, ‘Whose water are you stealing now?’ David said, ‘I take no man’s water but my own.’ Smith then brought the rifle down and shot him,” Neal says.

Though Neal believes the shot killed his grandfather instantly, he says Smith walked within 15 feet of David and shot him again before getting on his horse and riding away.

Smith was arrested that afternoon and taken to jail in St. Anthony. About six months later, he was convicted following a five-day trial. Neal says a plea of insanity saved Smith from the gallows.

During the trial, authorities discovered Smith had taken several blows to the head throughout his life.

“I can speculate that something was going on there. He was clearly disturbed,” Neal says. “My grandfather believed he was crazy and tried to avoid him.”

Smith spent the rest of his life in the old Idaho Penitentiary in Boise. He died in 1918.

In the book, Neal highlights the appeals process and how the case unfolded after Smith’s conviction. It also details conditions at the penitentiary.

Neal worked with Susan Foster, Smith’s great-granddaughter, on research for the book. Neal says Foster knew nothing about the murder until she began her own genealogical research in the 1970s and learned Ellington had died in the state penitentiary. She shared some of the family’s stories about the case with Neal. Foster was not available for comment.

It’s a thrill for Neal to shed light on a case that he says was likely buried and never spoken of again among family members or residents of Teton Valley.

“It’s great history and I think people in southeastern Idaho will really enjoy … seeing the story unwind in places they’re familiar with,” says Neal.

Neal will be at Walrus & Carpenter Books in downtown Pocatello on Aug. 4 for a book signing. He will be at Winnie & Mo’s Bookshop in Idaho Falls on Aug. 5.

The book is available for purchase at both locations. You can also buy it on Amazon here.

WATCH OUR INTERVIEW WITH NEAL IN THE VIDEO ABOVE.