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© Marietta Monitor
17 Aug 2012,  Page 5

City Marshal George Smart Shot and Killed
Originally published: The Marietta Monitor, 8 September 1922

A Deplorable Tragedy Enacted in Marietta

City Marshal George Smart Dies as Result of Pistol Shot Wound Inflicted by John Kelly

One of the most deplorable tragedies in the history of Marietta was that of last Thursday evening when City Marshal George Smart was shot and killed on Main Street in front of the post office building by John Kelly, one of the town’s most prominent young businessmen.

The fatal tragedy occurred about 5:30 and was witnessed by only a few people. City Marshal Smart and Deputy Stafford had been to the country that afternoon looking for some tires which had been stolen from a Ford car in the vicinity of Bowles and had returned to town less than an hour before the fatal shooting occurred.

They came to the Marietta Drugstore, bought a drink and the evidence at the trial was to the effect that Mr. Smart left his gun in the drugstore. He walked to the corner of the post office, sat down on the stair steps and engaged in conversation with Mr. O.E. English. (Compiler’s Note: The post office was located in the building of the Marietta Monitor offices nearest the railroad track.) In a short time Mr. Kelly came to the corner, spoke to George, telling him he wanted to speak with him. It seems that they walked west from the stairway to the west side of the door of the post office before they engaged in conversation. They were soon in a fistic encounter and the first that any of the witnesses seemed to know they were out on the sidewalk in a struggle when the gun was fired, the bullet striking Mr. Smart in the left groin, severing a large artery.

He was conveyed to his home as soon as a conveyance could be procured and death resulted at about 6:15. The gun was a Smith and Wesson, 38 special. The bullet passed through the body of Mr. Smart and was lodged in the wall of the post office building. Mr. Kelly immediately gave himself up to the authorities and was placed in jail.

The funeral for the dead officer was held Monday morning at 10 at the tabernacle.

An examining trial was held Monday afternoon at the county courtroom and resulted in the defendant being held to the district court without bail. The defense being represented by George Culp of Gainesville, Jas. S. Mathers of Ardmore, and J.H. Hays of this city, while County Attorney Brown is being assisted by Keller and Cameron of this city and H.H. Brown of Ardmore.

After the examining trial, attorneys for the defense went into the district court on habeas corpus proceeding in an effort to obtain bond with was denied by Judge Logsdon. An effort will be made in the court of criminal appeals to obtain bond and we learned that the hearing will be held in Oklahoma City Saturday.

It was brought out at the trial by the defendant’s testimony that the trouble was brought about by alleged remarks of the deceased concerning Kelly’s grocery firm’s stand on union labor.

Both men have lived in Marietta for many years and both were well known and had many friends throughout the county who regret the deplorable affair very much.