Book Reveals 114-Year-Old Local Murder Mystery

A Family's Hidden Tragedy Uncovered

For Dan Neal, the story of his grandfather’s murder has been a part of his life for as long as he can remember. However, it wasn’t until recently that he uncovered all the details surrounding this tragic event. After decades of research, Neal has published a new book titled “No Forgiveness,” which delves into the history of his family and the circumstances that led to his grandfather’s death.

Neal, now 73 years old, is a resident of Wyoming and the author of the book. He shared with DISCOVER TREND how the timing of his grandfather’s death had a profound impact on his family. At the time of David’s death, he left behind five children under the age of eight, including Neal’s father, who was just 15 months old. This loss must have been devastating for the entire family, and Neal often wonders how his father’s life might have been different if David had lived.

David, Neal’s grandfather, was a member of The Church of Jesus Christ of Latter-day Saints. He came from a polygamous family and was among the LDS pioneers who helped settle the Teton Valley. The family moved to Darby, a community near the Wyoming state line, around 1908. There, David taught school and also managed a farm.

The feud that led to David’s murder began between him and his neighbor, Ellington Smith. The conflict stemmed from a dispute over water usage on Sorenson Creek. Smith owned a farm a few miles north of David’s property and claimed that the stream running through the area flowed through David’s land first. According to Neal, Smith believed that David intentionally polluted the water supply while tending to his animals. There were several instances where Smith accused David of damaging the water supply.

On the morning of July 5, 1911, David left his house to irrigate his field. Smith, mounted on his bay horse with a Winchester rifle in hand, rode to where David was working. Upon arrival, he dismounted, climbed over the fence, and entered the field. During his research, Neal found court transcripts from Smith’s trial, which included testimony from Smith’s nephew, who witnessed the murder.

According to the account, Smith watched David working in the field for a while, thinking that David was about to shoot a coyote. Then, Smith approached David and used an expletive, asking, “Whose water are you stealing now?” David responded, “I take no man’s water but my own.” Smith then brought the rifle down and shot him. Although Neal believes the shot killed David instantly, he says Smith walked within 15 feet of David and shot him again before riding away.

Smith was arrested later that afternoon and taken to jail in St. Anthony. Six months later, he was convicted after a five-day trial. A plea of insanity saved him from the gallows. During the trial, authorities discovered that Smith had suffered multiple head injuries throughout his life, leading Neal to speculate that something was wrong with him. He believes that David recognized this and tried to avoid any confrontation with Smith.

Smith spent the rest of his life in the old Idaho Penitentiary in Boise, where he died in 1918. In his book, Neal highlights the appeals process and the conditions at the penitentiary. He worked with Susan Foster, Smith’s great-granddaughter, on the research for the book. Foster, who had no knowledge of the murder, shared family stories about Smith’s burial in Teton Valley. She was unavailable for comment.

For Neal, the publication of the book is a significant achievement. He feels it sheds light on a case that was likely forgotten and never spoken of again among family members or residents of Teton Valley. He believes that people in southeastern Idaho will enjoy reading about the story as it unfolds in places they are familiar with.

Neal will be at Walrus & Carpenter Books in downtown Pocatello on August 4 for a book signing. He will also be at Winnie & Mo’s Bookshop in Idaho Falls on August 5. The book is available for purchase at both locations.