The murder of Marshal Smith of Cosmopolis

Nothing New By Roy Vataja

In November 1901, the Cosmopolis Police Department suffered its only loss of an officer in the line of duty when town marshal — and county commissioner — Silas Smith lost his life in a gun battle. Here is the tale of that fateful day as reported in the pages of the Aberdeen Herald.

A SAD TRAGEDY — County Commissioner Smith Killed at Cosmopolis — The town of Cosmopolis was the scene of the greatest tragedy that ever occurred within the borders of Chehalis (later renamed Grays Harbor) County last Friday afternoon, in which County Commissioner Silas Smith, who was also town marshal of Cosmopolis, lost his life, and Constable Chas. Y. Fenwick, of Aberdeen, was so seriously injured that his life is still in danger. Constable Fenwick went to North River that morning to arrest W.J. Yourex, who was charged by a neighbor with having wrongfully tore down a building that stood upon land claimed by both parties. Yourex is known as a man with a violent temper, and was confined in the asylum at Steilacoom in 1895 for a short time as insane. In view of this, Fenwick had a couple of North River men assist in making the arrest, and the tragedy can be attributed to the failure of the arresting officers to see that their prisoner was unarmed at the time he was taken into custody.

Yourex was arrested without difficulty, and went with the officers to Cosmopolis willingly, where he was taken to the office of Justice Stanley Smith for a hearing. On the way into town Constable Fenwick became apprised of the fact that his prisoner was armed with a revolver, and when he reached the office of the justice of the peace, he went out and requested Town Marshal Smith to aid him in disarming the dangerous man. To this request Marshal Smith responded with characteristic alacrity, and the two officers proceeded to the justice’s office for that purpose. Upon entering the office Marshal Smith locked the door and Fenwick asked Yourex if he had a pistol, to which Yourex replied that he had, at the same time drawing a .32-calibre revolver from his pocket. At this both officers drew their revolvers and demanded that the prisoner deliver up his weapon. Yourex replied that he was a United States mail carrier, and as such was entitled by law to carry his pistol, and positively refused to give up the gun, and defying the officers to disarm him, unlocked the door and stepped outside onto the sidewalk followed by Fenwick and Smith.

The three men had no sooner reached the sidewalk than three shots were fired in such quick succession, and so suddenly, that three bystanders were unable to say which man fired the first shot. These shots had no effect, and Yourex continued firing as he walked backward followed by the officers, both firing at him. Smith had fired twice when a bullet from Yourex struck him in the breast, killing him instantly, his pistol being discharged for the third time as he fell. Yourex continued firing, and his next shot hit Fenwick in the side, to which the plucky constable replied with a shot that took effect in the left arm of Yourex, and, although badly wounded, he closed with his prisoner and beat him over the head with the butt of his revolver until he knocked him down, and then fell senseless himself.

Constable Fenwick was taken to the Cosmopolis hospital, and Dr. Smits, of this city (Aberdeen) sent for, who with Dr. Watkins operated on him. His intestines were found to be badly torn, and he now lies hovering between life and death, his only chances for life lying in a rugged constitution and his indomitable grit. An inquest was held on the remains of Marshal Smith that evening, and the jury returned a verdict to the effect that he had met his death at the hands of W.J. Yourex.

When Yourex recovered from the effects of the blows on the head from Fenwick’s pistol, he found himself bound hand and foot by the citizens, and his left arm badly shattered by the bullet from Fenwick’s revolver. After dressing his wounds he was brought to this city, and is now under guard at the Aberdeen General Hospital. He is 59 years of age, and served in the Civil War. Six years ago he was a month in the insane asylum, and has been a terror to his neighbors on North River since his release. He has a wife and adopted child who live on his North River ranch. Since the tragedy he talks quite freely, and repudiates the idea of insanity, and has engaged counsel to defend him, claiming his shooting to have been done in self-defense, and that the officers fired upon him first. The statement of Fenwick, just before being operated on, and in full knowledge that he might not recover from the effects of the chloroform, was that Yourex fired the first shot.

The body of Marshal Smith was taken to his late residence, where the grief of his wife, who had parted with him but a few hours before in perfect health, was pitiful, and the worthy lady has the profound sympathy of the entire county in her sad bereavement. The funeral took place Monday under the auspices of the G.A.R. and Improved Order of Red Men, of which organizations Smith was a respected member. A number of Aberdeen friends and almost all the officials of Chehalis County were at the funeral, and all business in Cosmopolis was suspended from noon until after the services. Rev. H.D. Crawford, of this city, officiated at the services, which were held in the Cosmopolis Methodist Church.

Silas W. Smith was born in Mason, Michigan 54 years ago, and served in the war of the rebellion with credit. He came to Chehalis County about 15 years ago, and had resided in Cosmopolis about 12 years. He was serving his third term as town Marshal at the time of his sad death, and was a member of the board of county commissioners since the first of this year, and was one of the most popular men in Cosmopolis, as well as a man who had the respect of all who knew him. Besides his wife, he leaves a son, who arrived from Alaska Saturday night, to find his father cold in death, and an adopted daughter who resides in Everett. — Aberdeen Herald, November 21, 1901

Trial was held in Montesano and on June 6, 1902 Yourex was found guilty of manslaughter and sentenced to 10 years in the state penitentiary. Five years later, Yourex was paroled by Washington Governor Albert E. Mead who reasoned that “Yourex was an old man, was a Union soldier, and previous to the crime of which he was convicted bore an honest and respectable reputation.” Allegedly all of the jurymen who could be found agreed that Yourex had been “sufficiently punished.”

Yourex was last heard from in 1910, living in Honolulu, Hawaii.

Aberdeen Constable Charles Y. Fenwick never fully recovered from his wounds but did return to work with the Aberdeen police department as a jailer before passing away on June 6, 1934 at the age of 71 — exactly 32 years after Yourex was found guilty.

Roy Vataja is the son of Finnish immigrants and greatly appreciates the efforts of local law enforcement in maintaining the peace and controlling the scoundrels, yeggs, and reprobates who attempt to upset our communities. Thanks for all you do.