St. Patrick's Day near Pauline, 1921: the shootings and two trials

On St. Patrick's Day, March 17, 1921, W. H. Ball, a farmer near Pauline at the north end of Arbon Valley, shot his neighbor Ed Brandt on the road. Late that afternoon he fired on a posse at his cabin and mortally wounded Deputy Sheriff Charles H. Torrance of American Falls. By the end of the year two Power County juries had found him not guilty.

The road and the cabin

According to the Press, Ball quarreled that Thursday morning with Dick Steed at the Davis store in Pauline. A mile out of town he met Brandt driving his team in. As Brandt told it to Deputy Sheriff Hyrum Secrist, Ball drew a pistol and fired twice, hitting him in the forearm, and drove home.

Deputy Torrance came out from American Falls, deputized John Kowallis, Herbert Swim and Eric Young at Pauline, and went with them and Secrist to Ball's place. At the trial they testified that they watched the place for two hours and moved in while Ball was out with his gun. When he came back, about half past five, he was ordered to put up his hands. They said he opened fire. A shot took the cap from Secrist's head. Kowallis was hit in the arm, Swim's leg was broken, and Torrance was struck by buckshot at close range. Ball burned his house, the Press said, and got away into the hills. The next morning's Press reported:

Arbon Valley is in arms. Every male citizen has shouldered a gun and is searching the hills for the mad man who escaped under cover of darkness. Pocatello and American Falls police forces are uniting in the search. Every crossroad has been picketed.

Ball, shot in the arm, reached the ranch of J. E. Pauling (Polling in the Press), who, the Ogden Standard-Examiner said, took him over the divide in a wagon. The Press said only that at three in the morning two boys brought him into St. Anthony's hospital in Pocatello and left before the authorities could learn their names. The arm was amputated. Bannock County officers who talked with him, the Standard-Examiner added, did not think him insane.

Torrance died at the Bethany Deaconess hospital in American Falls on Sunday, March 20. Born in Oregon in 1867, he had lived in American Falls since 1908 and taught a large Sunday school class of boys at the Baptist church. More than 600 people came to his funeral in the Auditorium, where Rev. A. J. Ford called him "a martyr to duty."

The murder trial

Ball was charged with first-degree murder and three assaults, and Brandt sued him for $20,000. The trial opened on June 20 at American Falls before Judge Ralph W. Adair of Blackfoot, in a crowded courtroom.

Secrist testified that he told Ball he was under arrest, and Kowallis that Torrance told Ball he was an officer. Ball's lawyers showed that at the preliminary hearing neither man had said Ball was told officers had come to arrest him. Two defense witnesses spoke of a mob of fifteen men or so besides the posse, until one of them, Verne Munn, put those men more than two miles away at the Pauline store. Here, the Press wrote, "a small bomb burst in the defense testimony."

In the Press's words, Ball "told a simple and colorless story." He had gone hunting on the reservation, he said, though he expected an officer to come for him. Ordered to halt, he set the butt of his gun on the ground and asked whether there were officers in the crowd. He "was answered by a shot," he said, and then he began firing. His plea was self-defense: seeing Eric Young, Brandt's brother-in-law, among them, he had fired believing "it was a mob come to take his life." After deliberating overnight, on the morning of June 24, the jury found him not guilty. Ball was at once arrested again for shooting Brandt.

Four prospective jurors had told Ball's lawyer, Judge J. M. Stevens, that they believed nothing they read in newspapers. In the issue that reported the verdict the Press explained that its first story was phoned in from Pauline two hours after the shooting, when "the people were excited." It added:

The Press carried the story in detail, forty eight hours after the shooting occurred and was still not in accord with the exact facts in the case. Indeed a story of the true facts will probably never be written. Human intelligence and human senses are not dependable under conditions of excitement. An eye witness to a tragedy may be the most inaccurate in his report of what occurred.

The Brandt trials

Ball's trial for assault with intent to murder Brandt opened on October 6. On the second day, after Brandt and two eyewitnesses had testified, Judge O. R. Baum threw it out: the charge filed by Prosecuting Attorney C. T. Cotant did not state a crime against the state.

The second trial began on December 19. According to the Salt Lake Telegram, Fred Bishoff and Kenneth Waylett of Pauline testified that Ball passed Brandt on the road, tied his team about a hundred yards on, walked back and fired twice. Ball testified that when Brandt called to him he looked back, saw a rifle pointed at him, and walked back and shot Brandt in the arm. In the Press's report of his testimony, Brandt "drew a rifle on him but did not fire a shot." The defense attacked the eyewitnesses' testimony on the ground that they had been excited. At eleven o'clock on the night of December 20, after three and a half hours, the jury found Ball not guilty. The Press wrote that "a carefully planned theoretical plea of self defense" had overcome "the strongest direct convincing evidence heard in a recent criminal case in Power County."

Afterward

In May 1922 the state industrial accident board denied Kowallis's claim for compensation as a man the law had obliged to serve as a deputy. The papers searched do not say how Brandt's suit ended or what became of Ball.

Accounts differ. Melinda Campbell's much later history of Pauline and West Fork says Brandt fired first on the road, one of the men gathered around the cabin shot Ball before he fired, and the posse burned the cabin. None of the 1921 papers read for this post reports Brandt firing, and the Press said Ball burned his own house; only Ball's own testimony that he "was answered by a shot" agrees with her in part.

The article as printed

American Falls Press, March 18, 1921, pages 1 and 8. Transcribed from the page scans.

BARRICADED MANIAC SHOOTS FOUR
DEPUTY SHERIFF TORRANCE NEAR DEATH'S DOOR TODAY
C. H. BALL BURNED HOUSE AND ESCAPED TO HILLS DURING NIGHT—IS HEAVILY ARMED—LAST SEEN LEAVING PAULINE FOR AM. FALLS OR POCATELLO.
DESCRIPTION OF MANIAC.
W. H. Ball, who shot four near Pauline Thursday, is described as being about six feet tall; [illegible] years old and wore a [illegible] beard about a week old and a moustache. He is described as a two gun man, using two revolvers which he fires with his arms crossed. He also has a shot gun, a rifle and plenty of ammunition.
POSSES ARE SEARCHING
Deputy Torrance Is in Bethany Deaconess Hospital With Seven Bullet Wounds in His Body—Maniac Fired Double Load of Buckshot into Peace Officers's Body. Condition Critical.
[illegible]
W. H. Ball, the maniac who shot Deputy Sheriff C. H. Torrance and three other men Thursday, was brought into St. Anthony's hospital at Pocatello, at 3 a. m. Friday, by two young boys, who left the hospital before the authorities could learn their names.
Hospital authorities declared today that Ball had been shot in the arm between the elbow and the shoulder, the main artery being severed. The arm was amputated above the elbow. Ball's condition is serious. He lost considerable blood. Nurses declared he appeared normal and rational, but refused to discuss his shooting.
Police officers have taken him in charge and placed a guard over [illegible]
Deputy Sheriff C. H. Torrance lies at deaths door and three other deputies [illegible] the hospital following the [illegible] shooting of W. H. Ball, Pauline rancher who ran amuck yesterday, killing wherever the opportunity offered. Only a few smoldering embers remain to designate the place where Ball lived, and Ball himself has gone over the ridge into the high hills between his home and Pocatello pursued by an angry posse bent on vengance.
Arbon Valley is in arms. Every male citizen has shouldered a gun and is searching the hills for the mad man who escaped under cover of darkness. Pocatello and American Falls police forces are uniting in the search. Every crossroad has been picketed. Every town in southern Idaho has been notified to watch for the murderer. It is believed that he will not be taken, alive.
Deputy Sheriff Torrance was brought to the Bethany Deaconess hospital at three o'clock this morning riddled with buck shot. His assaillant beaded him point blank at not more than thirty yards and discharged two loads into his body. He then approached him and asked if he was a officer.
Torrance said he was. "Your a d— liar and I'll not help you an inch," said Ball.
Walked Half Mile.
[illegible] about half a mile when he fell in a faint. [illegible] placed in a buggy and driven to Dawson garage where temporary aid was given until Dr. C. F. Schütz arrived from American Falls. A major operation was performed on the abdomen and stomach at four [illegible] taken to insure correct [illegible] of the wound. Torrance's body was pierced in seven places, one shot passing through his shoulder and penetrating the liver. His condition is critical but hopeful.
Frank Swim is in the hospital with flesh wounds in the leg. John Kawalis has a fractured left forearm and Ed. Brandt is in Lind Brothers hospital with a fractured arm, all the inflictions from the gun of Ball who is regarded as a second Harry Tracey.
Brandt First Victim
[illegible] the call from Pauline at 11 o'clock [illegible] morning. The report was to the effect that W. H. Ball had shot Ed. Brandt in the arm while passing him in the road. This report proved true.
[illegible] other business of Sheriff Hanson and Deputy [illegible] Oliver. When he arrived at Pauline he deputized John [illegible] Herbert Swim and Eric [illegible]. These with deputy sheriff Secrist undertook the capture [illegible] ranch. When he returned to his house he found the sheriffs party in possession. He was given the command to raise his hands but instead opened fire with his rifle. He fired as he advanced and finally gained the shelter of his house without injury [illegible] the posse. He appeared alternately then on either side of the house and [illegible] shots at his would be captors. His first shot removed the cap from the head of Hyrum Secrist following which Secrist emptied his pistol. His second volley crippeld Kawallis in the hand and he surrendered [illegible] to Herbert Swim.
The third volley from the maniac [illegible] Swim to the [illegible] with a broken leg and he was carried away by Kawalis. Young and Torrance were [illegible] facing bullets alone. Ball rounded the corner of his house under the [illegible] of Torrance who thought he had his man. He hesitated and before he pulled the trigger Ball discharged a load of buckshot into him point blank. Torrance turned to run and second volley caught him in the shoulder and right arm. Swim had exhausted his amunition and left the field of battle. It was then that the conversation between Sheriff Torrance and Ball took place. "I didn't want to shoot point blank," said Torrance [illegible]
Swim Wounded.
The shooting occured about 5:30 p. m. Secrist watched developments until darkness obscured his vision. He was joined then by three armed farmers who did sentry duty until the sheriffs party arived from American Falls. Twenty armed men were gathered at the Dawson garage but the scene of the shooting was two miles away.
First Posse Arrives.
Upon the arrival of the Sheriff's party about [illegible] p. m. the posse was strengthened. McCann's ambulance and an additional doctor was called from Pocatello. The Pocatello peace officers were advised to assit in the man hunt. The Pocatello assistance arrived about midnight. Torrance was placed in the ambulance and brought home. The posse was led by Sheriff George Hanson and included Pete Hanson, Will Oliver, Dr. C. F. Schütz, Tom Oliver, C. Lee French, Kirby Torrance, W. P. Lund, and W. O. Griswold.
They left American Falls in high powered automobiles and grim determination marked their faces.
Before leaving the city a thoro canvass was made for heavy fire arms and ammunition. Several hundred rounds [illegible] McKown's store. The fire arms were all rifles. [illegible] composed of about [illegible] armed men [illegible] American Falls [illegible] are scouring the [illegible] back of [illegible]. [illegible] last report from Pauline indicated that Ball was on his way [illegible] American Falls or Pocatello and was being driven by Ed. Polling, a Pauline farmer.
Deputy Sheriff [illegible] in describing the first shooting in the forenoon as it was told him by Brandt, said that it occurred about 10:30 a. m. after Ball had left Pauline on his way home.
Had Quarreled.
Ball had had a quarrel with Dick Steed, a farmer, earlier in the morning at the Davis store in Pauline. The quarrel, Secrist declared, was started by Ball without provocation. He then left the store and as he neared a lonely spot on the highway a mile out of town he [illegible] Brandt and his team driving into Pauline. Just as Ball's rig pulled up alongside Brandt's the former whipped out a pistol and opened fire. The first shot went wild and the second took effect in Brandt's forearm, the bullet passing up the arm and out at the elbow. It was then that Brandt dropped to his wagon bed. Ball proceeded home, it is said.
Ball, according to Deputy Sheriff Secrist, has lived near Pauline for about 10 years and has always been known as a peculiar character. He is said to have had a quarrelsome disposition and has never allowed a person on his ranch since living there. On several occasions he is known to have driven off persons. He is also said to have always appeared well armed.
Believed Insane.
It is partially because of his past actions and his shooting of Brandt Thursday morning that the authorities are inclined to believe him insane. Brandt is and always has been known as a peaceful law abiding citizen and has according to his own statements, never had anything to do with Ball.
Ball will be arrested and placed in [illegible] county jail and possible attempted murder charges will be filed against him.

On this site: The St. Patrick's Day shootings near Pauline, Two juries acquit W. H. Ball, Valley Tragedies and the Swim family.