IDAHO FALLS — Knowing his grandfather was murdered has been part of Dan Neal’s 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 8 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 Neal, 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 Neal taught school in the area and also had a farm.
Dan 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,” Dan 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 Dan Neal, Smith believed David Neal 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 Neal 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 Neal 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, Dan 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 Neal 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 (Neal) said, ‘I take no man’s water but my own.’ Smith then brought the rifle down and shot him,” Dan Neal says.
Though Dan Neal believes the shot killed his grandfather instantly, he says Smith walked within 15 feet of David Neal 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. Dan Neal says a plea of insanity saved Smith from the gallows.
Ellington Smith’s mugshot. (Photo: Dan Neal)
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,” Dan 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, Dan Neal highlights the appeals process and how the case unfolded after Smith’s conviction. It also details conditions at the penitentiary.
Dan Neal worked with Susan Foster, Smith’s great-granddaughter, on research for the book. He 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 Dan Neal. Foster was not available for comment.
It’s a thrill for Dan 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 Dan Neal.
He will be at Walrus & Carpenter Books in downtown Pocatello, Idaho, on Aug. 4 for a book signing. He will be at Winnie & Mo’s Bookshop in Idaho Falls, Idaho on Aug. 5.
The book is available for purchase at both locations and on Amazon.
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