Judge Walter I. Smith, judge of the United States Circuit Court of Appeals for the Eighth District, who has been incapacitated sine he suffered a stroke of paralysis about two years ago, died at Mercy Hospital this morning at 5 o'clock. Judge Smith had not been in the best of health prior to the stroke, his trouble being diagnosed as hardening of the arteries. Late in the fall his family on the advice of physicians took Judge Smith to California, where he remained the greater part of the winter. Upon his return the judge expressed the opinion that his condition was improving, but physicians held out no especial hope. His condition slowly grew worse rather than improved.

Recently owing to the departure of the male nurse, who had been attending him for many weeks, the judge was removed to Mercy Hospital, where it was felt that he could be better looked after than at home.

Walter Inglewood Smith was born in Council Bluffs, July 10, 1862, the son of George Francis and Sarah H. (Forrest) Smith, who were among the pioneer settlers in the city, where the father was engaged in business as a contractor for many years. He graduated from the city schools in 1878 and spent a short time as a student in Park College in Missouri. In the spring of 1880 he started teaching school in rural Pottawattamie County, continuing until the summer of 1881, when he entered the office of Col. D.B. Dailey, attorney-at-law, as a student. He continued his studies until the winter of 1882 when he was admitted to the bar in Council Bluffs, beginning practice as a partner of his instructor and mentor, Colonel Dailey.

This partnership continued until 1885, when young Smith started out for himself and for two years practiced alone. In 1887 he joined once more in a partnership with Hon. J.E.F. McGee, a relation which was maintained until 1890, when McGee was elected judge of the superior court of Council Bluffs.

Judge Smith was married in July 1890 to Miss Effie Marie Moon, a Council Bluffs young lady of merit and good family and to them four children were born. He is survived by his widow, two daughters, Mrs. Barbara Hall and Miss Grace Smith, and one son, Malcolm A. Smith, all at home, one brother, Forrest Smith, Omaha, and one sister, Mrs. Ingelletta F. Ware, this city.

In Council Bluffs, where he has always maintained his residence, Judge Smith, with his family, has been one of the most prominent and well beloved figures in the city's history. His efforts in behalf of the progress of his home city and state have been constant and the business, professional and social circles of the city are a unit in deploring their loss.

The funeral will be held Sunday afternoon at 3:30 o'clock from the First Presbyterian Church, Dr. J.F. Blanchard, former pastor of the First Congregational Church officiating, assisted by Dr. A.E. Vanorden, pastor of the First Presbyterian Church. Following the services by Dr. Blanchard and Dr. Vanorden, Bluff City Lodge of Masons will give their ritual at the church. The body will be taken to Forest Lawn Cemetery, Omaha, where it will be cremated.

(He is not buried at Forest Lawn Cemetery. The information they have on file is that he was cremated and his ashes were scattered.)