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Great Basin Research |
Essay
- Historical People
The
Lynching of Joe Simpson
Skidoo, Inyo County, California
The legend of Joe Simpson, his life and death is well chronicled. Most say he was a bad man, killed in cold blood and was lynched. However, the aftermath of Joe Simpson is where nearly every published account repeats the legend that he was buried, dug up and rehung for the benefit of the press who came from far and wide to cover this event. But in the early '90s I read a published account from the book "PETE AGUEREBERRY" by George Pipkin, who gave another version of Joe's treatment after death. It is my opinion that Pipkin's version to be true. And, I wondered, if possibly the accounts of Joe's death might be incorrect, what about what the books say about Joe's life?
This lead me to go about searching for information on Joe Simpson from the period press and any other records I could find. I published my findings in "WESTERN PLACES - SKIDOO!" and on the Internet (Here and Here). However, none of these places contains my full working document of Joe Simpson (I say working document, because finding everything about a particular subject takes time and something always pops up when you think you have everything). Herewith is my working document of Joe Simpson - subject to addition at any time.
The
Arnold-Simpson Affair
by
David A. Wright
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We’ll never know exactly why Joe Simpson shot Jim Arnold that Easter Sunday, April 19, 1908. It’s hard enough to tell exactly what happened because there are conflicting accounts that have been embellished in numerous retellings. When it comes to the story of Joe Simpson, most writings published since have focused on his death and the treatment of his remains afterward. After all, he was lynched by vigilantism in Skidoo, California, and the legend of his disinterment and re-hanging for benefit of the press is deeply entrenched. The newspapers of the day focused on Simpson’s murder of Jim Arnold and the subsequent lynching, but are mute regarding his remains afterward. This author wanted to focus on Simpson’s life prior to his appearance on the scene in Skidoo’s history, as well as his murderous actions, death and aftermath. It’s truly wondrous that when the subject of Joe Simpson comes up among historians, what usually follows is spirited dispute. Most books tend to paint Simpson as a n’er-do-well, a bum, a petty thief, a drunkard, an outcast, a worthless man who never contributed to society. |
Yet,
though brief and succinct, early press on Simpson show a different
side of the man that subsequent publications do not. In the course of
research for this publication, the author have not been able to find
much information regarding Simpson’s early life. The earliest
reference by this author was found in the 1900 Nevada State Census.
It gave this information on Joseph L. Simpson, who was living during
June 1900 in the 2nd precinct of Reno, Nevada:
*
Head of household
* White
* Male
* Born September 1874
*
25 years old last birthday
* Single
* Born
in California
* Both parents born in Ohio
* Occupation --
unreadable (appears to be possibly the words "line" and
"cook")
* Can read, write and speak English
* No home
listed as rented or owned
Simpson’s occupation was scrawled on the census form, unreadable, but appears to be possibly the words "line cook." This goes along with sources who say that Simpson was employed at or owned a chop house located in a Reno hotel. It is thought that Simpson eventually drifted south to Rhyolite during the wild excitement happening in the central and southern sections of Nevada and the Death Valley country in California. In Bullfrog, Simpson is said by some to have continued his culinary endeavors.
At what point Simpson came to Death Valley is not clear, but he appeared to have followed the Bullfrog rush south, and then cross into Death Valley. Details gleaned from government records and newspaper items it appears Simpson wanted to be more than a cook and he focused on mining, mine ownership or partnership in mines.
The earliest the author has found him to date in the Death Valley region was December, 1904. Book G, Inyo County Book of Mines, pages 525 and 526 shows Simpson and others forming the Gold Belt Mining District, on December 21, 1904. The Gold Belt district covered much of northern Death Valley and the ranges on both sides, the southern boundary spanning from Towne’s Pass in the Panamint Range to Daylight Pass separating the Funeral Range from the Grapevine Range. On December 22, the organizers of the district held a meeting at a place called "Simpson’s Springs," no doubt associated with Joe Simpson. Meeting attendants besides Joe Simpson were: A.V. Carpenter, W.L. McGregor, George E. Page, G.A. Fattler, Thomas King, Fred Adam, J.L. Starbrough, William Miller. The January 26, 1905 Inyo Register [Bishop, CA] confirms Joe as being in the district, stating in part:
"THE
GOLD BELT DISTRICT
"S. W. Austin
and Lloyd Skinner returned last Saturday from the recently organized
Gold Belt mining district, where they went to relocate claims
discovered by Mr. Austin in 1903 …
… The rich
discoveries were made in December by Harris, McGregor, Simpson, Pagot
and others, are along the northeast slope of Hunter’s Ranch
Mountains, as shown by the map of Inyo county, recently compiled by
County Surveyor Strong."
In January 1905, in Book H of the Inyo County Book of Mines, there is an entry in which Frank "Shorty" Harris and Joe Simpson located a claim in the Chloride Cliff area, across Death Valley in the Funeral Range, near the Keane Wonder mine and mill.
As stated before, Simpson may have spent time in the Bullfrog region, likely during the exciting year of 1905, when the region caught fire in the mining and prospecting frenzy. Many business owners, employees and laborers also dabbled in prospecting and later mine ownership on the side, and Joe Simpson would have been no exception. Though not specifically mentioned by last name, witness this piece of news about “Joe,” a cook or restaurant operator:
“'The Ohio Cafe' will be open July 2nd in the new adobe on second street east of the Montana. Chef “Joe” who has been pleasing the palates of the Beatty people for some time past, will be at the range, so we can assure the public a variety of good things to eat.” -- Beatty-Bullfrog Miner, July 1, 1905
Simpson’s name in the press appeared more frequently by early summer of 1906, pinpointing Simpson at the new camp of Harrisburg and also what became Skidoo:
"A.V. Carpenter and J.L. Simpson, mining men from Harrisburg, arrived in Independence Wednesday morning. They report the southern end of the county as being very lively, and mining property of merit being eagerly sought after." -- Inyo Register, June 6, 1906
“... A big strike has been reported on the Last Hike Claim, formerly owned by Tom Knight, Simpson and others. There is a well defined quartz ledge several feet in width, from which assays running as high as $2000 have been made. This property has recently been purchased by A.V. Carpenter. ...” -- Beatty Bullfrog Miner, June 15, 1906
Harrisburg, and by this time Skidoo, were turning the region’s and the nation’s newspapers attention to the western Death Valley country. Joe Simpson apparently had been in the district long enough that a month prior to this newspaper clipping, Joe Simpson became involved in a mining dispute over several claims in the area that became Skidoo, a dispute that eventually went to trial. He was wrapped up with this trial and subsequent appeals for the rest of his life.
"In the Superior Court of The State of California in and for the County of Inyo Jack Byrne Plff on Tom Knight and Joe Simpson Defts. Complaint Filed May 8th 1906 J.E. Meroney Clerk $5.00 pd Geo. Eagan Jackson Attorney for Plaintiff." -- Superior Court of Inyo County (a handwritten note)
Though Simpson and others are not specifically mentioned, likely this piece in the Beatty Bullfrog Miner, of June 9, 1906 is referring to this same legal case:
WILD ROSE MINES: GREAT QUARTZ
LEDGES YIELDING $100. TO $5000. PER TON.
“…
Attorney George A. Jackson, who has been to Wild Rose in connection
with a grub stake suit, returned highly pleased with the gold
croppings in the district. …”
Jack Byrne was a Goldfield businessman who had grubstaked Tom Knight to locate ore bearing property in the Panamint Range. Somewhere along the line Knight drafted Joe Simpson to aid in his search. What transpired was that one or both of them located several mines that proved very rich right or very near the point of the expiration of the terms of the grubstake, which made Byrne mad enough to try to grab what he thought was his share.
NOTICE
OF PROTEST.
To
whom it may concern: I, the undersigned claim an undivided one-half
interest in the following described mining location viz: The Last
Hike, Venus and Mars, groups of claims located by Tom Knight, and
situated in the Wild Rose mining district, Inyo County, California.
Jack Byrne." --
June 22, 1906 Inyo
Independent
"That on or about the third day of January A.D. 1906, at the Town of Harrisburg, County of Inyo, State of California, the said Plaintiff and the said Defendant Tom Knight entered into an agreement and formed a partnership for the purpose of prospecting for, discovering, locating, and developing and thereby possessing, holding and owning veins, lodes, ledges, mines and mining claims upon public mineral lands in the United States of America, and in and about the ‘Wild Rose Mining District’, County of Inyo, State of California." -- Sworn statement, Superior Court of Inyo County
Jack Byrne and Tom Knight entered into an agreement effective between January 3 and April 26, 1906 that Byrne would supply Knight all supplies and food needed for a prospecting trip, in return for undivided one-half interest in any claims found. At some point Knight located 48 claims in the Last Hike group, eight claims in the Mars group, eight claims in the Venus group and four Jupiter claims; all located in the vicinity of Skidoo, given directions being 3 miles south of Emigrant Springs and 4 miles north of Harrisburg.
Where Simpson came along is vague, even in the records of Inyo County Superior Court:
"That said Defendant KNIGHT subsequent to the making of the aforesaid location as aforesaid, and while the aforesaid agreement and partnership was in full force and effect, disregarding the terms of the aforesaid agreement, and in violation thereof, and in fraud of Plaintiff’s rights, did file for record and cause to be filed for record, and between the ________ - day of - 1906, and the ________ day of 1906, and the office of the Recorder of the said ‘Wild Rose Mining District’ NOTICE OF LOCATION of all above described mining claims, in the name of himself and said defendant JOE SIMPSON." -- Superior Court of Inyo County
Apparently Joe Simpson and Tom Knight were prospecting partners, although newspaper and mining records show he prospected, mined and leased with others.
"And Defendants allege that each and all of said claims and locations were made by and for Defendants Tom Knight and Joe Simpson, for themselves as equal owners and for no other person or persons." -- Superior Court of Inyo County
"ESSENCE
OF WILD ROSE.
“A
big strike is reported on the Last Hike claim, formerly owned by Tom
Knight, Simpson and others. On this claim there is a strong, well
defined ledge of quartz many feet wide, from which assays running as
high as $2,000 has been secured. This property has recently been
purchased by A.V. Carpenter."
-- June 15, 1906 Rhyolite
Herald
SALT
LAKE MEN BUYING MINES AT SKIDOO.
"Poulson
& Weaver of Salt Lake City, well known mine owners of Tonopah and
Goldfield, have just purchased valuable property near Skidoo. A.G.
Poulson, representing the above named firm, was in camp yesterday and
signed papers for the Gaffer and Boratcho claims, situated about a
mile northeast of the town of Skidoo. There is a nine foot ledge on
the property and a good showing of gold. In these claims J.C. Miller
held on-half interest and Fred Oakes, Joe Simpson, James Otis and
Charles Rudolph the other half. The price paid was well up in five
figures, one half cash and the balance in ninety days."
-- December 28, 1906
Skidoo News
LIVE
NEWS OF HARRISBURG.
"Harrisburg
is a lively place this week. The time is not far distant from the
first of the year, when assessment work must be done and the boys
over around the ‘burg are as busy as the proverbial cranberry
merchant at Christmas time. ... P.A. Blunk and A. Baxter are working
two miles south of here, on claims owned by Geroge Pagot and Joe
Simpson. ... W.J. Gibson and Jack Cogswell are working on claims
owned by Simpson and Pagot."
-- December 28, 1906 Skidoo
News
NEWS
OF SKIDOO FROM THE SKIDOO NEWS
MORE SALES.
"Poulson
& Weaver of Salt Lake City, well known mine owners of Tonopah and
Goldfield, have just purchased valuable property near Skidoo. ... In
these claims J.C. Miller held one-half interest and Fred Oakes, Joe
Simpson, Red Ottis and Charles Rudolph the other half. The price paid
was well up in the five figures, one-half cash and the balance in
ninety days." --
January 18, 1907 Rhyolite
Herald
SKIDOO
MINES.
"The
first shipment of ore from the Skidoo camp will be made during the
present month, unless present plans fail. ... The development of the
American Eagle was started this week by a private leasing company
consisting of Fred Oakes, L.E. and C.P. Thompson, Charles Reed, J. L.
Simpson, W.C. Fiedler, John O'Harrow, R.H. Austin, J.N. King, and
H.L. McNew. The lease runs for one year, during which time steady and
extensive development work is to be carried on."
-- June 28, 1907 Inyo
Independent
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But
where Simpson gained the notoriety we’ve all known about is
during his days as part owner of the Gold Seal Saloon in Skidoo.
LITTLE
NEWS NUGGETS
"A.V.
Carpenter’s interest in the Gold Seal saloon has been purchased
by Oakes & Simpson and the business will be continued under this
management." --
December 28, 1906 Skidoo
News
SKIDOO
SHORT NOTES.
"Oakes
and Simpson have installed a big and attractive sign on their Gold
Seal saloon, which is a large frame structure at Skidoo and First
Streets." --
April 19, 1907 Rhyolite
Herald
But though the publications and writers that told the story of Joe Simpson paint him as a down and out, broke and drunken saloon owner, ponder this newspaper announcement:
A
NEW ROAD AND TELEPHONE.
"A
wagon road and telephone line from Keeler to Skidoo is positively
assured. Nearly the entire amount necessary to carry out the project
has been subscribed and the road and telephone should be completed,
connecting the two points, inside of two months. ... Among those
whose subscriptions manifested greatest interest in the project were
A.V. Carpenter, $500; Mrs. A. M. Mates, $500; J.L. Simpson, $500;
Silas Reynolds, $500; A.W. & J.E. Eibeshutz, $200; Boland estate,
$200; H. Levy, $100; Harry Reynolds, $100; Ben Yandell, $100; Jack
Gunn, $100; two county commissioners, $200, and several other
subscriptions whose names are not available, bring the total up to
over $4,000." --
April 26, 1907 Inyo
Independent
Of the four named people pledging the highest amount of $500, Joe Simpson was named among them. A sum of $500 was quite a sum in those days, given the fact that the working class man in the mines made only $5.00 per day or less. The fact that Simpson was among those who gave the most is also an indication that seems to contradict accounts of him since his death.
The author George Pipkin, in his book PETE AGUEREBERRY, describes Simpson as on pain killers because he was suffering from syphilis. Simpson also no doubt imbibed in his wares at the Gold Seal. The Gold Seal sponsored a drinking club that encouraged card carrying members to over imbibe of the spirits that haunt such saloons. A membership card on display at Eastern California Museum reads:
"Hootch Fighters’ League No. 4 HEADQUARTERS AT The Gold Seal Saloon - WINES - LIQUORS - CIGARS. OAKES & SIMPSON, Prop’rs. SKIDOO, CALIF."
The bearer, Mr. Lester Calloway having displayed all the necessary Hootch Fighting qualifications, is entitled to:
" ... a free drink at any old time or place in any hootch dump on earth. (Provided, etc.). Signed: Joe Simpson President - Fred Oaks Treasurer."
The back side of the card reads thusly:
"Rules
Governing Hootch Fighter’s League No. 4:
Rule 1
- Any brother refusing a drink shall be expelled from the
League.
Rule 2 - Two members constitute a
quorum.
Rule 3 - The main object of the
League is to procure hootch, whether you beg, borrow or steal it. Get
it!
Rule 4 - All initiations shall take
place at the Gold Seal Saloon, corner of First and Skidoo Sts.
Skidoo, in front of the bar being the proper place.
Rule
5 - No brother shall retire for the night while there is
a drink in sight.
Rule 6 - The password of
the League shall be "You Bet I Will."
Rule 7
- All hootch dumps shall look alike to members of the League.
Rule
8 -
Any brother finding another in distress shall procure, in any way, a
sufficient number of drinks to alleviate the suffering of the
unfortunate brother."
Heavy drinking during those days was pretty much an acceptable way of life in those lonely camps perched on the edge of nowhere and overindulgence usually didn’t make any press. But as to Simpson’s medical history, newsmen are also generally mute. Simpson did, however, make mention in a couple of newspaper articles during the trial because of unpublished health problems and an undisclosed accident.
"A.V. Carpenter arrived at Independence last Tuesday from Los Angeles. He is party to a suit involving the title to certain mining property at Skidoo which was to have been tried last Monday but was continued owing to the illness of Jos. Simpson, one of the principals." -- June 7, 1907 Inyo Independent
"Joe Simpson, of Skidoo, who was severely injured at Keeler about two weeks ago, is improving rapidly and is in hopes to be able to do without the aid of crutches in a few days." -- July 26, 1907 Inyo Independent
The trial of Byrne vs. Knight and Simpson continued through September, 1907 and occasionally made news in the local press.
"Jack Byrne vs. Tom Knight and Joe Simpson -- occupied the attention of the Superior Court for a couple of days during the week and was then postponed for further hearing until June 3rd, 1907 owing to the absence of a material witness." -- April 5, 1907 Inyo Independent
"Quite a number of Skidoovians were in town during the past week as witnesses and principals in the case of Jack Byrne vs. Tom Knight and Joe Simpson, which has been occupying the attention of the Superior Court for the greater portion of the week." -- July 19, 1907 Inyo Independent
The trial ended in favor of Knight and Simpson, due to lack of proper documentation on the part of Jack Byrne and Knight allegedly locating the mines contested after time specified for the agreed upon grubstake. But Byrne was a sore looser and appealed.
SUPERIOR
COURT NEWS.
"On
Monday in the case of Jack Byrne, plaintiff vs. Joe Simpson and Tom
Knight, defendants, motion for new trial by plaintiff was argued by
P.W. Forbes, Esq., and Ben. H. Yandell and F.C. Sherrer, Esq's, for
defendants. The motion was submitted and the Court overruled
plaintiff's motion. This case is well known as the "Skidoo"
Mining Suit and involves the title to very valuable mineral ground
near the town of Skidoo."
-- April 17, 1908 Inyo
Independent
You would think that Joe Simpson would be jubilant over the outcome and end of the trial, but it was not to be. Two days after that newspaper hit the stands, Sunday, April 19, 1908, Joe Simpson committed the crime that he forever shall be known for.
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MURDER
AT SKIDOO. |
MURDER
AT SKIDOO -- ONE OF ITS LEADING CITIZENS SHOT DOWN IN COLD BLOOD --
MURDERER IN CHARGE OF DEPUTY SHERIFF.
"From
what we can learn from a party who was present in Skidoo at the time
of the killing an unprovoked and uncalled for murder was committed by
Joe Simpson, a saloon-keeper of that place last Sunday. It seems that
Simpson went to Mr. Dobbs, the banker of that place and requested
that he be given twenty dollars. Mr. Todd said: 'Joe you know your
account stands.' Simpson replied, 'I don't care. I want it anyhow.'
The money not being handed out to him he became abusive, and Mr.
James Arnold, proprietor of the building and store in which the bank
is situated, hearing loud words approached Simpson and prevailed on
him to leave the building. Simpson was in an ugly mood and went
around town seeking trouble. Mr. Arnold seeing how matters stood, and
thinking to preserve the peace and quiet of the town, started to find
the Justice of the Peace and have Simpson arrested. Learning that
that officer was out of town about fifteen miles, sent after him and
had him brought back. Between 10:30 and 1:30, the time of the
shooting, and before the arrival of the Justice, Simpson learning
what he had done, approached Mr. Arnold and said, 'Jim, what have you
against me?' Arnold replied, 'Joe, I have nothing against you, but
when under the influence of liquor you are intensely ugly.' On
hearing Arnold's reply, Simpson pulled his gun and shot him,
remarking 'By God, your time has come.' The bullet penetrated the
body in the region of the heart and made its exit in the back just
below the kidneys. The unfortunate man lived only a few hours after
being shot.
Deceased was one of the prominent citizens of Skidoo
and was identified with all its interests. He was highly respected,
and in his death Skidoo loses a citizen who had the best interests of
the entire community at heart.
Joe Simpson, who did the killing,
is well known here as he was one of the interested parties in the
Skidoo mining suit which occupied the attention of the Superior Court
for several days last summer, and in all of Southern Inyo's mining
camps. When drinking Simpson was regarded as anything but
agreeable.
Simpson's preliminary examination will take place
today, and he will undoubtedly be brought to Independence in a day or
so to stand trial before the Superior Court on charge of murder."
-- April 24, 1908 Inyo
Independent
The events that happened are vividly brought out in the Coroner’s Inquest upon Arnold’s murder as published in the May 1, 1908 Inyo Independent:
TESTIMONY
OF WITNESSES AND VERDICT OF CORONER'S JURY.
"The
following is the testimony of a few of the principal witnesses that
were present at the time Joe Simpson killed James Arnold at
Skidoo:
The Jury being duly sworn in upon the request of the
Coroner, they went into an adjoining room to view the body of James
Arnold deceased, and to identify the corpse.
Coroner Thisse
addressing the Jurymen: Do you all recognize him?
Jurymen:
Yes.
Coroner: Who is it?
Jurymen: James Arnold.
Coroner:
Ralph E. Dobbs will please take the witness chair.
Ralph E. Dobbs
wan [sic] then duly sworn.
Coroner: Will you please tell the Jury
what you saw and heard in connection with the shooting of James
Arnold on the 19th of April in the Skidoo Trading Company's
store.
Dobbs: To the best of my remembrance, I was working in th
[sic] bank, when Joe Simpson came walking in after dinner. As far as
I could tell, he was feeling good so paid no attention to him. He
walked toward the back of the store and I knew nothing further until
I heard a pistol shot, and saw James Arnold fall and as near as I can
remember I heard Mr. Arnold say, "Don't shoot again. You've got
me now." As I jumped to the side of my door I saw Joe Simpson
turn around and cover me with his gun. Walking toward me, we
conversed for a few moments and then he turned around and walked out
of the store. I looked over to where Mr. Arnold had fallen and it
seemed to me he had tried to crawl under the counter, but I found he
had crawled down into the basement.
Coroner: Did you see Simpson
with the gun in his hand?
Dobbs: I did.
Coroner: You are sure
that Joe Simpson fired the shot at James Arnold?
Dobbs: I
am.
Coroner: Mr. Dobbs, you are excused.
Coroner: E.H. Tracy
you will please take the witness chair.
E.H. Tracy was then duly
sworn.
Coroner: Mr. Tracy, you please tell the Jury what you know
about the shooting of James Arnold.
Tracy: I was standing at the
Bank counter taking down one of tne [sic] signs, when I saw Joe
Simpson coming into the store. I paid no attention to him. He said,
"Hello Tray, what are you doing here?" I said, "Holding
up the Bank." Then he addressed James Arnold and said, "Jim,
what have you got against me?" Arnold replied, "Joe, I have
nothing against you." Joe then said, "You have. Your time
has come. You've got to die." With that, I turned around and
noticed as James Arnold took two steps backward, Joe came forward,
raised his gun and fired. I thought he was shot through the heart,
for Arnold fell and lay there. Arnold then spoke and said, "For
Christ's sake don't shoot me again." I went out, not knowing
how.
Coroner: You saw Simpson fire the shot?
Tracy: I
did.
Coroner: Do any of the Jurymen wish to ask the witness any
questions?
Follansbee: After Joe shot Arnold, did he leave
him?
Tracy: No; he stood over him until Dobbs drew his
attention.
Coroner: Any further questions.
Coroner: That is all
Mr. Tracy.
Coroner: Ben Epstein, will you please relate to the
Jury what you know about the killing of James Arnold.
Epstein:
About two o'clock yesterday afternoon, I was sitting in front of
Fluger's saloon with Mr. Fluger and Dr. Macdonald, when I saw Joe
Simpson cross the street and go into the store. Fluger made the
remark, "There goes Joe into the store with a gun in his
pocket." Pretty soon, I heard Simpson say, "Jim, what have
you got against me?" Arnold replied, "Nothing." I did
not hear what else was said, but when I heard a shot, I ran over to
the door and saw James Arnold's body lying on the floor and Joe
Simpson standing with a gun over him. I heard Arnold say, "For
God's sake, don't shoot again." I then ran over to Fluger's
saloon to get a gun and not finding one there I ran down to the
Doctor's office. When I came back, Joe was coming out of the store.
Gordon McBain came along and then I saw the Constable right behind
them and the three passed into the restaurant. When I got into the
restaurant the three of them were in a corner. The Constable had hold
of Joe Simpson's wrist, but the three shots fired by Joe in trying to
free himself went into the floor. I took the gun away from Joe and
later gave it to the Constable.
Coroner: You had the gun in your
hand?
Epstein: Yes.
Coroner: Is that the gun (showing gun
marked Exhibit A)
Epstein: Yes, sir.
Coroner: Any of the
Jurymen wish to ask any questions?
Gavelstad: How many shots were
fired in the restaurant?
Epstein: Three, I believe.
Coroner:
Any further questions?
Coroner: That will be all, Mr.
Epstein.
Coroner: Constable Henry Sellers, where you when this
shooting occurred?
Sellers: I was sitting reading a paper in Jack
Shehey's saloon when I heard a pistol shot. I got up immediately and
ran over toward the store and just as I was stepping in the door I
saw the deceased laying on the floor and Simpson put the gun on me,
saying, "Do you want anything?" I then ran back to Shehey's
saloon and tried to get a shot gun. I could not get the shells into
the barrel of Shehey's shot gun, but I got a six shooter from under
the bar. When I got on the outside of the saloon, Gordon McBain was
with Joe Simpson and they passed on into the restaurant. I went after
them and the three of us struggled. I held Joe's gun hand by the
wrist and told Gordon several times to get away. Gordon kept on
interfering to get between Joe and I, so I took my gun and placing it
against his face told him if he did not get away I would kill him.
Epstein then took the gun away from Joe and I threw him on the floor
and told Epstein to get the hand-cuffs on him.
Coroner: You say
Gordon McBain interfered when you tried to arrest Simpson?
Sellers:
Yes, I would have had to kill both of them if that gun had not been
held by me.
Swinnerton (Juryman): Henry, do you think Gordon tried
to help you to arrest Simpson?
Sellers: I don't know.
Swinnerton:
Did Gordon have a hold of Joe?
We all struggled together. [Note:
no name given before comment in paper]
Swinnerton: Did he (Gordon)
hinder you in making the arrest?
Sellers: Yes, he was in the way
and would not get away when I told him to. I had to threaten to kill
him.
Swinnerton: Did Gordon lay his hands on you or
Simpson?
Sellers: I could not say.
Swinnerton: Did he get
between you and Joe?
Sellers: Yes.
Swinnerton: You could have
arrested him yourself if he (Gordon) had not been there?
Sellers:
Yes.
Coroner: Joe did some shooting in the restaurant while you
were there trying to place him under arrest?
Sellers: He shot his
gun off three times and the bullets went into the floor.
Coroner:
Was Simpson's other hand free?
Sellers: Yes.
Coroner: Did he
aim at any one?
Sellers: He tried to shoot me. While holding his
wrist, I tried to keep him from shooting me in the stomach. I did not
want to get hurt.
Swinnerton: Did Gordon protect him while
crossing the street?
Sellers: It looked that way to
me.
Swinnerton: And while you were trying to place Joe under
arrest, did it look like he (Gordon) was trying to protect
him?
Sellers: Yes. He was in the way.
Swinnerton: He obeyed you
when you threatened to shoot him?
Sellers: Yes. Only when I put
the gun in his face and he kept interfering with the prisoner after
he was under arrest.
Swinnerton: In what way did he
interfere?
Sellers: He (Gordon) came around and wanted to buy
drinks for him. He hallooed when I took Joe to the guard house and
came around this morning and tried to see him.
Shackett (Juryman):
Did Joe admit to you that he did the killing?
Sellers: He admitted
to his partner that he did the killing.
Shackett: Did you hear Joe
make this remark about killing him?
Sellers: Yes; I heard him tell
his partner that Jim had kicked him and that he could not stand for
that.
Swinnerton: Did you hear him say that he was a Bohemian; a
hero, and a true blue?
Sellers: Yes. He was trying to be a
hero.
Swinnerton: Did you hear him make the remark that he had a
lot of fun doing it?
Sellers: No; I did not hear that. I heard
Fred Oaks telling Joe what a terrible thing he had done and that if
Arnold had a gun he would not have cared.
Coroner: Who was present
in the saloon when this conversation took place?
Sellers: Tracy,
Jack Shehey and a fellow named Sharp.
Coroner: Any further
questions to be asked the witness?
Coroner: That is all Mr.
Sellers.
Coroner: Jack Shehey will please take the witness
chair.
Jack Shehey was then duly sworn.
Coroner: Tell the Jury
what you heard and saw.
Shehey: Fred Oaks came into my place and
told Joe what an awful thing he had done, Joe replied, "Yes
Fred, and I had a lot of fun doing it. Just look at the fun I had
doing it." and [sic] then he would laugh. Oaks said, "Joe,
the man can't get well." Joe replied, "I am glad of it."
He said that at least half a dozen times.
Coroner: Who else was
there at the time of this conversation?
Shehey: Henry Sellers and
Sharp.
Coroner: Any further questions?
Coroner: That will be
all."
Jim Arnold is dead. But what about Joe Simpson? Read about his fate and grizzly aftermath on Page 2
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, 2004, 2005, 2006 D.A. Wright
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