The Topeka state journal., 1902-11-18
Prosecution Completes Its Case
Against j. w. Colley.
Witnesses for State
Have Been Examined.
TOLD OF THE THREATS
COlley Had Talked of Killing
Simmons.
Obscene Picture Trial in Fed
eral Court Revamped.

OSkalOOSa, Nov. 1S.-The evidence for
the state in the trial of ]. w Colley for
the murder of his brother-in-law, F. P.
Simmons, at Perry last August. was
closed at noon today and a recess was
taken until this afternoon, when the de-
fense opened.
The prosecution has based its case
upon threats made by Colley before the
murder and his actions Immediately
after 1t has been proven that the
Colley and Simmons families were very
bitter toward each other, and that Colley
had made public threats of violence
against Simmons. Judge Gephart is do
ing all he can to rush the case to a
speedy termination, and it may be COM
pleted tomorrow.
John McEndrie and James Beau
champ. who were eye witnesses of the
shooting, testified this morning and their
testimony was .corroborative. They said
that they were in front of the barber
shop in Perry when the fatal affray
occurred. They said that Immediately
after the shooting they heard Colley
Sa-:
I will show Simmons how to knock
me down"
Coroner McCreight testified that he
made the post mortem on the body OF
| Simmons. He testified as to the cOndi-
ton of the body, and exhibited to the
jury the bloody clothes worn by Sim
mons. He also produced the bulle-
which he took from Simmons body and
small pocket knife found in his
Mrs. Simmons, widow of the murdered
man. then took the stand and the first
legal tilt of the trial resulted from ar
| effort of the attorneys for the prosecu-
ton to show that the bad feeling be-
tween CoiIey and Simmons existed be
fore the marriage of Simmons The tes-
| timony on the point was finally ex.
cluded--
Mrs. Simmons testified to the bitter
feeling existing between Colley and
I Simmons. and was then excused, and tn,
state announced that their case wa:
i cOm9lete.
During the trial 18 witnesses have beer
examined by the state. all to corrobo
rate the statements concerning the bat
feeling between the two men and th'
circumstances of the killing.
The trial is attracting large crowds
Much interest is being manifested in th
ease The fact that John Atwood. th
noted criminal lawyer of IeavenwOrtl
is assisting the prosecution, tends to ado
interest to the case.
If the defendant, Mr.. Colley is worry
ing any over the case, his looks ans
/ demeanor do not show it.
The first witness called at the Mon
day afternoon session was ]. T. Will
ingby, telegraph operator of the Uniol
Pacific at Perry. He saw Colley fall t
the walk and after falling saw hin
Simmons was standing in front of Col
ley, when witness saw revolver in Col
ley's hands; he went into the restauran
and was there at the time the fata
shot was fired The witness became eX
cited when he saw the trouble and mad
tracks in another direction. His de
scriptiOn of the speed he used in gettin,
away caused considerable amusement
The testimony of this witness wa
slightly shaken by the cross-examina
ton.
John Billings, the next witness for tn
state, testified that ne had a converse
tion with the defendant. Colley. a
Granville some days prior to the kill
ing of Simmons in which Colley sal
that he was dissa tiSfied with the out
come of the case in which Simmons wa
convicted in the federal court at the in
stigatioR of Colley. Colley said if h
had known the case would result as
did he would have killed Simmons, an
that he would kill him yet if he eye
made crack at him. This was the mos
damaging testimony brought ou
against the defendant.
James Parnell testified that prior t
August IA, 1902, he had converse ito
with Colley in Perry in which Cole
said, in reply to question as to wheth
er he was satisfied over the outcome o
} the case in the federal court that h
was not satisfied by a d-n sight an
would not be urtil he saw some of hi
(Simmons) Kentucky blood spilled o
the sidewalk.
w. j. Lysaght testified. that he is
commercial traveller, that he had con
versation with the defendant prior t
the killing. in which Colley said tha
if he had known at first who sent III
obscene letter, he would have taken
shot at him.
On account of the absence of import
ant witnesses a recess was taken at
o'clock Monday afternoon until ocloc
this morning.
GROCERS EXPLAIN