The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-17
FEUD AND MURDER
SlmmOns-COlley Family Quarrel
and Its Tragic End.
Trial of j. w. Colley Begins at
OSkalOOsa.
MRS. WILLITS' FATHER
He Lost His Life at Hands of
BrOther-in-law.
Much Interest in Jefferson Co.
Where Men Were Prominent.

Colley murder trial commenced today III
the district court before Judge Marshall
GeDhart. There is a great deal of in
terest in the case. F. P. Simmons, the
man who was killed. was the father oc
Edith Willis. who caused a sensation
two months ago by her indiscriminate
love affairs and marriage to w. F.
Elliott, a travelling man. when she had
husband living at Granville.
County Attorney Raines presented the
case for the state and referred back to
supposed causes of the trouble between
! Colley and Simmons which led up to
the killing. He further referred to the
remark of Colley's, That he would new
er be satisfied until he saw Simmons
Kentucky blood spilled upon the side
walk" The county attorney exhibited
a diagram showing the scene of the
killing. His statements seemed to i'm
press the jury.
H. B. Schaeffer, attorney for the de-
tense asked leave to reserve a statement
ment until after completion of the
states testimony, which was granted.
Further hearing of the case was de-
layed for some time awaiting the ap-
pearance of Attorney Atwood.
VIII Austin was the first witness call
ed by the state He testified that he had
known both parties to the suit for over
ten years. Also that he was an eye
witness to the killing of Simmons. Saw
Simmons on the night of the tragedy
standing in front of Youngcamp's res
taurant at Perry, Defendant had just
come out of the restaurant. This was
on the night of August Is. The two men
| were about fifteen feet apart. Witness
heard Simmons say in an ordinary tone
of voice: Mr.. Colley, 1 want to see
/ you" They approached each other and
| Simmons appeared to push Colley to-
| wards the edge of the walk. Colley then
made a move as if to draw a revolver,
/ When Simmons exclaimed. mo you
don't" Simmons then jumped on to
Colley and the shot was fired. Simmons
fell to the ground and expired almost
| Immediately The defendant then arose
from STOPPING posture and remarked,
I'll teach him how to knock me down. +"
A rigid cross examination revealed
nothing materially different from the di-
rect examination.
Charles Mcdonald was the next wit
ness for the state He said that he was
sitting in front of a barber shop near
where the killing happened. His testi-
mony differed little from that of wit
ness Austin.
There are about 100 witness sub
poenaed in the case and it is the opinion
of the court officials that the case will
continue throughout the week.
James w. Colley. the defendant, has
lived in Jefferson county for a long
number of years. His home is at Perry
He is a real estate dealer. and he had
never been in serious trouble until the
tragedy on the night of August 16
when he shot and killed F. P. Simmons
in street alteration. He has always
had the respect of his neighbors and tn
people generally.
F. P. Simmons was a farmer residing
near Perry. and he bore a fair reputa-
ton as citizen.
The beginning of the trouble that led
up to the killing dates back several
years Colley and Simmons were
brothers-in-law. Both married wealthy
half-breed Indian girls named Grinter
who lived in the south part of the coun-
ty. Colley had been financial agent fol
the Grinter family, but when Simmons
married the second daughter he, instead
of Colley. was consulted about business
affairs. This started the feud-
One dav last February the womer
members of Colley's family received ar
obscene picture through the mail. Colley
referred the matter to postoffice officials
who traced the sending of the picture tc
Frank Simmons. Simmons was arrest
ed, indictment charging him with
sending obscene matter through th-
mails was returned against him. he was
convicted and was fined $500. This tend
ed to widen the breach between the two
men.
On August 16 of this year the men met
; in front of a restaurant in Perry and en-
gagged in personal encounter Colle1
had Just emerged from the restaurant
when Simmons. who was standing OF
the outside beckoned to him. Colley ap
preached Simmons, and as soon as ht
got close enough Simmons pushed hin
, over. Colley is a frail man, and wa:
using q crutch a result of an acci
l dent he had met with some time before
r Simmons was large and strong, ant
COlley was no match for him in per
5 sonal alteration. After Colley fell t.
the ground he made a movement as i
reaching for revolver. and Simmon:
e grabbed hold of him. Colley succeeded
2 in getting his revolver and in th'
$ struggle a shot was fired and Simmon:
e fell to the walk, expiring few minute:
after he was shot.
! Colley was brought to Oskaloosa an(
; lodged in jail and several weeks after
the killing he instituted habeas corpu:
proceedings before Judge Gephart ane
was released on $4,000 bond.
: Mr.. Colley employed Judge L. A. My
= ers, of Valley Falls. and H. 3. Schaef
fer and D. H. Morse. of Oskaloosa, t
defend him. These lawyers are consid
@ cred the ablest criminal lawyers of tn
Jefferson county bar They will leav
no stone unturned that will have a ten
, dency to clear their client.
The state viii also be represented b.
: able counsel. John Atwood. of Leaven
worth. and Horace Phinney. of Oska
!, Ioosa. will assist County Attorne.
= Raines in the prosecution
With the execution of one man, tn
jury is composed entirely of farmers
The names of the jury are: A. L. Row
. ell, c. D Peck. H. Kruth. A. Richards
d Tom Bates. B. F. Anderson, A. A
Curl, J. H Miller A. B. Stillman. S. F
:, Green, H. L. Brooks and John Wilson
Il The Jury was secured Thursday o
: last week after the examination of 1
or more OF the Is special jurors dFawr
: On account of the serious illness c
Il some of the witnesses. it was foun
necessary to take their de9osition'
and the case continued over until toda
for that purpose. There are over f
: witnesses subooenaed in the case.
L Public sympathy in the county seem
: to be somewhat divided in the case bu