The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-19
COLLEY'S STORY.
Man on Trial for Murder Tells
of Shooting.
Simmons, His BrOther-in-Law
Knocked Him Down.
HE WAS CHOKING HIM.
It Was Then He Fired the Fatal
Shot.
Had Been Frequently Told Sim
mons Was Dangerous.

Oskaloosa, Nov. 19.-The crowds that
are attending the Colley trial increase
each day, many ladies being among the
number.
Immediately upon the convening or
court after the noon adjournment Tues
day Attorney Schaeffer, for the Defend
ant, made his statement as to what the
defense expected to prove. He said he
expected the evidence to show beyond a
shadow of doubt that Colley acted In
self-defense when he killed Simmons.
The jury paid close attention to the
statement made by Attorney Schaeffer
The statement was strong one, and no
doubt had great effect on the jury.
When the witnesses for the defendant
were requested to come forward and be
sworn it seemed as if half the audience
complied with the request.
]. w. Colley. the defendant, was the
first witness to take the stand. Mi.
Colley is Of slight build and has a wea
voice. He stated that he has been in
the real estate and also the hardware
business for number of years at Perry
About week prior tO--the killing he
had fallen into an elevator shaft and
injured himself to such an extent that
1t necessitated his using crutch. he
was using a crutch at the time of the
tragedy. He said that on the evening
of August IA he left the store at about
half past 8 o'clock and from there
walked down to Youngcamp's restaurant
for glass of lemonade. Immediately
on coming out of the restaurant he
heard some one say:
Cooley. hold on there: I want to see
you
He turned and recognized the man as
Summons said: Mr.. ColIey, 1 have
never done anything against you OF
your family, and don't want you talk
ing about me-
Colley REPLIED that his mouth was his
own, and he would use it as he pleased
so long as he told the truth Simmons
then grabbed hold of him and hurled
him to the walk, and then sprang upor
him. Colley shouted to Simmons: "Ge1
off of me and let me up
! Simmons said: No. 1 won't. I've goi
you now. and viii fix you. Simmons
had Colley by the throat at this time
Colley then drew his revolver with hi.
right hand and fired.
/ Colley said that he had frequently
4 been warned regarding Simmons; tina
/ he had been told that Simmons haC
threatened his life. and that knowint
man he was afraid that Simmons in
( tended toxdo him great bodily harm
He explained his reason for CARRYING
a revolver. He said he often had con
/ siderable money belonging to Mr.. LIE
and that he carried the revolver to us
! in case any one should attempt to rol
him.
He denied the conversation with Johl
Billings and James Parnen in which
these witnesses testified that COlley ha,
made threats to them against the nf
of Simmons. Colley further testified tina
several different men had told him DriO
to the tragedy that he had better lool
out for Simmons as Simmons was like
ly to kill him or do him great bodiI
injury.
Most of the afternoon was taken u
by the attorneys in a controversy over
point of evidence The defense sough
to have COlley describe the nature of tn
valentine he received through the mail
| and which Colley submitted to fedora
officers. 1t was this valentine that ten
ded to bring on the trouble between
the men.
= After an hours argument bv the at
torneys in the Colley murder case thi
| morning over the point as to the adnlis
sion of a description of the photograp
sent by Simmons to Colley the court de
cided to admit the testimony.
| Numerous authorities were cited dur
ing the argument of the question. At
| wood for the state and Judge Myers 70
the defense had wordy wax and
personal conflict seemed imminen
when the court interfered and quiete
the attorneys Attorney Atwood finall
the photograph as being a representa-
ton of three persons. a man and tw
women nude. On the back of the pho
tograph was written. From your dea
daughter" The receiving of this pho
tograph is what caused the breach be
tween Simmons and Colley.
COlley withstOOd a very rigid cross
examination at the hands of Attorne
Atwood but his story remained unsha
ken The admission of the descriptio
of the photograph was strong poi5
for the defense.