, 1924-04-16
Simpson Murder Case Will Be Held Over to November Term
of Court MANY Ballots Taken But No Agreement
Reached Defendants Bond Extended

the contention that the shooting of
Rains was actually self defense and
iustifiable. They brought out the
fact that the Town Marshal, Clarence
Shrine, had failed to do his plain duty
in not arresting Rains after his muir
derous assault upon a peacable citi-
zen, that he had given contradictory
testimony and that he more than any
other person, was responsible for the
shooting in the Mint pool hall be-
cause of his failure to arrest Rains.
Trough the witnesses who came
voluntarily from Denver and Casper
to testify in behalf of Mr.. Simpson,
the jury was given a picture of one
of the most ~cowardly, unwarranted
and brutal assaults ever committed
upon a citizen of Cody quietly attend
ing to his own business. ID. H. By
rnes, manage of the General Cigar
Co., of Denver, Mrs. Eta Williams,
employed in the County Clerks of
flee in that city, and MI. and Mrs.
Harry Black of Casper, described. the
attack and subsequent events in
graphic language.
They told how the defendant fell
in the street as if struck by a sledge
hammer when hit from behind by the
drunken barber who then went swag-
gering OF his way boasting of his act
to all who would listen. The tourists
testified that they thought the man
assaulted was dead as he lay in the
street, limp and unconscious and of
their efforts to find the marshal.
Mr.. Byrnes testified hat he heard
Rains say to the marshal at the en-
trance of the Cody Drug store as he
passed his money: "Here's SIS and
here's $40 more, and l can get a
thousand more if you want it." (Sir-
rine testified he took only SIS for
Rains fine and cost. saying as he
moved off, "Now, I'm going to get a
gun and kill The
While this did not come out in the
evidence, it is a fact that Mr.. Byrnes
at this time protested to the town
marshal against Rains being allowed
to remain at large in such a frame of
mind. The Marshal walked away
without replying to his protest.
oilIll SWOIe tIdl hdlIS was nOl
intoxicated and did not use profane
language in the Cody Drug store.
Audrey Wilder and Pearl Jones, two
High School girls called by the de-
Tense, testified that he was intoxicat-
ed and cursed in their presence as
they stood in the store.
C.. J. Siggins testified that Rains
stopped him on the street not more
than four minutes before the shoot
ing in the pool hall, and boosted of
his act in knocking Simpson down,
adding: "And the next time l knock
him down he won't get up"
Dallas Tinkcom testified that Rains
had asked him if he would go on his
bond, declaring his intention of as
saulting Simpson every time he met
him.
William l.. Simpson testifying in
his own defense, denied hat he went
out to hunt for Rains after being left
at his office by Claude O'Shea and
Joe Davenport, who had helped him
there from Ernest Ricci's pool hall.
He said that he was violently i'll,
n~auseated after they left him and that
when he went out still in a dazed
condition, the thought in his mind
was to get some coffee. The State
showed that upon being taken to the
Jail, coffee was one of the first things
he asked for, in support Of his state
mont.
He said that when he went into the
pool hall il was for the purpose OF
getting coffee at the lunch countel
in the rear and he did not know that
Rains was inside Mt the time he en-
tered. that when he entered the
pool hall he was very close to Rains
who stood mt the cigar case facing
him; that Rains ~crouched, as II about
to spring at him, with n vicious look
on his face; that he drew his gun as
Rains started at him and he com
menced striking Mt him; rs Rains
rushed him he pulled the trigger and
heard shots; that Rains bore him
down and his head struck something
which he thought was n table or the
floor. which made IL dark; and that
it appeared to him, his head was un.
der n bar rail; that he could not get
IN. and that Rains was on top Of him
Mr.. Simpson testified that on Friday
Christian Snnda ut the Post Office
had told him thpt Rains intended 70
ret him. On the same day, II. Il
Robertson had told him TO look out
for Rains as he, Rains, had ii In for
him. Simpson further testified that