, 1924-04-16
~LOCKHART)

Basin, Wyo.-The jury in the case
of the State against William L. Simp-
son charged with manslaughter in
connection with the shooting of Ed
Rains on August 10Th, was dismissed
at $3.50 on Saturday afternoon by
Judge Harry Burgess after informing
the Court that they were unable to
arrive at a verdict, the last ballot
standing 8 to 4 for acquittal, a num-
Der of ballots being 10 to 2 for acquit-
tai.
The defendants bond was extended
to appear at the next term of the
District Court in November at Basin,
Wyoming.
1t is rumored that the chief OBJ
stacle in the way of an agreement vas
an Italian cobbler, of Basin, Big Horn
County, where the case was taken
upon a change of venue, and who
from the first ballot was determined
upon a conviction, refusing with an
unreasoning obstinacy to listen to
argument or to consider the evidence,
the law or the Courts instructions.
At the close of the States evidence,
presented by E. J. Goppert, prescott
ing Attorney for Park County, Judge
Burgess instructed the jury that he
would take from theiI consideration
the charge of murder in the first de-
gree, for the reason that the State
had failed to introduce any evidence
to show generalization which is one
of the elements of murder in the first
degree.
Judge Burgess also charged the
jury that they should not consider
murder in the second degree, for the
reason that no malice had been prov
en- by the State thus leaving only the
charge of manslaughter for their con-
s~ideration.
The trial did not begin until We'd
nesday about eleven, there being a
delay after the Judge had arrived at
Basin on account of Mr.. Goppert not
having brought a transcript of the
records of Park County and which
had to be SEN for.
f. j. Goppert was assisted by w.
C. Snow, prosecuting Attorney for
Big Horn County, while the defense
was represented by E. E. Enterline
of Casper, r. B. West OF Basin and
w. l.. Walls of Cheyenne.
Mr.. Goppert did not spare expense
in his efforts to obtain a conviction,
subpoening "a witnesses to make out
his case. In some instances these
witnesses were called to testify to
facts which the defense did not deny
and to corroborate each other regard
ing some small detail.
1t is estimated that the cost to Park
county will approximate S%6,00O.00.
The evidence introduced by the
State was practically the same as that
brought out at the preliminary hear
ing. In presenting his case Mr.. Cop
pert passed over lightly the incident
of the murderous assault of Rains up
on the defendant, and concentrated
his efforts upon attempting to prove
that the defendant started out from
his office some 20 minutes after the
assault for the express purpose Of
killing the barber.
His chief witness was Henry Pool,
the proprietor of the Mint pool hall
at Cody. Pool swore that Rains did
not turn his head as Simpson entered
and so was W of his presence
until he was struck twice IN the head
with the latter's six-shooter. His
testimony contradicted that he had
given at the Coroner's Inquest, when
he had sworn that Rains was standing
sidewise, facing Simpson rs he came
in the door and that Simpson hit him
on the side of the head twice before
they came together.
The State commended that the first
two shots fired by Simpson went
through Rains and lodged in the wall
nine feet and seven inches high in
the sidewall. Another was stopped
by two silver dollars in Rains pocket,
while the third, fired when Rains was
on top Of him, went wild. The State
called l.. l.. Newton to testify that
the defendant said: 81 done it, New.
ton. | had to do II. He assaulted
me and I'm n cripple"
A. b. Larson, n witness for the de-
tense, and Ben Williamson, a witness
! for the State, who stood close to
Simpson ut the same time stated that
they heard him say only, 81 did It. !
had TO protect myself"
Leota Loomis and other witnesses
we're called by the State to prove that
Simpson had admitted the shooting
and although laboring under excite.
ment vas otherwise normal.
Simpsons defense to the charge
WINS "self defense, and convincing