The following 219 pages are the exact trial transcripts….
Courtesy of Delicia Reynolds
The Old Gwinnett County Courthouse, built 1885
JURY TRANSCRIPT IN THE MURDER TRIAL OF VIC DOWIS
FOR THE MURDERS OF JOSEPH AND ORION SIMPSON
The State of Georgia Vs. VICK DOWIS
Indictment for Murder.
Gwinnett Superior Court.
September Term 1922.
Verdict of not Guilty.
Before his Honor, Judge Blanton Fortson, and a Jury:
Appearances:
For the State:
W. O. Dean, Solicitor General W.C.;
K. Johnson, M. D. Irwin and R. N. Holt.
For the Defendant:
Judge I. L. Oakes, Hon. O.A. Nix and Mess. Kelley & Kelley.
JURY
1. F. M. Moore,
2. J. F. Despain,
3. H. T. Bailey,
4. M. W. Corbin,
5. S. N. Edmonds,
6. W. R. Wages, |
7. W. H. Malbie,
8. C. M. Bailey,
9. P. L. Keown,
10. E. L. Gresham,
11. W. H. Bowman,
12. W. O. Weathers.
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Dr. O. O. Simpson, sworn, testified as follows:
Direct examination by Mr. Dean:
Q Your name is Dr. O. O. Simpson?
A Yes, sir.
Q What are you engaged in, what business or profession?
A I have been an active practitioner until the last few years until I had a break down in my health.
Q On the 20th of February 1922, did you see J. H. Simpson?
A Yes, sir.
Q Where did you see him?
A In the home of Dr. Christian, at Duluth.
Q Where is he now?
A He is buried at Mount Carmel Cemetery.
Q How long did he live at that time?
A He was dead at the time I reached him.
Q Did you make any examination of his person there?
A Yes, I did.
Q Go ahead and tell the jury in your own way just what you found and describe the wound and everything?
A When I reached Dr. Christian's that afternoon Dr. had
telephoned me or had it done and the boy had died in the meantime while I was on the road. I found him lying in
Dr. Christian's sitting room on the bed. They said he had just died; and Dr. Christian was present, Reub Gantt and
Emmett Cruce was present, and I think one of the McGee boys was present, and I am not sure about Reese but he was
there but whether he was in the room at the time or not I don't know, and I said I hope gentlemen everybody that is
present will see me go through this man's clothing and what I find on him and what I find the condition of his body to
be. We went through his clothing and everything on him, and at last I says let us see his body and what caused his
death and we stripped down his clothing and we found him shot. He was lying on the bed and the bed had quilts
and things on top of it and it didn't mash in and just about where the body rested on the bed I could see a little
hole there. I had him eased up to his right side and asked Dr. Christian to give me a probe and I asked everybody
to watch it and see which way it went. I probed down into the wound and I says well, gentlemen, the ball has gone
downward and forward, and I eased him back; and I was standing on his left side end we pulled his
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clothing down and I could see sticking in there a knot on the flesh and I reached over and felt of it and I says
Dr. Christian give me a knife -and I says gentlemen I want -you-a all to watch and see what I find - and I split
that little lump down and I found it to be a steel jacket ball, and I found it down in this side, I would say from
2 to 4 inches lower than the hole went in back on the left side of the back.
Q Doctor, show the jury just where that bell went in. You can show them by me. (Showed jury.)
A Counting down, I think it was about the 8th rib, and the ball went in just about along there, and it went
in forward and downward and was cut out down here in front of his arm. I was standing on the far side
of the bed looking over him and I could see the lump before I went on that side of the bed.
Q What was the cause of his death, doctor?
A That pistol shot wound.
Q What else did you find on his person?
A I found a pocket book and a piece of tobacco.
Q Anything else?
A No, sir that was all.
Q That was all he had in his pocket?
A Yes, sir.
Q State whether or not you made a thorough examination?
A Yes, sir; he was in his shirt-sleeves and had on overalls.
Q Had he had on any other clothes?
A Underwear.
Q Overcoat?
A No, sir, and. no dress coat; he had on a heavy shirt and
had on overalls that come up high, with apron on here; he had on pants under those overalls.
Q You say that wound produced his death?
A Yes, sir-
Q How long after he was shot, doctor, was it before you
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saw him.
A I could not tell only from hearsay. As soon as
he reached Duluth they telephoned for me and I went as quick as I could get there in a car.
Q What time in the afternoon?
A It was late in the afternoon, being winter time,- that
was the latter part of February,- I would say it was between 4 and 5 o'clock.
Q What was J. H. Simpson's given name?
A Joe. We all called him Joe.
Cross examination:
Q Doctor, you of course, was not at the scene of the killing?
A No, sir.
Q Do you know where that place was at?
A Yes, sir.
Q That is at least a mile from Duluth this way?
A Yes, sir.
Q He had been carried by somebody from where he was shot a mile this side of Duluth to Dr. Christian's home?
A Yes, sir.
Q And then you had been telephoned to Norcross to where you lived?
A Yes, sir.
Q How far?
A Six miles.
Q Then you had gone from Norcross up there?
A Yes, sir.
Q It must have been at least 30 minutes before that?
A I guess so.
Q Of course, you don't know what was on his person before you got there?
A No, sir I
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could not say.
Q You don't know that his brother-in-law carried him from the scene to Dr. Christian's home?
A It will develop in the trial.
Q You saw only where one shot hit?
A Only where one shot hit, took effect.
Q It entered on the left side just back of the arm dropped down?
A Yes, sir.
Q And came out just in front of the right arm dropped down?
A Yes, sir.
Q Then he was not shot in the back?
A He was shot just at the junction of the back and side. Of course, he was not round like a log, he was square.
Q You know what we mean by a man being shot in the back?
A He was not shot in the center.
Q Only on the side?
A He was shot just about the junction of the side.
Q Isn't it true he was shot in the side?
A He was shot just about the junction of the side.
Q Would you call that his back?
A Taking a measurement -- if we were to split him in quarters, halve him that and this way, that would have
been behind that center line.
Q On the side?
A Yes, sir.
Q Nearer the side line than the back line?
A When a man turns his back on me I consider all that surface I see his back.
Q The range of the bullet wasn't from directly from behind but ranged this way?
A It ranged forward and downward.
Q But it ranged from one side to the other, didn't it?
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A It came out over in front, a good deal in front of where it went in on the opposite side.
Q It ranged more to the right side than it did to the center of the front?
A Possibly might have a little.
Q Don't you know it did, doctor?
A No, sir.
Q You found a pocketbook and a piece of tobacco?
A Yes, sir.
Q Did you undress him?
A I went through everything he had on and all over him in every pocket and felt all over him and asked the
people there to assist me in searching and making the examination.
Q You don't know what was taken off of him before that?
A No, sir I could not say about that.
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Floyd Brannon, sworn, testified as follows:
Direct examination by Mr. Dean:
Q Your name Floyd Brannon?
A Yes, sir.
Q Where do you live?
A At Duluth.
Q On the 20th day of February 1922, did you see Vick Dowis?
A Yes, sir.
Q Did you see J. H. Simpson?
A Yes, sir.
Q Were you present at the time of the shooting?
A Yes, sir.
Q Did you see it?
A I saw part of it, yes, sir.
Q Tell the jury in your own way just what you saw and what J. H. Simpson was doing when Mr. Dowis shot him,
what was he doing
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to him?
A At the time he shot him?
Q Yes, sir?
A I wasn't looking right on at the first of it, I had walked back up to Corley's and Bill McGee's car
fixing to go back to town when I heard the first shot fire and then I looked around.
Q Just start in at the beginning and tell the whole thing?
A On this day along about 3 or 4 o'clock in the afternoon I was at the store and Vick Dowis came up and
stopped in front of my place of business and I was standing in the door and he motioned for me to come out there
and I went to the car and he said do you want to go out and ride a piece and I says where and he says out the street
a piece. I crawled in the car and we went on out a piece and he told me it had been reported there was a car out
there with whiskey and was going out there to see about it. We went on and as we topped the hill going
out there we saw two cars standing in the road in front of Mr. Bill Knox's home and he says I guess that is one now,
and we went on and both cars were headed towards Lawrenceville and we rolled up to Simpson's car in the middle of
the road and there was another car on the other side and we rolled up to Simpson's car and stopped and Vick got out
and walked around the car and Joe Simpson was under the car drawing out gas. So he asked some question some way I
don't just remember the words he said but anyway he said it had been reported there was some whiskey out there and
he come out there to search the car, and Mr. Moore I think is the man the other car belonged to and he asked them
what they were hauling and Moore said he was hauling his wife and he told him he wanted to search his car and Moore
says all right and he kindly looked through Moore's car and told Mr. Moore he could go on; and then he said something
about searching Simpson's car and Simpson asked for his authority to search it and Vick told him he didn't have
any warrant but he
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could get one and Mr. Simpson says all right you will have to get one to search my car. I was
sitting up in Vick's car at this time and he told me to go back to town and get a warrant; so he and Simpson
kept arguing a little around there and Simpson says you don't know who to get a warrant for. I says Vick what
kind of a warrant who for. He says tell Mr. Quinn to send me a warrant for Mr. Simpson and a Ford car. I went
and told Mr. Quinn what Vick said and he went out to the house and got the warrant and brought it back and I
asked Mr. Reese the bailiff who come up there to carry the warrant to him and he wouldn't do it and I got in
the car and carried the warrant out to Vick, and this Boy Corley and Bill McGee were there in a Coupe car about
fifteen or twenty yards away headed towards town, fixing to come back to town and I walked up to the car
where they were standing and put one foot on the running board of the car and the other on the ground and I asked
them about coming back to town with them and they said all right and about that time I heard the shot and I looked
around in time to see Orin Simpson fall.
Q Go ahead?
A They were all three almost in front of Simpson's car, Joe Simpson's car kindly about the left front wheel,
all three of them kindly bunched up together and I saw Joe kindly run back the other way, I don't know how many shots
were fired all right close together, I saw Joe then fall back off of the road a little piece and turn and walk back
to the car, McGee's car and they put him in it and carried him to town.
Q Who was doing the shooting?
A Vick Dowis.
Q What was he shooting?
A I suppose a pistol, I never did see, but I was off a piece.
Q You didn't see any gun there, any shotgun or rifle there?
A No, sir.
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Q Did any one else have a pistol there?
A If they did I didn't see it.
Q Which one did you say was shot first?
A I suppose Orin was shot first, when the first shot fired I turned quick that way and saw him fall backwards.
Q You said that you went to town after a warrant, did you get one?
A Yes, sir.
Q What did you do with that warrant?
A I carried it back to Vick.
Q Did you give it to Mr. Dowis?
A Yes, sir.
Q Where was Mr. Dowis and the Simpson boys at that time?
A They were standing there at Simpson's car.
Q Was there any trouble between them at that time?
A They were just standing there, I never heard anything right at the time, I give Vick the warrant.
Q What did you do when you gave him the warrant?
A Frank Mattison was driving the car that I was in. We drove out a little piece farther. I did not get out of
the car and he drove out a little piece farther and turned around and drove back by Boy Corley and Bill McGee coupe
and stopped.
Q Did you get out of the car then?
A I sit there a few minutes and then got out. I heard Boy Corley and Bill McGee say they were going to town
and I got out and went up to the Coupe car then.
Q What became of Mattison?
A He got out of the car.
Q Where did he go?
A I couldn't tell you somewhere around there.
Q Had you gotten out of the car before the shooting took place?
A Yes, sir.
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Q You had gone up to the car where Boy Corley and Mr. McGee was?
A Yes, sir.
Q What was Mr. McGee and Corley doing?
A They were sitting in the Coupe car.
Q Facing in what direction?
A The car was facing Duluth, headed towards Duluth.
Q I believe you said that the car of Mr. Simpson was headed towards Lawrenceville?
A Yes, sir.
Q What attracted your attention back there then, back to the Simpson car?
A When I heard the gun fire just as I heard it I looked around right quick.
Q Did you see anything else except the shooting?
A They were all kindly in a little skirmish, moving around I could not tell all at once what they were doing.
Q You say when the first pistol shot you heard it and looked and looked around and Orin fell, is that right?
A Yes, he fell just as I turned back.
Q What did you see Joe do?
A Joe he run back between the car and me back into the field a little, and he run I guess as far as from
me to that window, I don't know how far and kindly slipped and fell to his knees.
Q How far was he from Mr. Dowis at that time?
A I don't know, I will say fifteen or twenty yards.
Q Was that before or after he was shot?
A I could not tell you, all the shots seemed to be right along together.
Q How many shots were fired?
A I couldn't tell you that, I didn't count them.
Q When you saw him out there ten or fifteen feet, what did Joe do then?
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A He come back towards the car.
Q Did he go to the car?
A Yes he got back to the car, to Mr. McGee's car, back to Boy Corley and Corley took hold of him and helped him
in McGee's car.
Q He didn't go back to the Simpson car?
A No, sir.
Q Did he ever fall?
A He kindly fell to his knees, the best I remember, I don't
think he ever fell flat down. I think he caught on his knees and hands.
Q What did you do then?
A I went back to where Orin was.
Q Where was he?
A Lying in the road.
Q What if anything did he have in his hand?
A I didn't see anything.
Q Did he have anything in his hands?
A I didn't see anything.
Q What did he have around him, if anything, that indicated he had had?
A I didn't see anything around Orin. His hat was lying two or three feet away from him. When I got back
Vick had picked up his hat and put it under his head, under Orin's head.
Q Who went to town with Joe?
A I think Foster went with him.
Q You say he went in McGee's Coupe?
A Yes I think Buck Foster drove him.
Q When you went back there, I will ask you to state whether or not you found anything around where you saw
Joe -- when you went back to the Simpson car, state whether or not you found anything around where Joe went, did he
have anything in his hand or anything?
A You mean around the car?
Q Joe Simpson, what did he have?
A I didn't see him with anything.
Page 11
Q You stated the way he went when the shot fired, did you see
anything around there that he had in his hands?
A I didn't go down there where he kindly fell to his knees; I
didn't stay there but a few minutes and I went on to town.
Q When you went after the warrant did you get the warrant?
A Yes, sir.
Q Who signed it?
A I don't know.
Q Do you know whether it was signed or not?
A No, sir I don't.
Q Did they ask you to sign it?
A Yes, sir.
Q What did you do?
A I didn't sign it.
Q What, if anything, did you refuse to do when you went after the warrant?
A Mr. Quinn he told me to come and go out to the house with him and I had some business in the store and I told
him I couldn't go, a drummer or somebody wanted to see me in the store. I told him to go ahead and get the warrant and
I would carry it back or get some one to; and he went to get the warrant and while he was gone Mr. Reese came around
there and I asked him to carry it and he said he couldn't; and when Mr. Quinn come back with it he asked me to sign
it but I didn't sign it, but I took it and got in the car with Frank Mattison and carried it on out there and gave it
to Vick.
Q Did you refuse to sign your name to it?
A Yes, sir.
Q State whether or not you refused to sign anybody else's name?
A Yes.
Q Were you asked to sign anybody else's name?
A Yes, sir.
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Q Whose name?
A Vick Dowis'.
Q And you refused to sign his name?
A Yes, sir.
Q You carried the warrant back in that shape?
A Yes, sir.
Q And gave it to Mr. Dowis?
A Yes, sir.
Q You stated in the beginning of your testimony that you were asked to go out there by Vick Dowis?
A Yes, sir.
Q That when you got over the hill that you saw the two cars?
A Yes, sir.
Q And that he said something about going to search the cars?
A He said it had been reported there was some whiskey out there and he was going to see about it.
Q What did you say to him?
A I told him I expect I had better not go, then he says O' yes go on with me.
Q What else was said by you and Mr. Dowis at that time?
A He told me he says there is a pistol right there in that pocket at the door and
says when we get out there put that in your pocket.
Q What did he say about searching with the use of that pistol?
A Wasn't anything said about searching the car then, hadn't got to the car at that time.
Q Had you got the pistol?
A No, sir.
Q When you did get up to the car, what did he say, if anything, Mr. Dowis?
A He didn't say anything to me; when he got there he just got out.
Q What became of the pistol?
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A The pistol was in the pocket of the car. It stayed in the pocket of the car.
Q What did Mr. Dowis state to you with reference to searching that car one way or
the other when you were in about 200 yards of the car?
A He says I guess that is the fellow, we will see what they have got, something to that effect.
Q Was that all he said?
A Yes, that is all I remember right now.
Q What did you ask him about this, about searching him without a warrant?
A I didn't say a word to him about it.
Q When was the search warrant first mentioned?
A After we got out there and Joe refused to let him search.
Q Had there been anything said to Dowis about a search warrant on up to that time?
A No, sir.
Q Now, what County was that in?
A In Gwinnett County.
Q How long was it after this shooting before you saw Joe Simpson again?
A After the shooting before I saw Joe?
Q Yes?
A Well, it was about 30 or 40 minutes, I guess.
Q What side of the Simpson car did you drive up on?
A You mean Vick and me.
Q Yes?
A We drove up on the right side.
Q And the Simpson car was on the left of the road and you came in on the right of the car?
A Yes, the Simpson car was kindly in the middle of the road and Mr. Moore's car
over on the left of it. All three of the cars were headed towards Lawrenceville.
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Q What, if anything, did you see in the Simpson car when you drove up there?
A I never saw anything.
Q Were the curtains up?
A No, sir they were up on Mr. Moore's car, back curtains down.
Q What was the condition of the car at that time, the Simpson car, was it in
running order, or were they working on it, or what were they doing?
A I don't know; they were not working on that car; Joe was down under Mr. Moore's
car drawing gas out of it, and Simpson's car was just standing there.
Q Were you there when Mr. Moore left?
A Yes, sir.
Q How long after that was it before you went back to town?
A I don't know exactly, not but a few minutes.
Q What was Dowis doing when you started back to town?
A Joe was wanting to drive off and leave.
Q What did he say about going off?
A He told him he didn't have time to fool with him, he was going on and started
to crank his car and Vick caught him in the overall bib and says you are not going to drive off, says I am going to
search this car before you leave here. He wanted to drive off and leave him.
Q What did you do then -- what position were they in when you left there?
A They were both standing there, Vick had his overall bib when I left there.
Q Vick had hold of Joe's overalls holding him?
A Yes, sir.
Q Where was Orin?
A I hadn't seen him at that time.
Q Hadn't seen him at all?
A No, sir.
Page 15
Q And you left them to go back to town and he was holding Joe?
A Yes, sir.
Cross examination by Mr. Nix:
Q Your name is Floyd Brannon?
A Yes, sir.
Q As I understand, you say you were there in Duluth that day when Vick Dowis, the
defendant, came along in his car and asked you to take a ride with him, is that right?
A Yes, sir.
Q You asked him where he was going?
A Yes, sir.
Q And he said he was going out the road a piece?
A Going out the street a piece.
Q Then you got in the car with him?
A Yes, sir.
Q And you all came out the Lawrenceville road?
A Yes, sir.
Q Out to Mr. Bill Knox's?
A Yes, sir.
Q That is where you found Joe Simpson and this car stopped in the road with Mr. Moore with his car stopped?
A Yes, sir.
Q That is about a mile this side of Duluth?
A Something like that.
Q Somewhere around a mile?
A Yes, sir.
Q When you came over the hill in sight of these cars, you saw two cars standing there side by side?
A Yes, sir.
Q And Mr. Dowis remarked "I guess that is them now"?
A Yes, sir.
Page 16
Q You all drove on down and you found Mr. Simpson's car headed towards Lawrenceville?
A Yes, sir.
Q And it was nearly in the center of the road?
A Almost.
Q Just to the right of where it was standing was a little plum orchard that comes
right up to the edge of the road and bushes and things?
A Yes, some bushes, kind of broomsege patch.
Q On the other side was Mr. Moore's car on the left headed the same direction?
A Yes, sir.
Q They were standing there side by side?
A Yes, sir.
Q When you got down there you didn't see Joe Simpson at first?
A The first man we saw was Mr. Moore.
Q In a few minutes you discovered that Simpson was under Mr. Moore's car drawing gas?
A Yes, sir.
Q Mr. Dowis didn't know Moore, did he?
A I don't think he did.
Q What did he say to him? -- He said to Mr. Moore what are you all hauling?
A Yes, sir.
Q Mr. Moore says I have been hauling my wife?
A Yes, sir.
Q Did Mr. Dowis ask him if he had any liquor in his car, or words to that effect?
A Something to that effect, yes.
Q Didn't Mr. Dowis say it had been reported that they had whiskey down there?
A Yes, sir.
Page 17
Q Mr. Moore says I have not got any, you are welcome to look in my car, or words to that effect?
A Something that way.
Q The curtains to Mr. Moore's car were up?
A Yes, sir.
Q The back curtains down?
A Yes, sir.
Q What was Mr. Dowis' conduct toward Mr. Moore and Mr. Simpson, did he curse
them; how did he talk, was he gruff in his manner?
A He was kind.
Q How did Mr. Moore talk to him?
A He was kind.
Q And he said to Mr. Dowis he could search his car if he wanted to?
A Yes, sir.
Q And Mr. Dowis walked over and looked in his car, just peeped over, didn't he, through the edge of the curtains?
A Yes, sir.
Q And he said to Mr. Moore I am satisfied from the way you talk, you haven't got any whiskey in your car?
A He says I don't know you, Mr. Moore, if I did I wouldn't look in your car, but
as I don't know you I will have to look in your car.
Q Did he get up in Mr. Moore's car?
A I don't think he did.
Q When he said that Mr. Moore said it was all right?
A Yes, sir.
Q And he sorter pushed back the curtain and looked through?
A Yes, sir.
Q And about that time Joe Simpson came out from under Mr. Moore's car?
A Somewhere about that time.
Q And when he got up and saw who Mr. Dowis was he says you
Page 18
are one of them God damned bone dry agents?
A One of them damned bone dry agents, something like that.
Q You ain't sure he used the word God?
A No, sir but I know he used the damned.
Q You are one of them damned bone dry agents?
A Yes, sir.
Q Then Mr. Dowis asked him what he was hauling?
A Yes, sir.
Q And Simpson says why most any old thing?
A Yes, sir.
Q Mr. Simpson was very abusive to Mr. Dowis, wasn't he?
A It seemed so, yes, sir.
Mr. Charters. We object. That is a conclusion.
Q What did he say to him in the way of abuse?
A He just said you are one of those damned bone dry agents.
Q What else?
A I don't remember what else.
Q He cursed him, didn't he?
A Yes, I heard several curse words.
Q Very bitter curse words?
A I heard a few damns used.
Q Did Mr. Dowis use any dams?
A No, sir I didn't hear him use any.
Q Finally Mr. Simpson said he was not going to let him search that car unless he got a warrant?
A He told him he could search it but he had to have the right kind of papers.
Q He said he was not going to search him unless he got a paper?
A That is what he said.
Q At that time there were you and Mr. Dowis and Mr. Moore and Mr. Simpson, and
about that time Mr. Moore drove off, didn't he?
A Yes, sir.
Q And that left you three there, is that right?
Page 19
A Yes, sir.
Q Then Mr. Dowis asked you to go back to town and get a search warrant, didn't he?
A Yes, go back to town and get a warrant.
Q After Mr. Simpson told him he could not search the car without a warrant then Mr. Dowis told you to go to
town and get the warrant and while you were there he made no further effort to search the car but sent you after the
warrant.
A How was that?
Q Did Mr. Dowis make any further effort to search the car?
A No, sir Mr. Simpson was going to drive off and leave him and he went around and
took hold of him and says one time I am going to search the car before you leave.
Q He didn't make any effort to get in the car?
A No, sir he told him he could get the paper all right.
Q Didn't he ask you to go after the search warrant?
A Yes, sir.
Q You went by yourself?
A Yes, sir.
Q When you got back to town you went to Judge Quinn?
A I saw him out in town.
Q Mr. Quinn is Justice of the Peace there, isn't he?
A Yes, sir.
Q And you told him what you wanted, didn't you?
A Yes, sir.
Q You told him that you wanted a search warrant?
A I told him Vick said send him a warrant.
Q You told him two Simpson boys, Joe and Orin?
A No, sir; I said Simpson and a Ford car.
Q Then, how far did Mr. Quinn live from where you were out there?
Page 20
A Just a little ways.
Q About 100 yards?
A Farther than that.
Q 200 yards?
A Somewhere 200 to 400 yards.
Q Where did he go to get the warrant?
A To his home I reckon.
Q Did you go with him?
A No, sir.
Q Then he went out to his house to get the warrant and you staid in town?
A Yes, sir.
Q He brought the warrant back to you?
A Yes, sir.
Q You saw the warrant?
A Yes, sir.
Q He signed it, didn't he?
A I don't know.
Q I mean Mr. Quinn?
A I didn't unfold it to read it at all.
Q You never did?
A No, sir.
Q You don't know who at Mr. Quinn's house signed it?
A No, sir.
Q Mr. Quinn asked you to sign it?
A Yes, sir.
Q You declined to sign it -- the affidavit on which the warrant is based. You are not a Justice of the Peace?
A No, sir.
Q Or Notary Public?
A No, sir.
Q You can't issue warrants?
A No, sir.
Page 21
Q What he meant for you to sign was the affidavit?
A I don't know--he asked me to sign the affidavit--I don't know what it was.
Q You didn't sign it?
A No, sir.
Q Did he come back in the store?
A I don't know whether he did or not.
Q I want you to refresh your recollection -- come back in two or three minutes and hand you the warrant?
A No, sir I think he gave it to me then.
Q You didn't unfold it?
A No, sir.
Q You took it on back and went back about a mile this side of Duluth near Knox's house where this car was at?
A Yes, sir.
Q First -- I will ask you who went back with you in that car?
A Frank Mattison, I think Buck Foster, I am not sure, there were two or three in
the car; Frank Mattison and I were in the front seat.
Q What kind of car were you all in?
A Ford car.
Q Close car?
A No, sir five passenger with the top back.
Q When you got back down there you found this Boy Corley and Bill McGee there in a Coupe?
A Yes, sir.
Q One of these Ford closed cars?
A Yes, sir.
Q When you got down there then you drove up pretty close by did you and handed the warrant to Mr. Dowis,
didn't you?
A Yes, sir.
Q Then you drove a little piece farther and turned around and came back up near
the car where they were --just passed the Simpson car?
Page 22
A Passed the Simpson car and headed on back to Duluth behind Bill McGee and Boy Corley's Coupe.
Q When you got down there you and Frank Mattison and you handed Mr. Dowis the
warrant about that time Boy Corley and Bill McGee got in the Coupe and started
on towards Duluth, or was it after you turned around and came back?
A They didn't move at that time, the car was standing still and they were sitting
in the car. I gave Vick the warrant and we turned around and drove up behind Bill McGee and Corley.
Q When you got down there there was Simpson's car headed towards Lawrenceville
and Mr. Moore had gone on and you drove up and gave Vick the warrant and drove
a little piece and turned around but when you got there this Coupe had turned
around and started back towards Duluth and was 30 or 40 yards up there standing on the edge of the road?
A Yes when I got back down there I guess between 30 and 40 yards.
Q When you got back down there this Coupe they came in they had turned around and gone 30 or 40 yards back
towards Duluth?
A Yes, sir.
Q Where were they?
A Sitting in the car.
Q That put the Simpson's car and this Coupe with their backs to one another?
A One headed towards Duluth and one towards Lawrenceville.
Q And they were sitting in that Coupe?
A Yes, sir.
Q And their backs to Simpson & Dowis?
A Yes, sir they were sitting in the car just like anybody sitting up here.
Q This Coupe didn't have any side seats, did it?
Page 23
A No, sir I reckon not.
Q How many seats did it have?
A One.
Q To sit in that seat you would sit there with your back towards the back of the car?
A Yes, sir.
Q After you gave Vick Dowis the warrant and you turned around you come on back
and went on up behind this Coupe and stopped?
A Yes, sir.
Q How close did you go?
A About as far as from here to Col. there.
Q That put your car between the Coupe and where Simpson's car was?
A Yes, sir.
Q Then you say you got out of this car?
A I sit there a little bit, yes, sir, and I heard them say something about going
to town and I jumped out and asked them to go to town with them.
Q Mattison still in the car with you?
A He got out.
Q Which way did he go?
A I don't know somewhere in front of the car or in the middle of the road.
Q About that time you heard Boy Corley say something about going back to town?
A Yes, sir.
Q And you walked back up to the Coupe where they were?
A Yes, sir.
Q And put your foot upon the running board and talked to them?
A Yes, sir.
Q Were you looking at them when you were talking to them?
A Yes, sir.
Q Which side did you walk up on?
Page 24
A On the right hand side.
Q Was this Coupe standing in the middle of the road?
A No, sir.
Q hich side?
A Standing on the right.
Q Pointing towards Duluth?
A Yes, sir.
Q And you walked up on the right hand side of it?
A Yes, sir.
Q And put your foot up on the running board?
A Yes, sir.
Q Did you open the door or do you remember?
A I don't remember, no, sir, I didn't open the door the glass was down.
Q You walked up there and said something to them about going back to town with them?
A Yes, sir.
Q And while you were talking to them about going back to town you heard the shots back there?
A Yes, sir.
Q When those shots were fired where was McGee and Corley?
A Sitting in the car.
Q How many shots fired?
A I don't know.
Q Four or five?
A Three or four, I wouldn't say.
Q You told Mr. Dean they were fired in rapid succession?
A Pretty rapid.
Q How did they sound?
A Like any other gun. Not hardly that fast.
Q But they fired in rapid succession?
A Pretty close together.
Q When the first shot was fired you looked around?
A Yes.
Page 25
Q By the time you looked around the second shot was fired?
A Yes, sir.
Q All fired pretty quick?
A Yes, sir.
Q When you looked around you saw Joe and Orin Simpson and Dowis all locked up close together?
A They were all locked up together.
Q How close?
A They were all as close as we are right here, in a little circle, kindly up together.
Q Did you notice whether Dowis was bent over or not?
A I don't know I could not say.
Q Were you there when Orin Simpson came from the other direction?
A When I came back with the warrant I saw him coming up the road.
Q Was Orin coming from towards Lawrenceville?
A Yes, running.
Q What did Joe, if anything, say to Orin when he saw him?
A Motioned and told him to come on.
Q Orin then started to running?
A He was running when I first saw him.
Q What did Orin say when he first got up there?
A I don’t remember what he said.
Q When you handed the warrant to Vick had Orin got there?
A No, sir.
Q As soon as you handed the warrant to him you went on, did you cut off your engine?
A No, sir not then. I turned around.
Q When you handed Vick the warrant, then you passed and turned around?
A Yes right out in the road, come up towards Knox's and turned around.
Page 26
Q Did Orin come up there before you got turned around?
A No, sir.
Q Then you got turned around and passed on by and went up behind the Coupe before Orin got there?
A Yes, sir.
Q Then you was up there when Orin got there?
A Yes, sir.
Q Your back was in that direction when Orin come up?
A I saw Vick give Joe the warrant. He looked at it. I was looking and when Orin
got up there, why he took the warrant, they were both looking at it.
Q Where were you?
A Sitting behind in Vick's car.
Q Vick's behind this Coupe?
A Yes, sir.
Q When you handed Vick the warrant and turned around and came back, up to that time Orin hadn't got up there?
A No, sir.
Q You rolled up behind this Coupe and stopped?
A Yes, sir.
Q And you looked back and saw them looking at this paper?
A Yes, sir, they were all looking at the paper.
Q You could not hear what was said?
A I could not understand it.
Q Was your engine running?
A Yes at that time.
Q Did that keep you from hearing it?
A I could hear some words they were saying but could not understand them.
Q Who else did you see coming behind Orin Simpson?
A I saw this little fellow driving a bottling wagon, Claude Brooks.
Q How far behind Orin was he?
A Fifteen or twenty yards behind him.
Page 27
Q When you first saw Orin coming was he running then?
A Yes, sir.
Q Was Claude Brooks running?
A Yes, sir.
Q Then, when you looked back and stopped behind this Coupe you didn't cut off
your engine right straight and looked back and saw him reading this paper?
A Yes, sir.
Q Then in a few minutes, about how long was it before you got out of that car?
A Just a few minutes.
Q At that time Mr. McGee and Corley in the Coupe and you heard them say something
about going to town and you got out and went up there?
A Yes, sir.
Q You say they were both in that Coupe when the shots were fired?
A Yes, sir.
Q Do you undertake to tell the jury just what did take place with these men when the firing commenced?
A How is that?
Q What did take place between Dowis and the two Simpson boys when the shooting commenced?
A No, sir I could not tell.
Q You were not looking at them?
A No, sir talking to Boy Corley and Bill McGee.
Q They had moved from where they were to the front of the Simpson car, hadn't they?
A How was that?
Q When you got down there and handed Vick the warrant where were they at?
A Standing over on the left of the Simpson car.
Q On the side of it?
Page 28
A On the left side of it.
Q When the shooting took place, when you looked around and saw them shooting they
had gone back towards the front end?
A The last time I looked at them before the shooting took place they were all
over on the right side of the car.
Q Then they had gone the other side of the car?
A Yes, sir.
Q You didn't see one of them get up in the car?
A Yes, sir.
Q Which one was that?
A Joe.
Q Where was you at then?
A Sitting in Vick's car.
Q Did you see him then jump out or get out over on the other side where Dowis was?
A I don't remember that I saw him get out, but I saw them all over there together after he had gotten out.
Q Didn't you see, Mr. Brannon, when they were over on the
left hand side of the car, didn't you see Dowis go around the car on the other side with Orin following him?
A Yes, sir.
Q That is when Joe jumped up in the car?
A Yes, sir.
Q Then the next you saw they were over on the other side of the car?
A Yes kindly at the rear wheel.
Q Both of them?
A Yes, sir.
Q At the next instance when you looked around they were both on the other side of
the car both of the Simpsons and Dowis, is that right?
A Yes, sir.
Page 29
Q Then from what you saw you saw Orin following Dowis around the car to the other
side and saw Joe jump in the rear of the car?
A He went out on the other side I am sure.
Q And they cornered him -- cornered Dowis around on the other side?
A When I looked around they were all three standing at the right rear wheel.
Q When the shooting took place up at the front?
A Yes, sir.
Q Did you see Mr. Dowis backing back to the front of the car?
A No, sir.
Q Were you looking down there all the time?
A No, sir.
Q You didn't see them when they moved from the rear of the car up to the front of
he car on that right hand side?
A No, sir I didn't see them.
Q Now you said they were standing right there?
A Yes all in kind of a huddle.
Q Now you say those shots were fired in rapid succession?
A Pretty close together.
Q You saw Orin fall?
A Yes, sir.
Q And Joe run up in this direction towards a little house?
A Run off to the right through a little broomsege patch.
Q The way he run put him near Duluth from where he started?
A Just a little bit.
Q You say Joe run in a direction that put him a little nearer Duluth?
A Yes, sir.
Q He didn't run the other direction, did he?
A No, sir.
Q As he ran away in that direction it turned him with his right
Page 30
side towards Dowis?
A Yes naturally that side would be a little nearer him, just a little of angling towards Duluth.
Q But the right side would be towards Dowis?
A Yes, sir.
Q Was there any shooting done after Joe run?
A Not that I know of.
Q You heard the shots?
A Yes, I heard the shots, but they were all done so quick.
Q You said they were fired in rapid succession?
A Yes, sir.
Q Isn't it true, Joe run after the shooting was over, there was no shots fired while he was running?
A I don't know whether there were or not, I could not tell about that, there might have been, I don't know.
Q You was there and saw it?
A Yes, sir.
Q You heard the shots?
A All the shots were pretty close together.
Q The shooting was over when Orin fell, he didn't shoot any more after Orin fell?
A Orin was the first one fell.
Q He didn't shoot at Orin after he fell?
A No, sir I don't reckon he did. I could not tell which way he was shooting, guns
firing so fast, - I don't know which one was shot first.
Q Now, Mr. Brannon you told Mr. Dean just now you was the first one got to Orin?
A Yes, sir.
Q After the shooting?
A Yes, sir.
Q When you got there what was said?
A Well, Vick was right there at him, of course, and he was down over him and
raised up his head and reached back and
Page 31
picked up Orin's hat and put it under his head.
Q What did Vick say?
A I says, first, "you have killed this man." He says "you reckon." I says "I believe
you have."
Mr. Charters. We object to any self-serving declaration made by the defendant. This was after
he was shot down in the road and was dead.
Q How long was this after the shooting that you walked up there?
A It was just a minute, just as quick as I could walk from the car down there.
Q The other man where was he at?
A That was about all at the same time they were putting him in the car fixing tocarry him to town.
Q A minute after the shooting?
A Something like that.
Q As quick as you got there?
A Yes, sir.
Q How far did you have to walk to get to Orin?
A Fifteen or twenty yards, I don't know exactly how far.
Q How fast did you go?
A Just like an ordinary man would walk.
Q Did you walk fast?
A Yes, fast, stepped on pretty lively.
Q You satisfied not over a minute from the time you looked around and saw the shooting?
A No, sir Orin wasn't dead, he was still breathing.
The Court -Q- Did you go at once at the time the man fell?
A Yes, after the shooting was over I went down there as quick as I could, he was still breathing.
The Court -Q- You went at once?
A Yes, sir.
The Court -Q- Not over fifteen or twenty steps?
A Yes, little perhaps.
Page 32
The Court: I will admit that.
Q You say Mr. Dowis raised his head and put his hat under it?
A Yes, sir.
Q What did you say?
A I told him he had killed that man, and Dowis says I hate that worse than anything that ever happened.
Q What else did he say?
A He kept saying something about hating it so bad.
Q Didn't he say he was hitting him over the head with a wrench?
A Yes, said he had it it to do.
Q And both of them was on him?
A Yes, sir.
Q One hitting him with a wrench and the other with a bottle?
A Yes, said something about them beating him over the head and he had to. It was
a very exciting time and I could not remember everything.
Q You do know he said he hated it but he had to?
A Yes, sir.
Q Do you remember him saying they had him down, nearly down?
A No, sir I don't remember him saying that.
Re direct by Mr. Dean
Q Mr. Brannon you were standing where you could see these men all the time?
A At what time.
Q During the difficulty down there?
A What time I was not in my car.
Page 33
Q You said you got out of the car and was up there at the Coupe when the shooting took place.
A Yes, sir.
Q Mr. Nix asked you about having this man down, beating him there, what did you
see with reference to anybody being down or anybody beating any one else there?
A I didn't see that.
Q If it had happened you would have seen it?
A That could have happened when I was talking to Corley and Bill McGee about coming to town.
Q How far were you, were you as far as across this courtroom from them?
A Farther than that I expect.
Q Did you see any bottles or any wrench?
A I saw a coca cola bottle; Orin had a coca cola bottle drinking some coca cola; I saw that coca cola bottle.
Q Did you see any sign of any licks or anything on Mr. Dowis at the time?
A After the shooting?
Q Yes?
A I didn't look for any, no, sir.
Q Where was the coca cola bottle?
A Orin had it drinking coca cola out of it.
Q What did he do with it?
A I don't know, I don't remember.
Q When did you see him drink coca cola out of it?
A After he came up there and they were looking at that warrant.
Q He was standing drinking coca cola?
A Yes, sir.
Q What did he have in his hand when you went back there?
A He didn't have anything in his hand.
Q Did you see a bottle anywhere after that?
Page 34
A No, sir.
Q Now you said you saw them looking at the warrant, what did you hear Orin and
Joe say about the warrant to Mr. Dowis?
A I heard them say something about it wasn't a proper warrant or something to that effect.
Q It wasn't a proper warrant?
A Something like that.
Q What did Dowis say then he was going to do - what did he say what did he reply?
A I didn't hear Vick, he was talking pretty low and I didn't hear him say
anything, he seemed to say he was going to search the car.
Q When did he say that after they had told him this warrant wasn't any good or before?
A I don't know.
Q You said you heard Orin and Joe tell him that the warrant wasn't any good, what
did he do and what did he say then?
A Who, Vick?
Q Yes?
A He was going to search the car, I don't remember whether it was before or
afterwards he said he was going to search it, it was somewhere along then though.
Q Did he leave there then when they told him the warrant wasn't any good?
A No, sir.
Q Did he continue to try to search the car?
A Yes, he stayed with them.
Q When the last shot was fired where did you say Joe Simpson was in reference to the road?
A I just could not say positively, I don't know exactly where he was.
Q When he turned around to go, or when he started what
Page 35
position did he occupy as to the road as to Vick Dowis?
A All the shots were fired pretty close together, and he went running off through the broomsege patch - Joe did.
Q Was Joe running when the last shot was fired?
A I just don't know.
Q Where was the pistol when you got down there?
A Vick's pistol?
Q Yes?
A I don't know, I didn't see it.
Q What became of the pistol that was in the door in that pocket? Did you ever
examine to see whether it was in there or not?
A Yes, sir.
Q What became of that pistol?
A It was still in the car.
Q You carried it back with you?
A Yes, sir.
Q Still in the car after the shooting was over?
A Yes, sir.
Q You said he told you to get that pistol, why did he tell you to get that pistol out of that pocket?
A I don't know.
Q What did he say to you about it when he told you to get that pistol out of there?
A He says there is a good pistol in there and he says when you get down there
drop that in your pocket, that is about all he said about the pistol.
Q What did he want you to drop it in your pocket for, did he say?
A He didn't say.
Q He told you to drop that one in your pocket, - what did he say about having one?
A I don't remember that he said anything about his having one.
------
By Mr. Nix:
Q Mr. Dowis was an officer up there, wasn't he?
Page 36
A Yes, sir.
Q What sort of an officer was he, he was a deputy sheriff, wasn't he?
A Yes, sir.
Mr. Charters: There is a way of proving whether he was deputy sheriff.
A I say deputy sheriff, that is what they said, everybody said so.
Mr. Charters: We object to what he says.
Q He acted as deputy sheriff, performed the duties of deputy sheriff?
A Yes, he was police there. I understood he was deputy sheriff. I could not swear
it. I heard him say so, and the others say so; that is as far as I know.
Mr. Dean: We move to rule out anything that has been said about being deputy sheriff, as there is better proof of it.
Mr. Dean. Q - Was this in the incorporate limits of Duluth, where this took place?
A No, sir.
Q You said he was marshal there, policeman?
A Yes, sir.
Q This was not in town where you found this car?
A No, sir.
----
Mr. Nix: Q - You know he acted as deputy sheriff and served papers the sheriff sent him over there and things of
that sort?
A I think he did, I could not say positive. I have heard of him serving papers.
The Court: I sustain the objection.
------
A. J. CORLEY, sworn, testified as follows:
DIRECT EXAMINATION by Mr. Dean:
Page 37
Q Your name is A. J. Corley?
A Yes, sir.
Q Mr. Corley, do you remember the 20th day of February 1922, when it is claimed that Mr. Dowis shot
Mr. Joe Simpson?
A Yes, sir.
Q Where were you at the time?
A I was there on the ground.
Q How long had you been there?
A Something like ten or fifteen minutes I guess.
Q Where did you come from there?
A I come from Duluth.
Q Drove out there from Duluth?
A Yes, sir.
Q When you got out there who did you find there?
A I found Joe Simpson and Vick Dowis.
Q No one else there?
A No, sir.
Q Who was with you at that time?
A Bill McGee.
Q Where did you stop there?
A I stopped right behind Joe Simpson's car, - the car I was driving.
Q The car you were driving stopped behind Joe Simpson's car?
A Yes, sir.
A Not until I got out and talked to Vick and Joe.
Q What were they doing at the time?
A They were standing there talking.
Q Did Mr. McGee get out?
A No, sir.
Q You went up there where they were talking?
A Yes, sir.
Q Did you talk to them any?
A Yes, sir.
Q What was said?
Page 38
A When I got out of the car and walked to Joe's car Vick was standing at the back
end on the right hand side and Joe was up at the engine standing there and I
says to Vick "what is the matter" and Joe answered and said "nothing."
Q What kind of a car were they in, I mean Simpson's car?
A Ford car.
Q Was the top up or down?
A The top was up.
Q Any curtains?
A No, sir.
Q Now you say that Joe was at the front of the car?
A Yes on the right hand side at the engine.
Q Where was Vick?
A He was standing on the right hand side right at the back end.
Q You asked them what was the matter and Joe replied nothing?
A Yes, sir.
Q What else was said then?
A I went ahead and told Joe I heard he was under arrest down there and he said no
there was nothing of it, and Vick spoke to him and says no he had to stay there
until that car was searched and then I walked around the car on the left hand
side and Vick walked around and I walked up and looked in front of the car and
over in the car and picked up a bottle with some gasolene in it, quart bottle,
and then I walked back around the car and Joe as I walked around the car he
went back to the back and leaned over in there - there was a tow sack there
with some tools in it and Joe walked from the engine back there he was working
on the spark plug and reached and got a spark plug wrench and I says Joe have
you got any whiskey, and he says no boy I have not got any whiskey, and I
reached over in the sack and run my hand through the sack and raised the cushion,
Page 39
just raised it up you know, and I says Joe I have got to go back to Duluth.
Q Did Mr. Dowis see that?
A Yes, sir.
Q Did you find any whiskey there?
A No, sir.
Q Did you look in the sack?
A I run my hand all in the sack.
Q Did you look under the back seat?
A I raised the cushion.
Q And that was under the front seat?
A I never raised the front cushion.
Q Was the tank under that seat or not in a Ford car?
A It is in front.
Q Isn't it in all of them?
A I suppose so.
Q When you made that examination what did you do then?
A I went back and got in that car with Mr. McGee and drove right to the side of
Joe's car and backed and turned around and headed my car back towards Duluth.
Q You say you went out there and asked Joe if he was under arrest and he said no,
why did you go out there Mr. Corley?
A Joe was my brother-in-law and Mr. Brannon had come there at Duluth and said he was after a warrant for Joe
Simpson.
Q And he was your brother-in-law?
A Yes, sir.
Q Did you go out there to see about it or make bond?
A Yes, sir.
Q Was that in Duluth or out of Duluth?
A You mean where they were at?
Q Yes, sir?
A That was out of Duluth.
Q Where was Orin at this time?
Page 40
A I don't know where Orin was at this time.
Q Did you see him anywhere?
A I never seen him until later.
Q Whose car were you in?
A In Bill McGee's car.
Q When you drove around there after you had talked with them and saw there was no trouble and no whiskey there
you say you drove around by Joe's car?
A This car was a little to the right of the road and I pulled my car up to Mr. Knox's and headed up again by
the side of Joe's car and drove my car out on the right a little bit about fifteen or twenty steps away from there.
Q How far was it from the Simpson car at that time, give the distance, the distance of your car from the Simpson
car at that time?
A It was something like from here to the back end of the house.
Q That is 75 feet?
A I suppose something like fifteen or twenty steps.
Q You say you went back and got in your car?
A Yes, sir.
Q Was there anything being said or done by Joe or Dowis at that time?
A No, sir.
Q What next attracted your attention, or why didn't you drive off at that time?
A We saw a car coming from towards Duluth and McGee says yonder they come let us wait a minute.
Q Did you wait?
A Yes, I cut the motor down.
Q Tell what happened?
A When they drove up they headed their car sorter up that little road and Mr.
Brannon and Frank Mattison and some one else I disremember who was along, and Mr. Brannon handed
Page 41
Vick a paper, supposed to be a warrant I reckon and then when he took it Joe
had quit and come around on the left hand side of the car.
Q Quit what?
A Working on the spark plug and he come around on that side and he was standing there between Vick and the
car when Mr. Brannon handed this paper to him - I was sitting in the car then and he handed it to Joe and Joe stood
there and read it and then Orin come up and Joe handed the paper to Orin and then Joe went up and pushed Vick back
and went up in the rear seat and sit down and then Vick started around the car and Orin followed him and went on
around and got between him and the car and then Joe got out there and drank some kind of a drank and when I looked
they begin to shove then and Mr. McGee jumped out and as he jumped out I jumped out and just as I hit the ground
Vick jumped back and commenced shooting.
Q What was he shooting with?
A A pistol.
Q How many shots were fired?
A I think there were four shots fired.
Q What did you see, who was he shooting?
A Mr. McGee when he hit the ground he commenced hollering him and Joe both, - like Vick was standing out
here and Orin here and Joe there and Vick jumped back and shot seemed like about twice and Orin fell, and then
Joe turned to run why he shot him.
Q Did you go down there then?
A I was going towards them all the time then.
Q How long was it from the time you saw that shooting until you got down there where they were?
A As quick as I could get there.
Q Was it a minute's time?
A No, sir.
Q Did you see Orin there then?
Page 42
A Orin was lying on the ground when Joe whirled and run, he whirled with his face
to me and ran in front of the car and ran eight or ten steps and fell to his
knees and threw up his hands, and I turned going to Joe and Vick came around
the car with a pistol in his hand then, I says Joe are you shot and he says
yes, boy, he has shot me, I says come to me then, and Joe come right toward me.
Q What did Joe have in his hand, if anything
A He didn't have anything.
Q Did you see him when he turned and run and when Vick shot him, did you see him then?
A Yes, sir.
Q What did he have in his hands at that time?
A Not anything.
Q Did you go down there where he was?
A After we got Joe in the car I went back in about 10 feet of Orin, he was lying on the ground.
Q What did Joe have on when he was shot?
g
A He had on a pair of overalls.
Q Did he have on any coat?
A No, sir.
Q Who went to town with him?
A Buck Foster.
Q Anybody else?
A No, sir nobody left there with him.
Q You didn't leave there with him?
A No, sir.
Q From the time you got down there and this difficulty and from the time he got
in your car from the time of the shooting did you
Page 43
see him with anything or was there anything removed from his person in any way?
A No, sir.
Q When you went back down there to the car did you see any wrench or any bottle lying around there?
A I never went. I just went up there and looked at Orin, Vick was saying to me to
stay there and I told him I had to go to Duluth to see about Joe, - I says
Vick, you have done killed Orin. When I went back in about 10 feet of Orin I
saw Orin gasp. Vick says to me, stay here, I says I have to go to town to see about Joe. He was my brother-in-law.
Q Did you see Vick there after the difficulty?
A Yes, sir.
Q Did you see any sign or any evidence of where he had been beat with a wrench or bottle or anything?
A Vick came up to me and said they hit him with a wrench but I never seen any sign of it.
Q Did you see any sign of it?
A No, sir.
Q See any appearance at all of where he had been marked by anything?
A No, sir.
Q Did you see either one of them hitting him or trying to hit him?
A No, sir.
Q If they had been would you have seen it?
A I would not think there was anything to prevent it.
Q Was there anything to prevent it?
A No, sir.
Q Were they hitting him or fighting him at the time?
A No, sir.
Page 44
Q Who was drinking Joe or Orin?
A Joe was the man.
Q What became of the bottle?
A I think it was pitched back up in the car.
Q Did you see any wrench around there anywhere?
A No, sir.
Q I believe you stated or not he was at work on a spark plug with a wrench?
A Yes, sir.
Q What kind of a wrench was that?
A It was just a Ford spark plug wrench, a wrench and turned down at the other end.
Q How big was it?
A A wrench something like that long.
Q Do you know what he did with that wrench?
A No, sir.
Q Did you see it in his hands or anywhere around there?
A I saw it in his hand when he came there to that sack and carried it to the front of the car.
Q Did you ever see it any more?
A No, sir.
Cross examination by Mr. Nix:
Q You are the one they call Boy Corley?
A Yes, sir.
Q You were in Duluth and saw Joe and Orin come out of Duluth on the Lawrenceville road coming this way?
A I was at my home and seen them.
Q You live up there in Duluth?
A Yes, sir.
Q You saw Joe and Orin come out this way?
A Yes, sir.
Q Now what relation are you to the Simpsons?
Page 45
A Joe Simpson married my sister.
Q What relation are you to bill McGee?
A None at all.
Q Did your sister marry Mr. McGee's son?
A No, sir.
Q Who did Kit McGee marry?
A He is not married.
Q The other one?
A Carl McGee and Myself married sisters.
Q Your wife and Carl McGee's wife sisters?
A Yes, sir.
Q And Bill McGee is Carl McGee's father?
A Yes, sir.
Q How are you and the Mr. Simpsons related?
A My sister married Joe Simpson.
Q That made you and Joe brother-in-laws?
A Yes, sir.
Q You had left your home and went up to Duluth after you saw these boys pass coming out towards Lawrenceville?
A Yes I went down town.
Q You were up there when you saw Vick Dowis and Floyd Brannon come out?
A Yes, sir.
Q You saw them come out?
A Yes, sir.
Q Was that when you was at home?
A I was at home.
Q Then you got up and went up town?
A Yes, sir. Kit McGee and both of my brother-in-laws eat dinner at my house, and
Kit came on and stopped his car there in front of my home and we got up and went down in town.
Q You all talked about the officers being after Orin?
A No, sir.
Page 46
Q When you was up town you saw Floyd Brannon when he came back to town?
A Yes, sir.
Q You asked Floyd what was the matter?
A Yes I asked him what was the matter.
Q How did you know anything was the matter?
A I saw him come back without Vick.
Q You knew they were after the Simpson boys?
A No, sir.
Q You believed it?
A No, sir.
Q How came you to ask Floyd Brannon if there was trouble up?
A There was a whole crowd standing around there, and all of them come around my
car and we were talking about it.
Q You are the one asked if there was not some trouble?
A More than me asked I think.
Q You were the first?
A No, sir.
Q You asked Floyd what was the trouble?
A If I am not mistaken Mr. Reese asked Floyd and I heard it and I asked him the same thing.
Q Then as soon as you found out then you and Bill McGee and who else went down there?
A Nobody but just me and Mr. McGee.
Q You all went down there?
A Yes, sir.
Q When you got down there you found Joe and Orin both there?
A No, sir nobody there at that time but Vick and Joe.
Q What were they doing when you got down there?
A Standing there talking like I said to you.
Q What were they talking about?
A I don't know.
Page 47
Q Did Dowis seem to be mad?
A No, sir.
Q Joe was drinking, wasn't he?
A No, sir not as I could tell he wasn't.
Q You didn't hear Joe curse any?
A No, sir not while I was there.
Q How long had you been there before Orin come?
A About ten or fifteen minutes; Orin got there just about the time Brannon and them come.
Q When you got down there you asked what was the trouble?
A Yes, sir.
Q You asked Joe what he was arrested for?
A Yes, sir.
Q He said he was not under arrest?
A Yes, sir.
Q Mr. Dowis hadn't arrested him then, had he?
A No, sir, Mr. Dowis just said that car could not be moved until he searched it.
Q According to what Joe said Mr. Dowis hadn't arrested him?
A No, sir.
Q You was going to make bond for him if he was?
A Yes, sir.
Q You told him so?
A Yes, sir.
Q You found out he was not under arrest and you and Bill McGee started back?
A Yes, sir.
Q When you told Vick that you had come down there to make bond for him Vick says it is all right?
A I don't remember what Vick said about it.
Q How come you to ask Joe if there was any whiskey in the car?
Page 48
A As a general thing you know when they stop them on the road that is what they are after.
Q Not even talking about it down there?
A When I walked up they went to talking backwards and forwards to me.
Q They hadn't said anything about any whiskey?
A Nothing only what I asked him.
Q You spoke up and asked Joe if there was any whiskey in the car?
A Yes, sir.
Q How come you to ask your brother-in-law that?
A Like I told you that is what they generally hold them up for on the road.
Q So you went to see if there was any?
A Yes, sir.
Q Your brother-in-law didn't object to you looking?
A No, sir.
Q You didn't raise the front but raised the back cushion?
A Yes, sir.
Q And saw a tow sack?
A Yes.
Q You didn't look for any false body of the car?
A No, sir.
Q You said to Joe have you got any whiskey?
A Yes, sir.
Q Joe said no?
A Yes,- that is when I told him I was going back to town.
Q Then you and Mr. McGee decided to go back to town?
A I went back to the car.
Q Where had you left your car?
A About eight or ten feet behind Joe's car.
Q Then you turned it around?
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A Yes, sir.
Q And went 30 or 40 yards?
A No, sir about fifteen or twenty steps.
Q It was a Coupe, wasn't it?
A Yes, sir.
Q Mr. McGee got in with you when you started back?
A He had never got out.
Q Then you saw Floyd Brannon coming with a warrant?
A We saw a car coming.
Q McGee says wait and let us see?
A Yes, sir.
Q Did you get out then?
A No, sir.
Q Stayed in the car?
A Yes, sir.
Q Floyd came on down and brought the warrant?
A Yes, sir.
Q You saw him hand it to Vick, the officer?
A Yes, sir.
Q You saw Vick hand it to Joe?
A Yes, sir.
Q You saw Joe hand it to Orin?
A Yes, sir.
Q Did you hear what was said about it?
A No, sir.
Q You didn't understand what was said?
A No, sir.
Q You were in the car?
A Yes, sir.
Q Closed car?
A Yes, sir.
Q 20th of February?
A Yes, sir.
Q Cold day?
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A No real cold day.
Q When you saw Orin coming up the road did you see anybody coming with him?
A No, sir when I saw Orin he was by himself, somebody was coming on behind Orin.
Q How far behind?
A I didn't pay much attention.
Q Did you notice Claude Brooks?
A Yes, sir.
Q Was it him?
A I sorter believe it was.
Q You looked in the tow sack?
A I ran my hand down in the tow sack.
Q You didn't find any whiskey?
A No, sir.
Q You say Joe was working with his spark plug?
A Yes, sir.
Q You saw him go back and get the spark plug wrench out of the tow sack?
A Yes, sir.
Q You told Mr. Dean you didn't know what he did with it?
A No, sir.
Q The last you saw of it he was working there on the spark plug?
A Yes, sir.
Q You was there then as you stated when Floyd Brannon came?
A Yes, sir.
Q A few minutes later Floyd he drove up right behind your Coupe in his car?
A Floyd turned his car around and drove it out sorter on the right of my car. He was not up even with it.
Q Your car was headed towards Duluth?
A Yes, sir.
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Q Mr. Simpson's car was headed towards Lawrenceville?
A Yes, sir.
Q Brannon did after he delivered the warrant drive his car up close to you all?
A Yes, - like my car was standing sorter over that way and Floyd pulled his up
something like that, and Joe's car was standing back here.
Q Mr. Simpson's car was headed this way towards Lawrenceville?
A Yes, sir.
Q Your car was headed the other way towards Duluth?
A Yes, sir.
Q Both in the same road but your car was a little to the right of the center of the road?
A Joe's car was pulled to the right out of the road coming towards Lawrenceville,
and mine was pulled - you see the road is kindly wide and Floyd pulled his kindly against the fence.
Q This was not in the run of the road?
A No, sir, - the left hand wheel of mine was about in the right hand track.
Q It was nearly plum out of the road with the left hand wheel about in the right
hand track, then Floyd pulled his car up to the right of yours or to the left of yours coming towards Duluth?
A No, sir Floyd pulled his to the right about up even with mine.
Q That put him plum out of the road?
A Out in the edge of the road.
Q Wasn't his behind yours?
A No, sir.
Q When he done that you and Bill McGee was sitting there in your Coupe?
A Yes, sir.
Q He got out and came up there to where you and Mr. McGee was in this Coupe and asked about going to town
with you?
A I don't remember whether he said anything about going to
Page 52
town, - he came up there and Mr. McGee was on the right hand side.
Q He came up on the right hand side?
A Yes, sir.
Q What did he come up there for?
A I couldn't tell you I was looking back there, of the car, - had my head turned.
Q Isn't it true he was standing there talking to you all and while you and McGee
was in that Coupe the shooting occurred?
A No, sir I had done hit the ground.
Q You told Mr. Dean you had done got out of the car before the shooting happened?
A We had.
Q When did you get out?
A When they commenced shoving Vick back I jumped out.
Q Don't you know when you all hit that ground so quick it was after that shooting?
A No, sir.
Q What was it attracted you all?
A When they commenced shoving Vick back away from the car we wanted to get out to see what was going on.
Q When who was shoving?
A Orin and Joe.
Q Both of them?
A Yes, sir.
Q What do you mean by shoving?
A Keeping Vick back away from the car.
Q Wasn't they shoving him with a wrench or a bottle?
A No, sir.
Q You was watching them -- you was in the car then?
A I got out of the car just like I told you.
Page 53
Q When they were shoving them was that when you decided to get out of the car?
A Yes, sir.
Q Kept on shoving after you got out?
A Just as I hit the ground when Vick jumped back and done the shooting.
Q How come you to decide it was necessary to get out of the car, just shoving you said?
A That is all they were doing.
Q No curse words being used?
A I could not understand any.
Q No licks passed?
A No, sir.
Q Then you jumped out of the car?
A Yes, sir.
Q After you all decided there was no trouble and started back to Duluth -- then you decided there was going to be trouble?
A It looked like it when they kept shoving Vick and he was shoving them around, -- I was on the ground.
Q What was it that was so serious that while you were in the car you jumped out?
A Whenever you see anything that way you would jump out like I did.
Q Pushing him back gently and you all jumped out?
A Just shoved him back that way.
Q At that time they had got up to the front of the car, hadn't they?
A Up to the front of the car.
Q You said Orin followed Vick around to the back of the car?
A Yes, on the right hand side.
Q Joe went on the inside of the car?
A Yes on the inside and sit down and then went out through on the right hand side.
Page 54
Q Didn't Orin follow Dowis around the car and Joe jump through the car and they
cornered him over on the opposite side?
A Orin went around and got between and Joe got out and drank.
Q Didn't they beat him up to the front of the car?
A Kept between him and kept him shoved away from the car.
Q They had him shoved back when the shooting happened?
A Yes, sir.
Q You say you didn't see that wrench any more?
A No, sir.
Q You saw the pocket knife?
A No, sir.
Q You didn't see the open pocket knife after the fight was over and didn't see the wrench?
A No, sir.
Q You say the bottle was picked up and thrown over in the car?
A I think when Joe drank it he pitched it in the car; I said it was pitched over in the car I thought.
Q Wasn't the bottle found away up next to Mr. Knox's in the yard?
A I could not tell you.
Q You was in the car that Joe went back to town in?
A That was the car I come down there in.
Q You took charge of Joe?
A I took charge of him and helped put him in the car.
Q Did you get in the car with him?
A No, sir.
Q Was you up at Dr. Christians?
A No, sir not until I went for my sister.
Q What was found on his person that you saw?
A I couldn't tell you.
Q You didn't take a bottle of whiskey off of him?
A No, sir.
Q Did you see anybody take one off of him?
A No, sir Joe was dead.
Page 55
Q I am talking about after he died?
A No, sir I never seen any.
Q You was not present when that was done?
A No, sir.
Q Did you examine his pockets?
A No, sir I never examined his pockets. I never seen Joe until after I drove down
after my sister and came back to Duluth, after I put him in that car and he left there.
Q Now you say these shots were not fired in rapid succession?
A There was a little space between them.
Q You say four shots fired?
A That is the best I can get it.
Q Shot twice and waited a little bit?
A Yes.
Q And then shot twice more?
A Yes, sir.
Q The way you heard it it didn't fire pow, wow, wow, wow?
A No, sir little space between them.
Q How much space between them?
A Something like give Joe time to turn around and start to run.
Q Something like this, - pow, wow-------pow, wow?
A Yes, something like that.
Q In other words, the two groups of shots were distinct and separate, weren't they?
A Yes, sir.
Q When Joe ran he ran out through the broomsege kindly up the road towards Duluth and came back?
A There was a little three cornered space and when he came across he ran out there eight or ten steps and
fell to his knees.
Q And here was the Simpsons car and here is where Vick Dowis was and here is
where the fight happened and you say he broke and ran - here is the road going to Lawrenceville, when he broke and
Page 56
ran, did he run out that way (Showing) or back kindly up that way?
A He ran kindly like this was the car, this the front of it, he ran something like that way (showing).
Q Like this was Simpson's car standing in the road he ran that way?
A Yes, sir.
Q Where was Dowis?
A When Joe throwed up his hands when I was going to Joe, Dowis was coming from the car.
Q Then when he ran - here is the road going towards Lawrenceville, and when he
ran in that direction, like you say he did, that put Joe's right side towards Mr. Dowis, didn't it?
A Joe turned with his face to the right, -- like this is Vick standing there, Joe
turned with his back to me and here was the car.
Q Draw it. Draw the road first from Duluth to Lawrenceville?
A Here is Duluth. Here is Lawrenceville.
Q Where is the Simpson car?
A Here is the car right here. Right here is the three cornered field.
Q Where is your car?
A Standing something like out here.
Q Where was Brannon's car?
A Something like (showing).
Q Where was Mr. Dowis when the shooting occurred?
A Mr. Dowis right here.
Q Now which way did he run?
A He ran right across this way, right into that three cornered piece, - when he
ran there I was coming here, and he came then across this way.
Q This is Duluth, this direction?
A Yes, sir.
Page 57
Q Lawrenceville is this direction?
A Yes, sir.
Q Here is where Simpson's car was?
A Yes, sir.
Q This represents the Simpson car?
A Yes, sir.
Q This represents the three cornered piece of broomsege?
A Yes, sir.
Q This represents that car headed towards Duluth?
A Yes, sir.
Q This represents the Brannon car?
A Yes, sir.
Q The shooting took place there just in front of the Simpson car?
A Yes a little over to the side there.
Q When Joe Simpson ran he ran passed the car?
A He ran right ahead of the car.
Q Where was Mr. Dowis standing?
A He was standing right there.
Q He ran almost with his back directly to him?
A He ran to this three-cornered place. I was coming across here behind this car.
Q When he ran from this point to the three-cornered place where he fell, when he
got up he came back in that direction?
A Yes, sir.
Q Then when he fell and got up he turned to the right, didn't he?
A No, sir he went down on his knees and when he came up he turned with his back to me.
Q That put his right side towards Vick?
A Put this side right here towards Vick.
Q Which side was turned toward Vick when he turned?
A It was his left side.
Q How do you put his left side?
Page 58
A He turned with his face from me and that would put his left side.
Q Vick went around to the back of the car and come to the right?
A Yes, sir.
Q Joe came through he car?
A
Q You told Mr. Dean just now that Mr. Dowis said to you there that Joe was
hitting him on the head with a wrench when he shot him?
A Dowis told me that after I put Joe in the car; he said they were hitting him
over the head, I don't know as he said Joe.
Q Didn't he say wrench and bottle?
A He said wrench.
Q He said he hated it but he had it to do?
A I don't think Vick said that to me.
Q He asked you to stay right there with him?
A No, sir.
Q Before Orin's body was even moved?
A That was after Joe had done left there when Vick asked me to stay there.
Q Orin's body was there?
A Yes, sir.
Q He asked you to stay there?
A Yes, sir.
Re direct
Q Who did you leave there when you left Mr. Corley?
A I left Vick and Bill McGee was walking off towards Mr. Knox's.
Q Who was that?
A Vick Dowis and Mr. Bill McGee were the only ones.
Q Was there anybody else there except the dead body of Orin?
A I think not when me and Mr. Brannon left.
Q Had you seen anybody else there except the ones that you mentioned?
Page 59
A I had seen Buck Foster there.
Q Where did Foster come from there?
A Come there with Mr. Brannon and them.
Q How many in the car with Mr. Brannon?
A I never notice particular, I think three or four.
Q Was there any evidence of any whiskey being in that car at all?
A No, sir.
Q You examined it, didn't you?
A Yes, sir.
Q If there had been any there would you have seen it?
A There wouldn't have been nothing to prevent me from seeing it. I raised the back cushion.
Q Did you smell any whiskey there?
A No, sir.
Q Was anybody drinking there or anything?
A Nothing--that bottle that Joe drank.
Q What was in it?
A It was some kind of soft drink.
Q Did you see preacher Dowis that morning or that afternoon?
A Yes, sir.
Q Where did you see him?
A He stopped a truck load of children right out there at my house.
Q Where did he go?
A Walked up to his home and came back and got on the truck and went off towards Lawrenceville.
Q Before or after the Simpson boys went out there?
A Before they went out.
Q Did you see him any more at that time?
A No, sir.
Page 60
Buck Foster, sworn, testified as follows:
Direct examination by Mr. Dean:
Q Your name Buck Foster?
A Yes, sir.
Q Were you present the day of the killing of Joe Simpson?
A Yes, sir.
Q Did you see the killing?
A No, sir, I didn’t see the shooting.
Q You didn’t see it?
A No, sir.
Q You didn’t see any of it?
A I didn’t see any of the shooting.
Q Where were you?
A I turned around before the shooting.
Q Who carried Joe Simpson away from there?
A Me.
Q Where did you take him to?
A I took him to Dr. Christian’s.
Q What did he have on in the way of clothes?
A He had on overalls as well as I recollect.
Q Was there anybody else in the car with you?
A No, sir.
Q I will ask you to state whether or not there was anything removed from his
person by you or himself at any time from the time you left there until you got to Dr. Christian’s?
A No, sir.
Q How did you get out there Mr. Foster?
A Me and Frank Mattison went out there with Mr. Brannon.
Q What did you see and hear out there, -- tell the jury?
A When I got out there he give him a warrant and he handed it over to Joe and
then he started to search the car and then Joe pushed him out.
Q Did you see him look at the warrant?
A Joe looked at the warrant and told him it was not any good.
Page 61
Q What did Mr. Dowis say then?
A He didn’t say anything just went around on the other side and went to searching and he pushed him out again.
Q Where was Orin at that time?
A He come up about the time he pushed him out the second time.
Q Then what took place?
A He handed Orin the warrant and Orin told him it was not worth a dam.
Q What else happened then?
A I left then, -- and directly Orin called me back out there, and when he called me back out there he told Vick
that the whiskey had gone into Atlanta.
Q Did you see any whiskey there?
A No, sir.
Q Did you examine the car, Buck?
A No, sir.
Q Did not see any at all?
A No, sir.
Q Orin told him the whiskey had done gone to Atlanta?
A Yes, sir.
Q What else was said, if anything?
A Orin told him he was out of his beat and out of the city limits and Vick told him he was deputy sheriff and he
asked him to show him his badge and he didn’t have any badge, and I told the boys he was deputy sheriff.
Q What else?
A Then Vick told him damn it he was going to search the car and Joe told him God damn it he wasn’t.
Q Then what took place?
A I reckon Vick was reaching for his gun and I turned and run.
Q Reaching for his gun?
A I reckon he was.
Page 62
Q Where did he put his hand?
A Back towards his pocket.
Q Which pocket, hip pocket?
A Yes, sir.
Q And you turned and run?
A Yes, sir.
Q Up to that time had there been any licks passed by any of them?
A Only Joe pushed him out of the car.
Q Did you see anybody with a wrench or soda water bottle?
A Yes, Joe drank a coca cola and threw the bottle back in the car.
Q When you turned to run you saw him reach for his gun?
A He reached for his gun and I turned around and run.
Q Where did you run to?
A About even with the car, eighteen or twenty steps.
Q Why?
A I was afraid they were going to get up trouble.
Q How long after you turned to run you heard the shots?
A No time, just the second I got turned around good and got started out the road.
Q Did you see either one of them fall, Mr. Foster?
A No, sir.
Q What, if anything, did either Orin or Joe Simpson have in their hands at that time?
A I never seen anything in their hands.
Q Did you see their hands?
A Yes, sir.
Q Did they have anything in them?
A No, sir not as I saw.
Q When you ran off from there who was in front of you?
A There was a car out there in front of me, Mr. McGee and Boy Corley and Frank Mattison on out the other side
there.
Q The other side of where?
Page 63
A Mr. McGee and Corley out there, sitting out there in the car.
Q Mr. Mattison beyond the car McGee was in?
A Yes going on up the road.
Q Was he running or walking?
A He was going pretty fast.
Q Then he was away up above Mr. McGee’s car then from where this shooting took place?
A Yes me and him both going towards Duluth.
Q How far ahead of you was Mattison?
A I don’t know I guess forty or fifty yards, I don’t know how far it was.
Q Over 100 feet?
A I never measured it.
Cross examination by Mr. Nix.
Q You are the same Buck Foster that plead guilty to having a load of liquor?
Mr. Dean. I object.
The Court. I sustain the objection. You can prove his general bad character you can’t go into specific acts.
Q Now Buck where do you live?
A I live in Walton County.
Q What do you do?
A Farm; I have not been doing anything this year, I have been sick all the year.
Q What were you doing at Duluth that day?
A Not anything.
Q How come you to be at Duluth?
A I just went over to Duluth.
Q Who was you to meet over there that day?
Page 64
A Not anybody at all. I went over there to carry a car over there for Earl Lowe
to carry to Atlanta to sell for me.
Q You were not to meet Joe and Orin?
A No, sir.
Q You brought a Ford?
A Yes brought a Ford.
Q And had another fellow to carry it to Atlanta?
A Yes Earl Lowe carried it down and sold it.
Q Did you go by Jack Trammells?
A No, sir.
Q Do you know where Jack lives?
A No, sir, not now, he used to live over on the road.
Q You have been there a good many times?
A No sir, I have been by there.
Q How come you to go down to where this trouble happened?
A Mr. Brannon come out by there and wanted somebody to go with him.
Q When you got down there was Orin there?
A No, sir he came up after we got down there.
Q When you left Duluth you said you was going down there and beat hell out of Mr. Dowis?
A No, sir.
Q Do you know Ollie Lawson?
A Yes, sir.
Q You say him there in Duluth that day?
Mr. Dean. I object on the ground it is irrelevant.
The Court. What is the materiality of the evidence.
Mr. Nix. We are going to take the position that this man was connected with them in the liquor business.
The Court. It is your contention that Simpson had liquor and this man was in with them?
Mr. Nix. Yes, sir.
Mr. Dean. We insist that he show that.
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The Court. Do you state in your place that you expect to prove that.
Mr. Nix. I do, if your Honor please.
The Court. Go ahead.
Q Did you tell Ollie Lawson there in Duluth that before you went down there you
was going down there and beat hell out of Mr. Dowis?
A No, sir I didn’t talk to him at all.
Q Wasn’t you interested in a load of liquor they had and was carried to Atlanta that day?
A No, sir.
Q Wasn’t it carried in the car that you brought to Duluth?
A No, sir.
Q You say that Orin told you?
A No he told Vick.
Q You say Orin told Vick there in your presence that the liquor had done gone on to Atlanta?
A Yes, sir.
Q And they were trying to delay him a little?
A That is right.
Q In order to give him a little more time?
A I don’t know.
Q And before you went down there didn’t you state up there that there was no use
for the officers to go down there that the liquor had done gone on?
Mr. Dean. I object.
Q Who came to Duluth with you that day from Walton County?
A I don’t recall that there was anybody come with me.
Q Did you go by yourself?
A I think I did, I won’t be sure whether I came by myself or not – I believe Bob McElroy was with me.
Q Do you know an old man over there by the name of Saye?
A I know Billie Saye.
Q He lives over in your community Walton County?
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A Yes, sir.
Q Didn’t you tell him that day before this happened that you would be ready to go
back with him to Walton County as soon as you delivered two loads of liquor?
A No, sir.
Q Wasn’t one of those loads that you delivered to the Simpson boys that day?
A I brought my car over there for a fellow to carry and sell.
Mr. Dean. I object.
The Court. Counsel states in his place he expects to connect it up.
Mr. Dean. He has got to prove it before he brings this into it. I insist that he be confined to the strict rule.
Q I will ask you if you didn’t tell this old man Saye also that you had two trips
to make and that it would take you about an hour and you would be ready to go back?
A No, sir.
Mr. Dean. I don’t see how that could be relevant and I ask the court to rule it out.
The Court. I will let it in as I did the other on the statement that he will connect it up.
Q You did go on down there to where this trouble was?
A Yes he came by and invited somebody to go with him and me and Frank went with him.
Q When you got down there you heard Orin tell Vick that he was just a little too
late, that the load of liquor had done gone to Atlanta?
A Yes, sir.
Q And he wanted to delay them a little?
A Yes, sir.
Q That was after they were “perlavering”?
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A Yes Joe pushed him out of the car before.
Q You say Orin told him he was out of his beat anyway?
A Yes out of the city limits.
Q Mr. Dowis told him he was a deputy sheriff?
A Yes, and I told him.
Q How did you know he was?
A I heard him say around Duluth he was.
Q How else did you know it?
A That is the only way I knew it, -- I heard some of them say he was a deputy sheriff.
Q What is your feelings towards Vick Dowis?
A I think as much of Vick Dowis as anybody, he always treated me alright.
Q Didn’t you get mad with him because he searched your premises and found some –
Mr. Dean. I object to that.
The Court. I sustain the objection.
Q You say you have got a crop this year?
A Yes, sir.
Q What does it consist of?
A Cotton and corn.
Q How much?
A About fifteen acres I guess.
Q You swear you have got a crop?
A Halvers in a crop.
Mr. Dean. I object.
The Court. I think the cotton and corn he raises is immaterial and I rule that out.
Q You say there was no licks passed?
A No only Joe took his hand and shoved him out of the car.
Q Joe didn’t curse him?
A No, sir, -- yes.
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Q Orin?
A He told him God damn him he would search the car, -- Joe told him God damn it he wasn’t.
Q That is all the cursing went on?
A Orin told him the warrant wasn’t worth a damn.
Q How many shots did you hear fired?
A Four as well as I recollect.
Q They were not fired in rapid succession, were they?
A Fired right straight along, pretty well.
Q You had your back turned when they were fired?
A Yes, sir.
Q Did you ever look back any more?
A No, sir.
Q You ran?
A Yes, sir – after the shooting was over I turned around.
Q Did you go back down there?
A I went back down there and got Joe and carried him to Duluth.
Q Who else was in the car with you?
A Nobody until I got up there about where Bowls lived.
Q How far did you carry Joe Simpson with nobody else with you but him?
A I carried him from down there up to Will Bowles.
Q How far to Bowles’?
A I don’t know.
Q About how far?
A About three quarters.
Q Who got in the car with you there?
A Mr. Dodd – carried him on out to Dr. Christian’s.
Q Were you out there when they taken the bottle of liquor off of him?
A I was out there when they took a bottle out of his sock leg
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but it didn’t have any whiskey in it.
Q What had been in it?
A I don’t know I didn’t smell of it.
Q How come them to take a bottle out of his sock leg?
A I told them about that bottle.
Q You told them Joe had a bottle in his sock leg?
A Yes, sir.
Q You went and got it out?
A I don’t know whether I got it out or somebody else.
Q But when they were asking for whiskey you went and got the bottle out of his sock leg?
A Yes but no whiskey in it.
Q What size bottle?
A Half pint.
Q You didn’t even smell of it?
A No, sir.
Q How come you to know he had a bottle in his sock leg?
A I found it in there toting him in the house at Dr. Christian’s and he asked about some whiskey.
Q You mean you felt of it?
A Yes felt it in his sock.
Q Did you say anything about it?
A I told it when he asked about some whiskey.
Q You did get the bottle out of the sock leg?
A I won’t say whether I got it out or not.
Q Joe and Orin had been over to your house that morning?
A No, sir.
Q Or that night?
A No, sir.
Q Did you see them over in Walton County that morning or either one of them?
A No, sir.
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O. O. Simpson recalled:
By Mr. Dean:
Q Doctor, did you have occasion to see Orin Simpson at the time of this shooting or afterwards?
A Yes, immediately after I reached Duluth I went direct to Dr. Christian’s home, -- I was directed by Tom Lewis.
Q Was Orin there?
A No, sir.
Q Where was he?
A He was down at Rutledge’s warehouse.
Q Did you see him after Joe?
A Yes, sir.
Q Did you make an examination of him?
A I did.
Q Did you find any wounds?
A Yes, two.
Q Where were they?
A One on the left breast about near where my finger is at centerally shot into
the breast, and then there was one cut crossing.
Q Two pistol shot wounds?
A Yes, one cut cross him here and didn’t enter but it hit his belt and cut his
belt into; he had on one of these army web belts, it knocked up the skin and went through the cloth.
Q Just two wounds?
A Yes, sir.
Cross examination by Mr. Nix.
Q What size bullets, the wounds you saw?
A I am not an expert on the size of bullets; somebody said 25, 30 or 25 and 20,
but it was a steel jacket bullet the one I cut out; I don’t think it was quite as big as a 32, -- the
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wound on Orin.
Q One went straight through on the left breast?
A Yes, sir.
Q The other cut his belt into and grained the skin?
A Yes, sir.
Re direct.
Q Have you got the bullet you cut out?
A No, sir. There were present Reub Gantt, J. E. Cruse, Dr. Christian and others.
The State rests.
John Moore, sworn, testified:
Direct examination by Mr. Nix:
Q Your name is John Moore?
A Yes, sir.
Q Where do you live, Mr. Moore?
A About five miles South of here.
Q Five miles South of Lawrenceville?
A Yes, sir.
Q Did you live there on the 20th of last February?
A Yes, sir.
Q Then you didn’t live in the vicinity or community of Duluth where this killing occurred?
A No, sir.
Q Were you in Duluth or did you pass through Duluth that day?
A Yes, sir.
Q Where were you going?
A I went through both ways going and coming.
Q What time did you go through Duluth?
A I suppose 9 or 10 o’clock.
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Q Where did you go?
A About half mile across the river to my son-in-laws.
Q In Walton County?
A Yes, sir.
Q Who was with you?
A My wife.
Q Did you return that afternoon?
A Yes, sir.
Q Who came back with you?
A Nobody at all.
Q By yourself?
A Yes, sir.
Q What time did you come back through Duluth?
A 3 or 4 o’clock.
Q How were you traveling?
A In a Ford car.
Q Curtains up?
A All but one at the right front door.
Q You mean the curtains were up and the car was closed, -- had the curtains up except the right front door?
A Yes, sir.
Q The top up and the curtains up all except the right front door?
A Yes, sir.
Q Now did anything occur after you left Duluth?
A Yes, sir.
Q Just tell us what happened in your own way?
A Something like a mile or possibly a little over this side of Duluth a man
stopped me in the road and waved me down and his car was about 100 yards in
front and waved me down and asked me how much gas I had. I told him I didn’t
know. He says I run out and he had a quart bottle in his hand and he got on the
running board of my car and we didn’t stop until we got even
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with his car. I told him I would see how much gas I had. I got out and
examined, and he was saying something about he didn’t know how come him to get
out, -- I think he had some in that bottle and he poured it in his tank. I
looked and told him I would spare him half a gallon and he got under my car to
draw it and drew it and I poured it in his tank, and about that time another
automobile drove up with two men in it and one of them got out and says what are you all hauling today.
Q State whether or not one of them was the defendant, Mr. Dowis?
A I think so, I didn’t know either one at the time. Yes, that is the man I think. When he said that Mr.
Simpson I think made him some reply, I say Mr. Simpson, the man that stopped me I think was Mr. Simpson.
Q It turned out to be Joe Simpson?
A Yes, sir. He asked what we were hauling. Mr. Simpson said something, I don’t
know what, -- I supposed they were friends and he was going to see if he could
aid us any way. I walked up to Mr. Dowis and I says how much gas have you got.
He says I don’t know. I says this man is out. He says how much does he want. He
says if he can get over to the store he can buy it and I decided to let him
have half gallon. Says wouldn’t a quart do you. He says a quart do me to go to
Lawrenceville. I don’t remember making him any reply. He asked us again what we
were hauling today. I didn’t think about anything strange at all, thought they
were friends and he was going to aid us if he could. Mr. Simpson about that
time got out from under my car and as he arose up he says I see you are one of
these bone dry agents, -- that was the first time I thought about it.
Q Did he use any oath with it?
A No, sir not at that time I don’t think. I noticed then Mr. Dowis had a badge on
as an officer, that was the first time I thought about him being an officer. Mr. Simpson walked around his car
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and put the bung in his tank and Mr. Dowis walked a little towards his car and
says I will have to search, something like that and Mr. Simpson asked him if he
had a search warrant and he says no and he says you had better get one before
you stick your damn nose in. Mr. Dowis says well I can get one, I can keep you
here until I do get one. Mr. Dowis turned around and looked at me and says I
don’t know which one of you has got it, and he says what is your name and I
told him. He says Mr. Moore I didn’t know you. I says no and I didn’t know you.
I says if you think I have got anything search and get it. I realized then what
he was after. He walked up and looked in between the back and front seat of my car, just merely looked over in there.
Q Turn the curtains back?
A Yes. I don’t know that the back curtain was fastened, I think he kindly turned it back. He says Mr. Moore I
didn’t know you, something like that, and then I cranked up my car and got away.
Q What was Mr. Dowis’ demeanor toward you, his conduct?
Mr. Dean. Let him state what he said and did.
The Court. Ask him what he did.
Q What was his manner, I think that is proper?
A His manner was pleasant enough as far as I could see as an officer towards me.
Q Now, Mr. Moore, you say when you got down about a mile this side of Duluth
going towards Lawrenceville, this man who turned out to be Simpson and who you didn’t know at the time?
A Yes, sir.
Q You say he waved you down?
A Yes, sir.
Q His car – where was it from the point where he waved you down?
A In front of us.
Q How far?
A I judge something like 100 yards possibly a little farther.
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Q Standing in the road?
A Yes, right in the road.
Q Then you say he got on your running board and rode on down?
A I think he did.
Q Where did you stop your car, behind his?
A I stopped it on the left, we were both coming this way.
Q Both headed towards Lawrenceville?
A Yes, sir stopped right by the side of him.
Q Then you told him to get under the car and draw the gasolene.
A Yes, sir.
Q During that time did you know who he was?
A No, sir.
Q You say you didn’t know he was an officer, didn’t suspect he was an officer until Simpson come out from
under your car and made the remark that he did about him being a bone dry agent, then you saw his badge you say?
A Yes, sir.
Q What was Mr. Simpson’s manner toward the officer?
A He looked like he meant what he said, that is all I can tell you.
Q What do you mean?
A Better get a search warrant before he stuck his damned nose in.
Q That is what he said?
A Yes, sir.
Q You didn’t stay there until the warrant come?
A No, sir, I left right then.
Q Were there any curse words used by Mr. Dowis?
A I think not.
Q I believe you said his manner was pleasant, courteous toward you?
A Yes, sir.
Q How was it toward Mr. Simpson?
A I would say it was as much so as possible; I was not there
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but a minute or so after he used that oath and told him he had better get a warrant.
Q Do you remember after leaving that place a little piece crossing a branch?
A Yes, sir.
Q And going up the hill, did you see anything of any man down about that branch a foot?
A No, sir.
Cross examination:
Q Mr. Moore was there anything about the appearance of Mr. Simpson’s car that indicated that he had any
liquor in it?
A No, sir I didn’t see anything.
Q Did you notice the hood of his car?
A Yes, sir.
Q What condition was it in?
A Turned up, open.
Q The hood was open?
A Yes, sir.
Q Had he been working on the car in any way?
A It seemed he said something about his car, the engine wasn’t running good.
Q He had been working on the engine?
A Yes, sir.
Q When you poured this quart of gasolene into Simpson car was Dowis there then?
A He was when I put in the last one.
Q You had to raise the front seat to do that?
A It was already raised?
Q Anybody could see that?
A Yes it was raised when I poured it in.
Q You poured the gas into Simpson’s car in Mr. Dowis’ presence?
A This last one.
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Re direct by Mr. Nix:
Q The tank was under the cushion of the front seat?
A Yes, sir.
Q Mr. Charters asked you if there was anything about the car that indicated whether he had whiskey, -- I
will ask you if there was anything in Mr. Simpson’s manner that indicated that he had whiskey?
Mr. Charters. We object to that.
The Court. Yes, -- he can describe to the jury anything he saw.
Q Did you look in the back part of the car, Mr. Moore?
A No, sir.
Q You don’t know whether there was a false body to the car or not?
A I think not, -- I don’t know.
Q Did you ever see one of these liquor cars with a false body under the main body?
A No, sir. It just occurred to me that I got into it there – the first time I
ever been caught with anything like it – never seen anything of the kind before.
Q You didn’t raise up the cushion of the back seat?
A No, sir.
Q You don’t know what was there?
A No, sir.
Q You didn’t look in the back part at all, as I understand?
A No, sir.
Re cross:
Q Mr. Moore, Simpson told Dowis that he was perfectly to have his car searched if he had the proper authority?
A He didn’t say those words. Said you had better get a warrant.
Q He told him if he had a warrant it was all right?
A Mr. Dowis told him he could hold him there until he got one.
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Q He was not going to search, and search if he had the right authority?
A That is the way I took it.
Re direct by Mr. Nix.
Q Did he say anything else except what you said?
A That is the best I remember.
Q The words that he used, can you quote them exactly, as near as you can, Mr. Moore?
A He just said have you got a warrant, may be he said search warrant. He told him
he didn’t have. He says you better get one before you stick your damned nose in it.
Q Is that all he said about being willing for him to search it?
A Mr. Dowis says I can get one; I can keep you here until I do get one; Mr.
Simpson says you better get one, or will have to get one; then he turned to me
and says I don’t know which one of you has got it. As soon as he got through with me I cranked up and left.
HENRY KNOX, sworn, testified as follows:
Direct examination by Mr. Nix.
Q Your name Henry Knox?
A Yes, sir.
Q How old are you, Henry?
A 19 years old.
Q Who is your father?
A Ed Knox.
Q Do you know Mr. W. H. Knox?
A Yes, sir.
Q What relation is he to you?
A My grandfather.
Q Was it or not near his home where this trouble occurred?
A Yes, sir.
Q Where is your grandfather at?
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A He is at home. He is sick.
Q Is very feeble?
A Yes, very feeble.
Q What is the matter with him?
A The doctor says he has brights disease and a leaking heart.
Q How old is he?
A 73 years old.
Q Is he able to come to court?
A I don’t know whether he is or not; he stays in the bed about half the time.
Q Where did you live on the 20th of February last, with your father?
A Yes, sir.
Q Where was that at?
A A mile from Duluth.
Q Which way from Duluth?
A On this Lawrenceville road East from here.
Q A mile from Duluth towards Lawrenceville?
A Yes, sir.
Q How close to your grandfather’s?
A It is about 200 yards.
Q Your father’s home sets near the road?
A Yes, sir.
Q Your grandfather’s sets off away from the road a piece?
A Yes, sir.
Q Which is the nearest to Duluth, your home or your grandfather’s home?
A My home is nearer.
Q About 200 yards nearer?
A Yes, sir.
Q On this day Henry, the 20th of February, in the afternoon, did you see Joe Simpson?
A Yes, sir.
Q Where did you first see him at?
A I first saw him he passed my home there, he and Orin were in
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a car together.
Q Which way were they going?
A Towards Lawrenceville.
Q Joe and Orin were together in the same car?
A Yes, sir.
Q Coming from towards Duluth?
A Yes, sir.
Q Going in the direction of Lawrenceville?
A Yes, sir.
Q Passed your all’s house.
A Yes, sir.
Q How far did they go before they stopped if they did stop?
A They went about 150 yards.
Q Who was driving the car?
A I am not sure, I think Orin was driving it.
Q Where were you at the time?
A I was at home in the veranda, up there at my home.
Q Later, after they passed your house and after they stopped, did you see them any more?
A Yes, Joe came up home and wanted to know if grandpa had any gasolene; and I
give him nearly a quart, mama told me where to get it.
Q Did both of them come up there?
A No, sir, just Joe.
Q What became of Orin?
A I don’t know.
Q How close were you to the car when they passed your house?
A Ten or fifteen steps.
Q When Joe got this bottle of gasolene from you what did he do?
A When I gave it to him there was another car coming down the road and he says may be I can get some from
this fellow and he stopped him and went on down the road with him down to where the car was.