Conversation with Weyman Simpson on September 23, 2003
Contributed by Ralph Simpson
Weyman passed along this story of his oldest brother Paul, who murdered a man and spent some time in prison in 1933-34.
Paul was in his early twenties and was
a bootlegger, along with his father. He would usually deliver liquor on
credit and collect on Saturday. One man who was a regular customer would
always call Paul, "Mr. Paul". This man was black and owed Paul some
money. There was a group around and this man said he was ready to pay up
in full, just come out back. Then he called him "Paul". For some
reason, this raised Paul's suspicions and he followed the man out back but had
his gun ready. The man had his hand in his pocket on what looked like a
gun, so Paul didn't wait but shot him three times. The man died and a
sheriff from Lawrenceville arrived to arrest Paul. This was not considered
self-defense since the man did not pull a gun on Paul.
Paul was sentenced to 2-7 years in
prison. His father was able to find someone who heard the murder victim
brag that he was going to kill Paul. With this information, Alex was able
to get Paul freed from prison after about 5-7 months. During this time,
Paul was in the Cherokee County Chain Gang.
Paul Simpson's Murder Trial
Contributed by Francine Rossman
Gwinnett Superior Court Dockets
Grand Jury Indictment
Jury List - Note that C.F. Moon and J. D. Moon were on the Jury!
Court costs of $10.65
The Verdict - Guilty of Voluntary Manslaughter (prison term of 2-7 years)
Petition for a New Trial
To The Honorable W. W. Stark,
Judge Superior Court, Gwinnett County, Georgia.
The petition of Paul Simpson shows to the court the following facts:
1.
That on Friday, June 10th, a commitment hearing was had before Judges John C.
Houston, Otis Pharr and J. A. Brown, Justices of the Peace in and for said
County, upon a warrant charging him with the of offense of murder of a certain
negro by the name of A. B. Benson and that after the evidence was heard on said
trial that he was bound over without bail to the next term of the Superior
Court of Gwinnett County.
2.
That at the said hearing from the State"s witnesses it appeared that there
was no ill feeling or malice existing between this petitioner and the deceased
negro before this occurence.
3.
Petitioner shows that while he made no statement at the commitment trial,
prefering to wait until his case was heard before a jury to do this, that he
has a justifiable defense for this action and that while he admits killing this
deceased negro, this act was necessary to protect his own life and that such
was done solely for the purpose of preventing the negro from shooting him; that
when the negro was shot by this petitioner he had his hand on an automatic
pistol in his right hand coat pocket and was endeavoring to pull the pistol out
of said pocket and shoot him and that if he had not acted quickly as he did
that the negro would have taken the life of this petitioner.
4.
Petitioner shows that while he did not make any statement at the commitment
trial the other evidence produced by the State witnesses and two witnesses
which were produced by him all of them or at least a major portion of it showed
that any difference or ill feeling between this petitioner and said deceased
negro developed just before this occurence and that there was no premeditation
or malice previously existing between them.
5.
Petitioner further shows that immediately after this homicide that the gun which
this deceased negro had in his pocket was removed from his said right coat
pocket by the Constable at Duluth, Georgia and that soon after this occurence a
coroner"s inquest was held and that while the verdict of said jury found
that the deceased negro came to his death by gun shot wounds inflicted by
petitioner that the said coroner"s jury did not recommend that he be held
for murder.
6.
Petitioner further shows that he has a justifiable defense to this charge and
that if he had not protected himself in the manner he did that his own life
would have been taken by this negro.
7.
Petitioner further shows that he that the three Justices of the Peace before
whom the commitment hearing was had on this warrant against him recommend that
he be allowed to make bail.
Paul Simpson, a young man of about 20 years of age of Duluth, Georgia, had a
commitment hearing before the undersigned Justices of the Peace and Ex. Officio
Justices of the Peace on a warrant charging him with the of tense of murder,
which trial was had Friday, June 10th, before us at the court house in
Lawrenceville, Georgia.
From the evidence produced at this trial it appeared that Paul Simpson shot and
killed this negro in the City of Duluth on Sunday, June 5th; from. the evidence
produced it also appeared that the deceased negro had concealed on his person a
pistol and that a witness testified that he saw shortly before the incident the
deceased negro change the pistol from his right hip pocket to his right hand
coat pocket and that this gun was found in his pocket by a Constable at Duluth
who examined his body immediately after his death.
While the defendant made no statement in his behalf at the commitment trial it
appeared from the evidence that he will contend that this killing of the negro
was done in self defense, and in the absence of any statement from defendant
the undersigned acting Justices of the Peace felt that under the law, since
they had no discretion in the matter, it was their duty to bind him over to the
Superior Court without bail.
However, from the evidence produced against the defendant at this trial if it
had been under the law in our power or discretion we would have allowed the
defendant to have entered into a reasonable bond for his appearance at the
Superior Court to answer any charge that might be preferred against him by the
Grand Jury and we respectfully request his Honor, W. W. Stark, to favorably
consider the petition of this defendant for bail and that he exercise his
discretion allowed by the law in such instances and allow this defendant to
enter into a reasonable bond in this case.
Motion for a new trial is dismissed, Paul must remain in prison
Application for Bail
GEORGIA, Gwinnett County.
Paul Simpson, Applicant | In the Superior Court of
Vs. | said County Application to
The
State of Georgia, Respondent | Hon. W.W. Stark for Bail.
To the Hon.
W. W. Stark, Judge of the superior court of said county:
Comes now the State of Georgia through Clifford Pratt, Solicitor General of the Piedmont Judicial Circuit,
embracing said county, and in response to the petition and order nisi thereon
in the above-stated matter, says;
1. Paragraph one of
the petition is admitted, with the further statement that applicant was
committed for murder.
2. Paragraph two is
denied as stated, and respondent submits the entire evidence adduced at said
committal hearing, same having been taken down and transcribed by the official
court reporter.
3. Paragraph three
is denied. The evidence of the witnesses for the State shows positively these
allegations are not true. In addition the State will be able to show by more
than one witness, including the Sheriff of Gwinnett County and his deputy, that
the applicant, Paul Simpson, did not even know that the deceased was armed
until considerably after the killing, and that even after his arrest the
applicant, Simpson, made such statement to the said sheriff. It is admitted
that defendant made no statement at the committal trial.
4. The evidence
adduced at the trial speaks for itself. The inferences and conclusions drawn
therefrom are denied by the State and the State insists that the evidence
showed a case of murder in cold blood.
5. The
coroner's jury's verdict will speak for itself. The evidence speaks for itself
also, and shows that the pistol referred to as being on the person of the
deceased negro was shown by defendant"s own witness to have been in such
condition that it could not have been fired, having the safety on, which the
State contends negatives any intention on the part of the deceased to use the
said pistol. Especially is this so when taken in connection with the
defendant's statement that he did not know that the deceased had a pistol. This
could not be the basis of a reasonable fear.
6. Paragraph
six of the application is denied.
7. Paragraph
seven is neither admitted nor denied, but the recommendation of the justices of
the peace could in any event be nothing more than the recommendation of any
private citizen as such, since the law specifically denies that they have the
right as officials to determine this question. The fact that they committed the
defendant for murder speaks much louder than any recommendation they could now
make.
8. The State
contends that the applicant having had his opportunity to present his defence
to the court of inquiry, and having by his specific statement to the coronor's
jury and by his conduct at the committal trial, declared that he would tell his
side of this matter only when a jury was empanelled to try him, and having
presented no evidence at the time he had this right to do so and which could
have justified three magistrates sitting in banc to commit for a lesser and
bailable offence or refuse to commit, the defendant has had his day in court so
far as ball is concerned, and having been committed on ample and sufficient
evidence for a capital offence, that he should not be permitted to give bail
and be at large, under the provisions of our statute but should remain in the
common jail until the September term of Gwinnett Superior Court
Wherefore, the respondent prays that the prayers of the applicant for bail be
denied, and that he be continued under his present status until the Grand Jury
can investigate and act on the matter, and if indicted, a trial jury can
likewise pass upon the issues.
Solicitor General
Piedmont Judicial
Circuit of Georgia
Request for bail is denied
Paul's lawyer was
cousin Benjamin Franklin "Frank" Simpson
Contributed by Wanda Snyder
61. PAUL JOHN9 SIMPSON
(ALEXANDER HAMILTON8, WILLIAM PENN7, WILLIAM RANDOLPH6,
JOHN5, GEORGE4, GEORGE3, RICHARD2, JOHN1)361
was born 02 Dec 1908 in Gwinnett Co., GA361, and died 18 Mar 1996 in Troup
Co., GA362. He married (1) LOLA MAE BAILEY 29 Apr 1928 in Gwinnett
Co., GA363. She died Abt. 1987364. He married (2)
RUBY KELLEY Feb 1950364. She died 25 Oct 1992364.
Notes for PAUL JOHN SIMPSON:
Funeral services for Paul John Simpson,
Wednesday, March 20, Henperley"s Chapel. Pastor Jimmie Chapman
officiating. Interment, Forest Hills. Survived by dau Catherine
Sharpton, Jonesboro; sons, Robert Simpson, Coila, MS; Frank (Bunny) Simpson,
Atlanta; step-son, James Kelley, Clayton; son-in-law, Howard G. Settle,
Greenville; brother Wayman Simpson, Ellenton; sisters, Janice Smith, Pensacola,
FL; Nona Pitts, Moultrie. (source: Atlanta Journal - March - 1996)
More About PAUL JOHN SIMPSON:
Burial: 20 Mar 1996, Forest Hills365
Children of PAUL SIMPSON and LOLA
BAILEY are:
i.
CATHERINE10 SIMPSON, b. Private; m. ? SHARPTON,
Private; b. Private.
ii.
FRANK SIMPSON, b. Private.
iii.
CALVIN SIMPSON, b. 27 Nov 1934366; d. Jan 1993366.
iv.
ROBERT SIMPSON, b. Private.
