In many of his obituaries, Texas newspapermen used the word 'desperado' to depict gunfighter Ben Thompson. This was somewhat inaccurate because he was not a desperado in the generally accepted sense of the word. Thompson never held up a bank, or robbed a stagecoach or train or rustled livestock. However, for more than two decades he did live the hazardous life of a professional gambler on America’s Western Frontier and he plied his skills in the railroad boomtowns, Colorado mining camps and Kansas cattle towns but no matter where he roamed during his career he always returned to his hometown of Austin, Texas.

Ben Thompson grew to manhood in Austin, and at times when he was behaving himself, was very popular there. After one of his many minor shooting affrays in his hometown, a local newspaper reporter correctly predicted Thompson's ultimate fate:

"The chances are about … nine hundred and ninety-nine in a thousand that the man is living to-day who will kill Ben Thompson. He may not know him now; may have never been in a thousand miles of him; but he is wandering somewhere through the world, moving onwards towards the fatal day and deed! The paths of the two men are gradually merging; they will come on, until their paths cross, and then!! Thompson may escape such a fate, but it is hardly within the range of possibility that he will."

The man who would see Ben Thompson dead wasn’t a thousand miles away. He too, was an Austin hometown boy. Their families had been neighbours and as he grew older he came to know Ben Thompson quite well. His name was William H. Simms, and he was commonly called Billy.

In January 1892, years after Thompson had been laid in his grave, Eastern newspaperman and author Richard Harding Davis began a hurried three month tour through the Western states. As Davis passed through Texas he learned of how Ben Thompson was born in England but grew up "...so thoroughly Western." Davis was told many "...stories of his recklessness and ignorance of fear, and utter disregard of the value of others’ lives as well as his own."

Davis was obviously delighted to meet the man credited by so many as having fired the fatal shots into the deadly Ben Thompson. He would later publish his following impression of Billy Simms;

"I had the pleasure of meeting Mr. Simms at the gambling palace, which was once Harris’s, then Foster’s and which is now his, and found him, a jolly, bright-eyed young man of about thirty, with very fine teeth, and a most contagious laugh."

When Simms recounted a touching story "...tears came to his eyes, and he coughed, and began to laugh over a less serious story. I tried all the time to imagine him, somewhat profanely, I am afraid, as a young David standing up before this English giant, who sent two-score of other men out of the world, and to picture the glaring, crowded gallery, with the hot air and smoke, and the voice of the comic singer rising from the stage below, and this boy and the marshal of Austin facing one another with drawn revolvers; but it was quite impossible."

Billy Simms was born in Austin on February 22, 1856, the son of Irish immigrants James and Bridgett Simms. The 1860 Travis County census indicates that the Simms had prospered in their new homeland. Working as a stone mason, James Simms acquired real estate valued at $1000 and personal possessions assessed at $400. The census also shows Billy as the oldest child with sister Mollie three years old and brother James Jr. age one. Two other children had died while infants, but the family was later blessed with the birth of two healthy daughters, Kate and Regina.

By 1872, the elder Simms had progressed from being a stonemason to become a successful contractor and builder and eventually served the public as a policeman. The Simms family now resided on Cypress Street between Guadalupe and Lavaca. Their home was one block east of the old courthouse and jail. This placed the Simms’ family residence firmly in Austin’s first ward. This neighbourhood was just developing into the fast side of town and was commonly called the "Precincts of Mexico" or "Guytown". For decades to come it would be well-known for its saloons, gambling dens and houses of ill-fame.

James Simms saw this vice district start to grow around his home and he gathered together his neighbours to fight it. In 1874 Simms lead a group of first ward residents in petitioning the city council to close a grocery store and saloon run by the notorious "Mexican Charley" Coney. This grocery store was the scene of many late night fandangos, at least two or three a week, and prostitutes usually attended these dances. Simms and his fellow petitioners claimed Coney’s place corrupted their children and ruined their property values. The city council agreed and outlawed all dance houses that admitted lewd women. However, the council continued to grant liquor licenses to businesses in the first ward allowing several new saloons to open up near James Simms' home. Again Simms and his neighbours were forced to petition the city council, this time in a failed effort demanding that no new liquor licenses be issued in their neighbourhood.

While James Simms waged his fight to save his neighbourhood, his son Billy was fighting for his life after being stabbed by another Austin youth by the name of Giles Burditt Jr., who had an attraction to violence.

The altercation occurred on Thursday night, September 10, 1874 at Woodlief’s Saloon on Congress Avenue. Billy was stabbed once below the ribs and a second time in the stomach, his subsequent recovery began his long run at living what can be considered a charmed life.

By the spring of 1875, James Simms realised that his efforts to save his neighbourhood were in vain. Within two blocks of his home some twenty-five prostitutes were now working in several bordellos and the mayor himself was renting property to known prostitutes. The first ward deterioration was evident to all Austin citizens. In the fall of 1875, James Simms and many of his supporters gave up the fight and moved out of the first ward, at a heavy financial sacrifice, to a more respectable area of town. His efforts to prevent the vice district from corrupting his two sons also failed. Both Billy, even after his near brush with death in a bar-room brawl, and James Jr. would grow up to become professional gamblers.

As a youngster, Billy Simms did not receive much of a formal education. He was still a boy when, like Thompson a decade earlier, he began working as a printer. Again, just like Thompson, Billy Simms became a gambling enthusiast and eventually abandoned the printing trade. On July 17, 1876, Billy Simms had his first known difficulty with the law. It was a relatively trivial offence. He was arrested and briefly jailed for disturbing the peace.

The first known evidence of Ben Thompson and Billy Simms associating appeared in the Austin Statesman on January 4, 1877. The newspaper reported on Simms' visit to the Travis County jail to see Thompson. He provided Thompson with a current copy of the Statesman. It contained an interview that Ben had given the newspaper explaining his version of how a minor incident turned into a fatal shooting. On Christmas night 1876, a string of firecrackers was set off in Austin’s crowded Capitol Theatre. Tempers flared and the affair quickly escalated into gunfire. One of the owners of the theatre and a bartender mistakenly decided to shoot at Thompson. Ben fired back killing the owner and wounding the bartender. Thompson subsequently surrendered to the proper authorities and was placed in the Travis County jail. He was later granted bail and was eventually brought to trial under the charge of murder in the first degree. On May 31st, an Austin jury found Ben Thompson not guilty.

By February 1878, Simms was hanging out in the saloons of Denison, Texas. Late on the night of Monday, February 11th, Billy Simms killed his first man after becoming embroiled in a heated argument with a Denison local, who previously was a friend and drinking buddy of his. Simms’ victim was a grocery clerk by the name of J. V. George. On that fateful night the two men argued over the affections of one Annie Woods.

When George learned that Simms was alone with Miss Woods in her room at the Brown Front on Skiddy Street he went into the bar-room there and downed several more drinks before pulling a knife and yelling threats. He then proceeded to break down the door to Miss Woods’s room. Inside Simms waited with a pistol and he shot twice at George, the first ball missed but the second struck George in the head killing him instantly.

Two days later, Mr. Cowles, the Grayson county attorney, closely examined Annie Woods and another witness, a man only identified as Hewins. The proceedings lasted throughout the entire day and after considering all of the testimony, Cowles decided not to proceed any further against Simms. He was released from custody and allowed to leave Denison.

One newspaper editor long disgusted by the violence, brutality and crime that had rolled throughout Texas since the end of the Civil War raged…

"We envy not the gambler, rough or libertine, who boosts over the success attending the killing of his first man – for of such are the devil’s cohorts, and for a certainty will they receive punishment adequate to the enormity of their crimes. Bill Sims is the last murderer in Texas. He has ever been a gambler, a quarrelsome, troublesome young man, ambitious to "shoot somebody" – and his selection of a friend for a victim is only keeping with his character…No friendly hand was thrust from under that bed of prostitution to stay the committal of a crime that consigned George to an unsanctified grave.  Texas has already suffered greatly by acts of vandalism and deeds of barbarity. Judge Lynch is a commendable character, as compared to the gambler who, with revolver in hand, deals out death according to his individual fancy or compliance with his harlot’s decree…"

Three weeks later on March 5th, the Fort Worth Democrat reported that Simms was trying to reform by returning to his old craft as a printer and was working in Hot Springs, Arkansas. If this was true, he didn’t stay in Arkansas for long. By the end of June 1878 he was in Austin and back to his troublesome ways.

In the Old West it was very desirable for a professional gambler to wear a lawman’s badge. Being armed and having legal authority was usually enough to encourage a disgruntled loser to move along without too much trouble. Billy Simms followed an old custom popular in Austin and managed to get hold of a badge and a little bit of legal authority. He applied to an unidentified Justice of the Peace, informing the officer he knew the whereabouts of a wanted man and if legally authorized he would go forth and make the arrest. The Austin Statesman claimed the type of man who usually applies to be an "officer of some sort-…[then] goes howling about with a big six-shooter buckled to him" and accomplishes very little in providing law and order.

Simms, with two friends accompanying him on the little manhunt, was soon on the road to San Antonio. At the town of Selma, about fifteen miles east of the Alamo City the wagon the three men were riding in suffered a broken tongue while crossing a stream. Simms jumped down soiling his clothes. All of the men were intoxicated and one of Simms companions began to laugh at him. Pulling out his six-shooter Simms continued the good times by firing four slugs after his fleeing friend. The people of Selma found the incident less than amusing and Simms was bound over to appear at the next session of court. The charges were later dropped but the incident did attract further attention and was reported in the newspapers.

The Austin Statesman printed on August 4, 1878, "It is understood that [Travis County] Sheriff [Dennis] Corwin did not commission Billy Simms as a deputy sheriff. The authority was extended by a justice of the peace." This comment published by the Statesman gives an indication that a legally armed Billy Simms walking the streets of Austin upset many of the town’s citizens. Some local official was obviously embarrassed and others tried to distance themselves from this minor scandal. Coincidentally, it was now that Billy Simms relationship with Thompson became strained. For the first time he faced the crisis of dealing with an angry Ben Thompson.

Johnny Lunsford, a prominent newspaper reporter on staff at the San Antonio Light in the 1880’s, later wrote;

"...Simms ... was a sort of protégé of Thompson ... when Thompson embarked in the gambling business, he induced Simms to join him and both soon were recognized as expert gamblers of cool nerve and daring wagers." Simms felt he could do even better off on his own and soon broke off his business arrangement with Thompson.

In 1878 James B. Gillett returned to his hometown of Austin after serving a tour with the Texas Rangers. Gillett saw two of his old schoolmates and inquired about Billy Simms. His friends informed him that Simms had been run out of town by Ben Thompson and was now living in San Antonio.

They explained that Thompson and Simms had been running rival keno games with Simms getting the better play. Ben Thompson’s response to this loss of business was to load his revolver and visit Simms’ place. When he walked in he "pulled his pistol and shot up the keno goose all to pieces and broke up the game." Gillett explained, " While I do not think Billy Sims was afraid of anyone he knew he was no match for Ben Thompson in a pistol duel and few men that ever lived were. So to avoid trouble Sims probably thought it best to leave Austin."

All accounts agree, Billy Simms decided to move on and he was off to seek his fortune in San Antonio.

The bell tower of the old San Fernando Cathedral still looks down upon the town’s Main Plaza. The location of the cathedral is the exact center of the Alamo City and in the second half of the 19th century, dozens of less holy structures surrounded this church. The plaza attracted many adventurous men for it was lined with saloons, gambling dens and brothels. This is where Billy Simms immediately went to when he arrived in town. He sought out and quickly found employment with saloonkeepers Hiram Mitchell and Frank Wallace. They hired him to work their club room which was situated on the southeast corner of Market Street at Main Plaza.

Directly across the unpaved plaza on the northeast corner loomed Jack Harris’ Vaudeville Theatre. Harris had a financial interest in the theatre, the downstairs saloon and with Joe Foster, a veteran gambler as a partner, the second floor gambling hall. He had never been elected to any office yet it was said Harris was the most politically powerful man in San Antonio.

The Light reported, "It is a well known fact that Harris controlled the sporting fraternity so far as their influence upon our city and county politics was concerned, and that his liberality, shrewdness, and tact made him the real leader of the democratic party... Jack held his influence unimpaired for years... he dictated in a very quiet way who should receive the favour of the party. Thus he obtained for his fraternity almost an immunity from the law.  There is no city officer, and hardly a county officer, that does not owe his office to this man’s influence..."

It wasn’t long before Simms moved across the plaza and joined Jack Harris and Joe Foster at the Vaudeville.

In Austin, on March 9, 1880, Billy Simms’ younger brother Jimmy was shot and fatally wounded during a late night gambling dispute. Billy returned to his hometown and attended his brother’s funeral service and burial. Records indicate he decided to stay at least until June with his parents and sisters before returning to San Antonio and the Vaudeville Theatre.

In the late fall of 1880, Ben Thompson campaigned for the office of city marshal of Austin. He was easily elected receiving 56% of the total votes cast.

The City Council confirmed the election results and officially declared him the city marshal on December 18, 1880. In the middle of February 1881, the Texas legislature passed a motion for an excursion to visit the city of San Antonio. Early on the afternoon of Monday, February 21 a passenger train of four coaches filled with State Senators and Representatives, Austin city officials, prominent citizens and members of the press chugged out of Austin bound for the Alamo City. Among the Austin city officials was Marshal Ben Thompson. It was during this trip to San Antonio that Ben Thompson visited the Vaudeville Theatre and set in motion a feud that would eventually claim his life and the lives of three other men.

Many activities were planned for the visitors. The excursionists visited the old Roman Catholic Missions of Conception and San Jose, they walked in the ruins of the fabled Alamo and later toasted their host city at a formal dinner reception. In the afternoon Thompson left the company of the other excursionists and went to the Vaudeville for a drink and to do a little gambling. With Joe Foster running the games of chance Thompson lost heavily and an argument ensued.

The Austin Daily Capital provided one of several similar explanations on what then happened:

"Thompson, while in San Antonio went into a gambling house owned by Jack Harris, Joe Foster, Billy Simms, and probably some others. Ben lost heavily, and had pledged his jewellery to the gambling house. The jewellery consisted of some very valuable diamonds. Subsequently Thompson was told that a job had been fixed upon him and that he had been robbed, without any chance of winning, and being in the mood that losers generally get into under such circumstances, he went to the gambling house and took his diamonds again into his possession at the point of his pistol, using language that was pretty forcible, in fact, cursed the whole house, and denounced them as thieves. Jack Harris, one of the firm, was a man of violent temper, and Thompson’s action irritated him to such an extent that he was ready at any time for a difficulty with Thompson."

Throughout the remainder of that day and evening, several friends of Thompson visited the Vaudeville and tried to mediate a quick end to the difficulty but they failed to convince Harris to forgive Thompson and bury his animosity. Instead Harris kept repeating to them, "I’m going to kill the son of a bitch if he comes anywhere near here." That night Harris made preparations to greet Ben Thompson if he were to call again at the Vaudeville. He sent for Bexar County Sheriff Thomas P. McCall and armed himself with a double barrel shotgun. Harris stationed himself on the street in front of the entrance to his barroom. Sheriff McCall and a handful of police officers remained with Harris till almost 3 a.m. before they realised Thompson was not going to show.

The next day, Billy Simms witnessed a chance meeting at the Green Front Saloon on Military plaza between Jack Harris and Ben Thompson. It would be a bloodless encounter but the animosity between the two men would increase because of it. Simms would later testify to the harsh words exchanged between Thompson and Harris.

"Look here Harris, I heard that you were looking for me with a shot-gun last night?"

"No sir, I was not looking for you with a shotgun."

"I heard you were."

"No, I was not looking for you, I was waiting for you."

"Do you mean to say I can’t come in your house?"

"Ben, if you had a house and forbid me to go into it I would not go around it."

"Do you say I can’t go in your house?"

"No, you can’t."

"Well, I’m coming to your house and if the doors are closed I’m going to kick them down. If you think I care a damn for you, you jump out there on the plaza with your shotgun."

Without any further incident, both men then left the saloon. With the other excursionists Thompson returned to Austin the next day. For more than a year Ben Thompson ignored the warnings of friends and acquaintances who kept repeating Harris’ threats to him and he continued to travel where he pleased.

In the early spring of 1882, Ben Thompson passed through San Antonio on his way to Laredo. In May, Thompson again went to San Antonio to spend several days there before he joined the Austin printers during their excursion to the Alamo City. In early July, he received a circular offering a large reward for the arrest of the outlaw described in it. He would later claim he had reason to believed the wanted man was in San Antonio so he decided to travel there to search for him. It was also planned to be a pleasure trip for his two children and a nephew. The children were to stay with friends while Thompson searched for the wanted man. Unlike his last two trips, this visit would not pass so uneventfully.

July 10th was the day of Thompson’s arrival in San Antonio. He placed his children with friends and went downtown. Billy Simms and Thompson briefly saw each other that evening. Later under a tough cross examination, Simms would grudgingly admit that the next morning he brought two pistols from his home to the Vaudeville Theatre. He stored the pistols in his private room in the second floor gambling area. That same afternoon around 3 p.m.

Thompson stopped in the Vaudeville’s gambling rooms. The stated reason for going there was to search for the wanted man. He met Simms and they shook hands. Their conversation was cordial and did not mention any difficulty between Thompson and the people at the Vaudeville. However, upon seeing Thompson in the gambling hall, a friend of Ben’s who had charge of a gaming table there immediately expressed to Ben that he was in imminent danger. Thompson stayed alert and shortly left. Maybe this is when Ben Thompson finally decided he had enough of Jack Harris and his threats. Also, for a reason he never fully expressed, Billy Simms now anticipated serious trouble from Thompson. He returned to his private room and put on both of his pistols.

On Tuesday July 11, 1882 at 6:45 p.m., Ben Thompson returned to the Vaudeville and ordered a whiskey. The bartender claimed his manner was argumentative. Thompson did not inquire about the wanted man he was supposed to be hunting for instead he "... wanted to know where were them damn son’s of bitches with the shotguns." Thompson then went outside for about 15 minutes where he spoke to beat policeman, Jacob Rips, and some others. Thompson asked Rips, "...why don’t you policemen close this whorehouse." Rips replied he had not been instructed to do so. Ben re-entered the bar with a local businessman, a jeweller named Leon Rouvant and ordered another drink. Officer Rips quickly got as far away from the Vaudeville Theatre as his beat allowed him.

As Thompson was downing his drinks, Jack Harris was walking towards the Vaudeville. It was his habit to go home in the afternoon, rest, and return in the evening. Worried, Simms hustled down Commerce street and met Harris about one block west of the Vaudeville. They spoke for a few moments and from under his coat, Simms pulled out one of his two pistols and handed it to Harris. He then proceeded Harris by four or five steps back towards the Vaudeville. Johnny Dyer, an off duty Vaudeville bartender, also stopped Harris outside the saloon’s west door. He whispered to Harris that Thompson was in his place. Dyer walked back into the saloon and placed himself to the rear of the room behind some whiskey barrels. Thompson was facing the bar counter with his back turned towards the west entrance. Only twelve feet behind him, looking into the saloon, stood Jack Harris. Simms would later hint that if Harris really wanted to murder Thompson, this was the perfect opportunity. For a moment, and it was only a brief moment, Jack Harris could have easily shot Ben Thompson in the back. To his credit, Harris was not a back-shooter and for reasons we will never know he chose not to use the pistol Simms had just given to him. Within a few minutes, his decision not to shoot then and there and his subsequent course of action would prove to be a fatal mistake.

Ben Thompson finished his second drink and exited the east door as Jack Harris carefully walked in the west entrance. Harris immediately went to the theatre ticket office on the east side of the saloon, loaded the double-barreled shotgun he kept there, stepped out of the office, placed himself half hidden behind a set-off in the wall and waited. Just outside, with arms crossed stood Ben Thompson. From his vantage point behind the barrels, Johnny Dyer could watch the movements of both Harris and Thompson.

While Harris was positioning himself, Billy Simms met Thompson on the pavement in front of the Vaudeville and for at least five minutes, he pleaded with Thompson not to cause any trouble. As they talked the sun was setting. Frustrated Simms walked back into the Vaudeville. It was now just past dusk.

As Simms walked to the stairway that led up to the theatre and gambling rooms, he admitted he passed by the ticket office but denied seeing or speaking to Harris. He would claim he went upstairs to look for Joe Foster and it was then he heard two shots ring out. Foster was not in the building at the time. Thompson’s attorneys would argue that when the two shots were fired Simms was at the head of a flight of stairs that led outside and to the rear of Thompson. Moments after the shooting, Simms was seen with a cocked pistol in his hand.

Jack Harris was wounded in the chest, a "ball struck the breast bone, and glanced . . .up between the 4th & 5th ribs and passed out behind." The shot passed through the right lung and caused severe haemorrhaging. Carrying his cocked shotgun, Harris staggered up the stairs towards the theatre gallery. Johnny Dyer followed and found him laid out between the benches. He was surrounded by two or three women. One held his head. The two actresses, Kate and May Mauri told Dyer that Jack was shot; Dyer raced out of the Vaudeville and found Dr. Thomas Chew who examined Harris at the theatre. Friends placed Harris on a cot, ordered a hack and took him to is home three blocks away. Besides the attending Dr. Chew, other physicians were called but nothing could be done to save Harris’ life. For more than an hour he suffered and he was in such agony that once he implored, "Oh ! Someone kill me for God’s sake and let me die." Moments later he ceased tossing over the bed, took one last bloody gasp and died.

The next day Ben Thompson voluntarily surrendered to Sheriff McCall and San Antonio City Marshal Philip Shardein. The shooting death of Jack Harris was front page news across the state. A coroner’s jury was convened on the afternoon of July 13, testimony of witnesses were given and the jury found "...Jack Harris came to his death by a pistol shot wound by a pistol held in the hands of one Ben Thompson."

Billy Simms produced bond and was appointed temporary administrator of Harris’s estate. The Vaudeville Theatre had been closed since the shooting reopened on July 15 under the management of Billy Simms, Joe Foster and Johnny Dyer.

Thompson remained confined to jail. His attorneys filed a motion of Habeas Corpus. The hearing took place over four days, beginning July 25th and lasting through the 28th. Thompson through his own financial resources and with help from close friends was prepared to furnish a large bail. The Habeas Corpus hearing was a hard fought affair. Sixteen witnesses were called to testify for the State and eighteen for the defence. District Court Judge George H. Noonan presided and after studying the evidence presented by both counsels, Noonan ruled against releasing Thompson on bail and recommitted him to a jail cell. On September 6th, a Bexar County grand jury formally indicted Ben for the murder of Jack Harris and the trial was set to open on the 12th instant.

Writing from his cell in the county jail, Thompson authored a lengthy statement explaining his version of the Harris shooting and the events leading up to it. On September 10th, the letter was printed in the Austin Statesman. His statement clearly shows he understood the value of obtaining the public’s good opinion before going to trial. He emphasized:

"... As there is a God in heaven, I do believe that if I had not shot at the moment I did , I should have been shot in the front by Harris and in the rear by Simms.  Important witnesses were run off by Simms and others to prevent revelations damning to the conspirators and favourable to me."

On the morning of Tuesday, September 12th, the case of the State of Texas vs. Ben Thompson was called before the district court. The attorneys defending Thompson "... presented the court with a petition in which it was alleged that the defendant could not safely go to trial at the present term of the court for want of testimony." Key witnesses for the defence were unavailable to testify, including the Mauri sisters. Their testimony was expected to prove that after Harris was shot he asked them, "...Is Thompson killed?" and being answered in the negative, then asked "Are any of my friends killed?" - thus showing that Harris and his friends had concerted measures to murder Ben Thompson. The defence also argued that Johnny Dyer was positioned behind the whiskey barrels watching the movements of Ben Thompson for a reason other then just curiosity sake. Judge Noonan granted the petition and the case was continued until the next term.

While Ben Thompson and his attorneys fought for his freedom and life, Billy Simms worked to improve both the appointments and the quality of entertainment offered at the Vaudeville Theatre. He travelled east to seek new acts and the San Antonio Light reported on September 12th that he would return from St. Louis with a troupe of seventeen performers. The Vaudeville Theatre also received a complete refurbishing. The Light stated that theatre now enjoyed new chairs, a dress circle, new paint, new improved stage machinery, and a new brilliant electric light suspended from the ceiling. The fall season opened September 17th to enthusiastic reviews and continued to receive positive reviews throughout the fall.

Ben Thompson would linger in jail awaiting his trial until January 1883. On Wednesday morning, January 10, Thompson was arraigned. His attorneys applied for a change of venue. They "...alleged there is a dangerous combination formed against the defendant, and that prejudice is such that he cannot get a fair and impartial trial." Judge Noonan ruled against the motion. After conferring with their client for a few moments, the defence attorneys shocked the prosecutors and spectators alike. They declared their defendant ready for trial.

The trial commenced Tuesday morning, January 16 and lasted till Saturday. Two of the prosecution’s key witnesses were Billy Simms and Joe Foster. It was said that the money the prosecution needed to pursue the case was provided by them. Simms and Foster’s efforts proved to be in vain, because on Sunday morning the jury brought in a verdict of not guilty. On the evening train, Ben Thompson, accompanied by his wife and daughter, returned home to Austin.

Freed after an imprisonment of seven months, Ben Thompson felt the need for some recreation and decided on a lengthy trip. Monroe Miller, a close friend and Austin businessman, chose to accompany him. Their first stop was San Antonio. It was an act of true bravado, typical of Ben Thompson. He demonstrated to all of Jack Harris’ friends and associates his contempt for them by immediately returning to the scene of his past troubles.

Other stops included Laredo, Brownsville, Matamoros, Corpus Christi, Galveston and New Orleans. It was described as a "...trip full of pleasure, fun and recreation, nothing happening on the entire travel to mar the object for which it was undertaken." When he eventually returned to Austin, he again engaged in his former business of gambling.

The remainder of 1883 would pass quietly for Ben Thompson. However, in January 1884 his heavy drinking bouts became more common and for the next several months his late night pistol antics in Austin became more frequent, annoying and dangerous. His friend and attorney, William Walton described his behaviour;

"...while sober he was polite, affable and as much the gentlemen as in all the times past, ... when indulging in drink beyond a certain degree he became dictatorial and dogmatic, making it extremely disagreeable to be in his company ... He was fast becoming a terror, not only to the people generally, but also to his own immediate circle of friends." It was believed Thompson was suffering from insomnia and depression.

The newspapers and public who had supported him so often in the past and easily forgave him for his peccadilloes now grew tired of his behaviour.

Billy Simms remained as proprietor and business manager of the Vaudeville until Ben Thompson was acquitted. During the first week of February 1883 Billy Simms relinquished the job of business manager of the Vaudeville Theatre and soon left San Antonio to visit Chicago. In August Simms was still "absent in the North." A relative of Simms has stated that it was his intention to leave Texas for good, but he was delayed in San Antonio during the early portion of 1884 because of affairs related to the administration of Jack Harris’ estate. The Light formally announced that Billy Simms had returned to the Vaudeville and to his old position as business manager in February 1884.

On March 11, 1884, John King Fisher, a noted gunman from the Nueces Strip, was in Austin on business. Fisher, once the leader of a gang of rustlers, was now a lawman, a deputy sheriff in his home county of Uvaldeand was an intimate friend of Ben’s younger brother Billy. Ben Thompson and Fisher met and enjoyed Austin in a quiet way. Sometime earlier they became angered at one another and remained so for several months until mutual friends interceded and they reconciled. In the late afternoon, Fisher wanted to leave for his home in Uvalde, located some ninety miles west of San Antonio. He was anxious for Thompson’s company and Ben agreed to accompany him as far as San Antonio. They arrived in the Alamo City via the International Train at 8 p.m. It has been reported a telegram from Austin to the proprietors of the Vaudeville preceded their arrival. United States Marshal Hal Gosling was a passenger on the same train. He went to the Vaudeville Theatre and warned a house policeman named Jacob Coy that Ben Thompson was in town.

The two gunfighters stepped off the train, crossed the street and had a drink at the Gallager Brothers International Saloon. They took in a play and had more drinks at the Turner Hall on Houston Street. Leaving the hall before the play ended, they walked westward towards Main Plaza. They had been in town almost three hours before they decided to visit the Vaudeville Theatre. King Fisher was a good friend of Joe Foster and perhaps he offered to mediate an end to the feud or perhaps as many have since suspected he was luring Thompson to an ambush. Just before 11 p.m. they entered the Vaudeville’s downstairs saloon. They took a drink at the bar and then upon invitation from Billy Simms proceeded upstairs to the theatre gallery. Closely watching the pair, Billy Simms followed up the stairs behind them. Within a few minutes of entering the upstairs gallery both Thompson and Fisher were stretched out on the floor dead from multiple gunshot wounds.

The newspaper reports of this tragedy dwarfed the Harris affair. Virtually every newspaper in Texas carried an account of the shooting on its front page and many published in detail the testimony given at the subsequent coroner’s inquest. Some initial newspaper accounts reported Billy Simms as doing the bloody work. The March 12 Galveston Daily News astutely commented "...No two accounts of the tragedy agree, and when analysed were self-contradictory." The Dallas Daily Herald of March 13 stated "...Both [Simms] and Foster dreaded Thompson; [They] looked upon his death as their only hope for life."

Joe Foster was unable to attend the coroner’s inquiry. During the shooting affray he received a bullet wound in his right leg and he was forced to have the leg amputated just above the knee joint. Jacob Coy was also slightly wounded in the calf of his right leg but he attended the inquest. Billy Simms and Coy testified that Thompson started the trouble when Foster refused to shake hands with him. They claimed Thompson became angry and went for the pistol stuffed in his waistband. Coy stated he fought with Thompson over control of the weapon as Ben wildly fired round after round. They struggled for a few moments until they both tumbled down onto the Floor but only Coy was able to stand up after the screaming and shooting came to an end.

At the conclusion of the testimony, the coroner’s jury took only fifteen minutes to return the following verdict: Ben Thompson and J. K. Fisher both came to their deaths...from the effects of pistol shot wounds from pistols held in and fired from the hands of J. C. Foster, Jacob S. Coy and William Simms, and we further find that the said killing was justifiable and done in self defence."

Amazingly no one who testified could or would identify who actually fired the countless shots that created the twenty-two bullet wounds later found in the bodies of Thompson and Fisher. One unrelenting juror continually pressed Simms during his testimony and repeatedly asked him just who had fired the fatal shots. Simms refused to answer the question and the justice presiding sustain Simms’ right not to answer.

Shortly before his funeral service and burial, Ben Thompson’s remains underwent an autopsy by two prominent Austin physicians: Doctor Thomas D. Wooten and Doctor Charles N. Worthington. The Austin Statesman published on March 14 the results of their examination:

"The coroner’s jury at San Antonio only found that three shots hit Thompson, when, in fact, eight bullets entered his body ...Some of the bullets were taken from the body, and these were submitted to experts ... they were found to have come from both Winchester rifle, and 44-calibre pistol cartridges, showing that both these weapons had been used in the deadly work. The effects of six of the eight balls that entered Mr. Thompson’s body ... were fatal and he would have been powerless in an instant after any of these struck him ...Thompson was shot when standing erect by persons who were above him, and who were also a little to the left ... he must have been standing still at the time, as is shown by the parallel course of the bullets."

The Statesman ended it’s article stating:

"...It would be interesting to have a scientific investigation of Fisher’s wounds to see what sort of evidence they would give."

King Fisher’s body was buried in his hometown of Uvalde without undergoing a formal autopsy examination.

On March 13, the day after the coroner’s hearing, a reporter for the Austin Daily Dispatch wrote;

 "... The general verdict in our city is that Thompson was lured into a trap and brutally assassinated, and that the affair was a well laid, coolly prepared plan to murder him. The verdict of the coroner’s jury is simply prepared to suit the case, and is not sustained by the facts. The evidence given before the jury is unworthy of credence, and was given merely by those who desired Thompson’s death. That Thompson came to his death by shots from the pistols of Foster and officer Coy, is unworthy of belief ... In an interview with Billy Thompson, the brother of Ben, he declares that Ben and Fisher were shot by parties in the boxes or behind the scenes, hired to do the shooting, and all the circumstances point to this being the fact."

The same day that the Austin Daily Dispatch published its article concerning the mounting suspicions of what took place in the Vaudeville. Billy Simms invited a reporter to view the scene of the tragedy and hear his side of the story. Jacob Coy attended the interview but did not make any comment. The San Antonio Express printed Simms’ account in the March 14 issue.

"... I would like to have you state that ever since I have been under the responsibility of the executorship of the Harris estate, and had charge, my aim and every endeavour has been to conduct this establishment and show in an orderly manner, and actuated by this motive I employed Coy as a special policeman, knowing him to be a cautious, careful and law-abiding officer, on whom reliance could be placed. The difficulty which has occurred is one which has given me great pain, and has since it transpired caused me the deepest regret but I believe that there was no power on earth which could have prevented it. It had to come, for Ben Thompson was determined upon it, and could not be appeased or prevented, and both myself and Joe Foster did all in our power to mollify and pacify him, and Joe pleaded with him to abstain from any trouble, even after Thompson had denounced him as a thief and said he would expose him as such ...On behalf of myself, Foster and Coy, I intend to ask the grand jury to prefer an indictment against us and to insist on it and have a trial, ... In behalf of all three of us, I am going to demand a trial by a jury and will abide by their decision and am sustained by conviction that all of us mentioned in the coroner’s verdict were acting entirely as the coroner’s jury said we were, in defence of our lives. I had no desire to see this trouble come on and would have done, and believe I did all that any man could have done to avert it, and so did Foster and Coy. The latter risked his own life by grabbing Thompson’s pistol. I had no ill will against Thompson and none on earth against Fisher either, and had a pleasant conversation with the latter a few days before the unfortunate tragedy. I had met Fisher a long time ago when our relations were only formal but friendly, and had not seen him for some time until this occasion, when I met him on his way to Austin, when we both remarked that the appearance of each had almost passed out of the recollection of the other, such a long time having passed since our former meeting. King Fisher, I had no idea, was ever to be confronted by me in a difficulty of any kind, and if I had been told so I should have scoffed at the idea, and while I was satisfied that Thompson might attack me on account of the Harris matter, I would not have had a quarrel with him, and had firmly resolved to avoid him as far as I could do so without deserting with cowardice my premises, and even hoped firmly when we started to the stairs to go to the bar and drink, that all of his resentment had been buried. He and King Fisher had healed their differences, and I hoped that by going with him and drinking he would bury his animosity for me."

The next day following the publication of the Billy Simms Express interview, the Austin Statesman questioned Simms' stated desire for the Bexar County grand jury to indict Foster, Coy and himself. "...Why Simms should make such a bluffing statement as this is not quite clear, unless it be born of a guilty conscience...the more the terrible affair is sifted the more convinced are the people becoming that the killing was simply a foul murder, it will require more than a hasty coroner’s jury to remove this impression, and both Simms and his confederates have already realised a foretaste of this growing fact."

The Vaudeville saloon, gambling rooms and theatre soon reopened with Billy Simms as its business manager. On March 18, just four days before complications from his leg wound took his life, an ailing Joe Foster agreed to be interviewed by a San Antonio Express reporter. For the first time, Foster made public his version of how Thompson and Fisher met their deaths. He claimed that it was he who fired the fatal shots into Ben Thompson. He stated that his first shot struck Thompson squarely in the chest helping to knock Thompson, Fisher and house policeman Coy to the floor. Foster then rushed up to the sprawling Thompson and placed his pistol against his left eye and turned it loose again. It was then that Foster was shot in the leg but he managed to fire his four remaining bullets into the crowd of struggling men on the floor. He ended his statement by expressing his sorrow for the death of King Fisher. He explained that they had long been warm friends. The day after Foster’s interview appeared in print the Austin Statesman retorted,

"He is certainly the boss liar, if correctly reported. He says ‘he put his pistol against Thompson’s breast and fired,’ and the shock keeled Thompson and Fisher into the corner. At the post mortem examination not a scratch on Thompson’s breast appeared. Foster ought to have read the results of that examination before he made his statement."

On April 24 book publishers Edwards and Church provided the editors of the Austin Statesman a copy for their review of William Walton’s hastily finished biography entitled "The Life and Adventures of Ben Thompson, the Famous Texan." The Statesman editors lauded Walton’s efforts in telling...

"...Ben’s life in an interesting and exciting manner, but the book is free from...the sickening blood and thunder style that generally characterizes works of a similar nature."

In the book’s final paragraph, Walton stated that;

"..Attorneys have been employed by the friends of Thompson to inquire into the manner in which he met his death, and it is confidently hoped that justice will eventually be dealt out to all concerned, as new facts are constantly coming to light which bid fair to unravel the dark mystery of the Vaudeville tragedy."

The newspaper editors predicted financial success for the biography, They did not comment on the chances that any future legal effort by Thompson’s family would be successful in bringing anyone to trial to answer for the double tragedy at the Vaudeville Theatre. Also, on Thursday, April 24, a close friend of King Fisher, R.H. Lombard, visited San Antonio with the desire to seek revenge. He had decided to pursue a strategy different than that of Ben Thompson’s family. Instead of legal efforts and private investigations, he chose to use a pistol in a vain attempt to make someone pay for his friend’s violent death.

The Austin Statesman published an article on Friday morning, April 25, detailing another near fatal tragedy at the Vaudeville Theatre. During this shooting affray Billy Simms would not demonstrate the skill with a pistol that so many Texans believed he now possessed. The Statesman headline and article read :

"The Devil’s Den! Once more the crack of the revolver is heard in the Vaudeville! And Sims of Unsavoury Memory, Gets the Best of his Antagonist! Another chapter in the Vaudeville tragedy was enacted this evening about 6 o’clock, resulting in a shooting scrape between Billy Sims, manager of the Vaudeville, and R. H. Lombard, attorney, and former editor of the Eagle Pass Maverick ... It seems Lombard, who was a warm personal friend of King Fisher, came into town early this morning drunk, and went at once to the Vaudeville bar, where he threw down a $50 bill and called for drinks, remarking that the late killing of King Fisher was a cowardly and cold-blooded murder. This evening he came back again and met Billy Sims, who had been told of Lombard’s words. Sims told him that (being probably as well prepared as well as in the first tragedy) he had a notion to slap his face. Some words passed, when both drew pistols, Lombard firing one shot at Sims without effect. He used a double action pistol, and did not know how to work it, and could not fire a second time. During this interval the hero of the Thompson-Fisher murder kept blazing away at Lombard, who, while Sims was firing at him, ran outside to the pavement to avoid being killed. While there, Sims’s last shot took effect in Lombard’s right arm, inflicting an ugly wound. Both were arrested and bonds taken in the sum of $2,000 each. And thus by accident and good luck San Antonio is spared the disgrace of another bloody Vaudeville tragedy."

Reporting on the same day as the Statesman, the San Antonio Light provided some additional details to the affair. Lombard first struck Simms before drawing a pistol he had earlier taken from a sleeping friend. The newspaper stated that a total of six shots were fired, four by Simms. Lombard's arm wound, although painful, proved not to be serious. Simms was taken and held in the county jail until he was able to furnish bail. The Statesman would subsequently report that on May 2, "Billy Sims and R. W. Lombard were fined one hundred dollars each to-day by the recorder for their recent shooting scrape."

The day after the fine was imposed on Simms and Lombard, the San Antonio Light voiced that a "... Good many people of late complain about the Vaudeville theatre as a nuisance and want to see the same shut up ... The Light is informed that the Vaudeville can be closed at once, if the parties wanting the property will pay Mr. Simms anything like a fair value for his lease and improvements thereon." To help eliminate the Vaudeville and places like it, the Bexar County Grand Jury in its spring session created quite a sensation by handing out more than two hundred indictments many against gamblers and prostitutes in an effort to close their establishments and drive them out of San Antonio. Besides the once friendly political climate turning against him and other gamblers Simms was eager to settle Harris’ estate and rid himself of the Vaudeville. He was nervous about how King Fisher’s friends kept coming to the Vaudeville and complained to a reporter at the San Antonio Express that they had been trying to "hurrah" the place in an effort to draw him into a fight. Among the men he complained about were two prominent lawmen: An ex-Texas Ranger Captain and San Antonio police officer Joseph Shely and Deputy United States Marshal F. Niggli.

On July 24 the Light reported that a Mr. John Strappenbeck paid $1,753.25 for the effects of the Vaudeville bar and theatre and on August 22 the Express informed its readership that the site had been leased to Mr. R. Bianchini. His intentions were to open a dining hall and a first class restaurant. The bloody days of the Vaudeville as a theatre, saloon and gambling hall had ended and Billy Simms once again thought it may be for the best to get out of town for awhile

Simms again travelled north to spend some time in Chicago, this time with a companion named John Slattery. Upon their arrival in the Windy City they checked into the Matteson Hotel. The hotel clerk greeted Simms warmly and as they shook hands, the clerk said, ‘Well I am glad you got out of that scrape alive,’ referring to the Ben Thompson tragedy. A local reporter of the Chicago News had been tipped off by the hotel clerk of Billy Simms' arrival and that evening an article appeared entitled "...READY FOR AN ATTACK. Two Men From Texas Who Are Walking Arsenals." The News reporter went on to state "...He [Simms] enjoys the proud distinction of having killed two men. He, however ‘got the drop on them.’ The friends of the two have sworn vengeance on Simms, and so wherever he goes, he is always heavily armed, and always travels with a companion who also has his pockets filled with revolvers."

The Chicago News article was reprinted by the San Antonio Light on Tuesday, September 2, 1884. The publication of this and other articles caused Simms considerable aggravation. In Chicago, he was besieged by rival reporters seeking an interview. He adamantly refused to speak with any of them so the reporters reacted by making up their own stories, one newspaper outlandishly wrote that Simms had taken a contract from the State of Texas to kill Ben Thompson. Another called him a notorious man-slayer. He responded by writing to a friend back in San Antonio, parts of his letter were paraphrased and published, "...he does not desire the notoriety of being a Texas desperado, and hopes that the grand jury will indict him that he may be able to prove by eyewitnesses--men who have never been before mentioned—the facts and truth in the case." He denied being interviewed by any Chicago newspaper and further wrote "...What makes me so mad is that it looks as if I had gone North like a braggart boasting of my achievements, when I have never spoken of the wretched affair. As far as the Times saying I was a murderer, I am, and always have been a good citizen, law abiding and peaceable. I am perfectly willing to abide by the decision of the citizens of San Antonio. When the case was before the grand jury I placed the whole account of the matter before and begged them to indict me, for I felt sure of acquittal."

He said he would return to San Antonio and stand his trial. Billy Simms subsequently left Chicago and returned to the Alamo City but he was never indicted or face a trial, nor did anyone else, for the killing of Ben Thompson and John King Fisher. When Billy Simms returned to Texas he went to Austin to visit his family there and perhaps he meant to show Ben Thompson’s friends and relatives he held no fear of them. He later commented to a San Antonio Express reporter how he spent a few days in the Capital City and unknowing avoided what could have become a deadly affray:

"While I was in Austin at home, at the residence of my mother, Taylor Thompson, a printer, working for one of the papers there, and whom I knew when he was in San Antonio, was on a spree, and went down town and tried to get a party to go with him to kill me. This party, who was a friend of Ben Thompson, told Taylor Thompson to attend to his business, and he would mind his. Taylor went down the street and bought a pistol with which he threatened to kill me, and acted so boisterously that the police arrested him and locked him up. I was in blissful ignorance of the whole occurrence until next morning, when I was summoned by telephone to identify the party. I went up, and when I got to the Recorder’s Court, saw it was Taylor Thompson, who by the by, is not related to Ben Thompson. When I asked him why he had threatened to kill me, and what grievance he had against me, he said: ‘I haven’t anything in the world against you. It was whiskey that did it, I expect, for I do not recollect anything about the affair. He was fined $100 by the Recorder, and after finishing my visit to my mother, I came back to San Antonio. That is all that there is to tell."

Simms decided he would continue in his chosen profession providing entertainment for the public. The San Antonio Light announced on October 17, that Mr. W. H. Simms and his partner Max Samuels intended to invest more than $25,000 in a theatre building and that they promised to provide first-class variety performances. The location of the new theatre was to be on the west side of Military Plaza. It’s name was to be the Fashion Theatre and it’s grand opening was scheduled for December 22, 1884.

The Fashion Theatre was not a place a lady would chose to attend, but it was considered the epitome of elegance at the time. The theatre was designed and constructed to provide it’s patrons the finest amenities available. A front balcony was decorated with an ornamental iron railing resting on iron columns. This theatre was a much more spacious venue then the old Vaudeville. A huge gas-lit chandelier was installed to illuminate the main floor of the auditorium. An impressive skylight was placed in the roof at the exact centre of the auditorium. This allowed ventilation during the hot summer months. The house could comfortably accommodate an audience of seven hundred and each seat had a "receptacle underneath for either hat or cloak, or both." Installed backstage was all of the machinery necessary to handle the eighteen different sets of scenery designed to enhance the performance of every entertainer.

The Light reported that the theatre’s troupe boasted twenty-eight performers and the specialties of these entertainers varied considerably. The opening night company consisted of "...soloists, comic, burlesque, trapeze, [and]... plantation darkey." The cost to attend these performances was only 25 cents and at the bar only the choicest cigars, liquors and wines were served. The long wooden bar was a source of pride and it also served as a lunch counter. The barroom walls were decorated with six mirrors and wallpaper that cost the exorbitant price of $3.00 per roll.

The theatre’s management prominently displayed in newspaper advertisements the following promise of safety to it’s patrons. "All parties visiting this theatre can rest assured that the best of order shall be maintained, and any one shouting, whistling, loudly stamping, or otherwise disorderly, will be placed under arrest and prosecuted to the full extent of the law. A special officer is employed by the management and is in constant attendance to secure the enforcement of these rules." To help insure the new theatre’s success, Simms and Samuels continuously presented "...new scenes, new faces, new costumes" and an "entire change of programme twice a week." As was the custom of the time the Fashion Theatre also provided a gambling room for its patrons' enjoyment and for the additional revenues it would bring.

Through the winter and spring of 1884-85 Billy Simms enjoyed the success of his new business venture. The Fashion theatre thrived, but Simms still had to deal with difficult performers and the problems arising from their personal lives. On Saturday afternoon, May 2, 1885 Simms intervened to quell an incident of domestic violence. A trapeze performer and wife beater by the name of George Mackwould, who performed under the name Victorio again attacked his wife Cleo. Her screams brought Simms who found Victorio pinning Cleo to the floor while attempting to blind her by pouring ammonia into her eyes. Simms grasped the man by the throat but found Victorio too powerful of a man to wrestle with. Instead Simms pulled his pistol and drove the man away. Victorio soon returned after arming himself but one shot from Simms sent him fleeing again. The shot brought City Marshal Cardenas and with the help of his officers arrested both Simms and Victorio. Simms was released after paying a $5.00 fine while Victorio languished in jail. Two days after the affair the San Antonio Express printed details of the affray and lauded Simms for his timely intervention stating:

"No one can accuse Mr. Simms of not being in every respect a law abiding citizen and as conscientious a one as ever resided in this community, and no fair minded person can throw any censure on the part he took to protect a defenceless woman from the assaults of a coward at great risk of his own life."

Simms charmed life continued and he would almost miraculously avoid the repeated threats and attempts on his life. On Sunday evening, August 1st after the Fashion Theatre closed and the usual bustling audience had pushed out into the street, Simms made a startling discovery, he found "that his coat had been cut with a knife and that the blade of the knife had struck the handle of his pistol, making a plain indentation in the handle…" At first he kept the attempt to kill him secret and for three or four days he quietly made inquiries, however, he never did learn who among the crowd had tried to stab him.

On March 3, 1886 at 2:15 a.m. the building that housed the infamous Vaudeville Theatre burned down. It was believed the fire started in the Elite Restaurant or perhaps in the barber shop back of it. The building and the businesses within were a total loss. The same day the fire occurred the Express stated, "... Thus perished the walls that once resounded to the husky songs of threadbare divas, the guffaws of cowboys out for an evening, the rattle of dice, and the roar of gunfire."

The partnership of Max Samuels and Billy Simms was also destined to come to an end. In April 1886 they went their separate ways with Samuel remaining as both the sole proprietor and general manager of the Fashion Theatre. Billy Simms then took an extended vacation and two months later on June 17 Simms returned home to San Antonio from a long trip in the north. He informed an Express reporter that he proposed to open a new variety theatre as soon as possible.

In partnership with W. A. Lamb, Simms officially opened the Pickwick Saloon and Restaurant at 302 South Flores Street on the evening of July 3rd offering "a free plate and glass" for all attendees. The Pickwick sported a bar, private lunch rooms, yard and galleries and at least one newspaper described the opening as a "great event" and Simms was given credit for having the ability "of pleasing the public."

The Pickwick was open for less than a week before J. H. Franklin, while drunk, entered the bar and called Simms out yelling: "You are the man who killed King Fisher, who was my friend and I am going to kill you". Simms retorted that he wanted no trouble and quickly called for an officer, who moved to arrest Franklin. After a brief fight Franklin was subdued and dragged off to the County Jail. The next day Franklin was apologetic claiming he had too much to drink and couldn’t even remember he had engaged in a row. The judge released Franklin after accessing a $25.00 fine.

Just six weeks after opening the Pickwick, Simms travelled to Galveston as a and became embroiled in another fatal affair. On the afternoon of August 13th he fell in with a prominent gambling hall owner there by the name of James Odell. While out on a spree Odell and Simms stopped at the gambling room above the Two Brothers Saloon at about 4:30 in the afternoon. Charles Quinlan was in charge of running the games there and he was a long-time rival of James Odell. About five months earlier during an argument the two men had pulled revolvers on each other but friends intervened and no shots were fired. Odell started to play faro and when the game turned against him he attempted to cheat and was spotted. Angry he headed back down the stairs to the barroom with Simms right behind him. In the barroom Odell put his arm around Charles Quinlan and began to drag him to the bar insisting he must drink with him. Quinlan pushed Odell off and raised his one arm to strike as the other gripped Odell by the throat. It was here that Simms jumped in, later claiming his actions were only intended to prevent further violence, he pulled out a pistol and struck Quinlan on the head with it. Quinlan staggered away in retreat as Odell reached behind his back and pulled out a .44 calibre revolver. He then pumped two bullets into Quinlan’s back as he tried to flee. Following Quinlan out the door he caught up to him after a chase of about twenty yards, Odell stood over the fallen Quinlan and fired a third shot into the dying man. Before he could fire again a police officer wrenched the pistol away and placed him under arrest as Simms quietly disappeared from the scene.

Charles Quinlan died while being conveyed to his home and before he could receive medical attention. Initial statements from witnesses were conflicting but one claimed Simms had fired the first shot, and it was acknowledged that Quinlan was a close friend of Ben Thompson.

Four days later at the subsequent inquest two witnesses testified that Quinlan pulled a dirk knife but The San Antonio Express wrote: "The theory that … [the victim, Charles Quinlan] was armed at the time of the melee is universally discredited".

The investigation revealed that Simms revolver had not been fired and at least two witnesses stated he had attempted to jump in between Odell and Quinlan. James Odell was indicted for murder and was committed to jail while Billy Simms, charged that he "aided and abetted" Odell’s actions was released after posting bail. The court asked Simms about his financial situation and after stating his net worth was somewhere between $15,000 to $20,000, the judge set his bond at $5,000. Before he was allowed to return to his home in San Antonio Simms was also fined $100.00 for carrying a pistol.

Upon his arrival back in San Antonio, Billy Simms once again used a newspaper reporter to get his story out and help win public approval for his actions. When the Express Reporter called on Billy Simms he found Simms counting a thick roll of greenbacks and he turned to the reporter and said

"Well, you see I am not busted yet, even if I have been to Galveston." While he refused to give a detailed account of events he did state he was surprised to held on such a large bond:

"I did not expect to be held at all. So confidant was I that I did not put a single witness on the stand. I will have some, though, and good men, on the date of the trial. The row was entirely between Quinlan and Odell, and both had been drinking, the former quite freely. I acted only as a peacemaker in the affair, and thought I was preventing Quinlan from hurting Odell. I did not know that Odell had a pistol, or I would have interfered with the one as quick as the other. I drew my pistol, but did not shoot, neither did I strike Quinlan over the head with it as has been published. I tell you in all sincerity that if I used my pistol in any manner whatever, except to draw it in the hope of preventing a row, I hope I may forever rot in a Galveston jail. …All the talk about me killing Quinlan, because he was a friend of Ben Thompson, is the purest bosh…I have no fears whatever for the ultimate result. I am sure I will be acquitted on the final trial."

Billy Simms engaged the noted criminal attorney Major T. T. Teel (who previously served as John King Fisher’s lawyer) as his legal counsel and on November 11th, they both went to Galveston to "look after [Simms] case". This would be just one of many such ensuing trips to Galveston and the legal manoeuvering would drag on for many months to come.

The partnership between W. A. Lamb and Simms concerning the Pickwick Saloon and Restaurant was dissolved by mutual consent when Simms returned from Galveston. It was agreed that Billy Simms would remain in control of the Pickwick.

Lawyers for Simms and Odell repeatedly claimed they were unable to move to trial and the court granted the defence continuances in January, March, May and July of 1887. Finally on November 15th the court ordered a special venire of sixty of jurors to be drawn to decide the fate of James Odell and William Simms. The defence finally agreed they were ready and the prosecution prepared to go to trial seven days later.

The first day was consumed in selecting a jury. Going to the limit of their peremptory challenges, both the defence and prosecution exhausted 132 possible jurors before settling on twelve men. District Attorney Oliver then announced the case against Simms was dropped since the evidence against him failed to connect him in acting in concert with James Odell in the killing of Quinlan. Proceeding against James Odell the prosecution insisted Charles Quinlan was without a weapon when he died. Odell’s attorneys brought forth witnesses who saw a knife on the floor near where Quinlan fell. It was discovered after his body was removed and Quinlan’s blood was being cleaned up. This was enough for the jury and they returned a verdict of not guilty and Odell was released from custody.

During the last week of July 1889 Billy Simms again returned to Austin. His reason for the trip back to his boyhood home was to attended his mother’s funeral. On July 31, Bridgett Simms was interred in the family plot in Oakwood Cemetery. She was laid to rest next to her three children who had preceded her in death. Billy’s father continued to live in Austin and he worked as a night watchman at the state capitol building.

The 1889-90 San Antonio City Directory indicates that Billy Simms was residing at 522 Buena Vista. The directory, however, did not state the profession or business he was currently involved in. Perhaps it was only a coincidence but Jacob Coy was now a neighbour of Simms, living just down the street at 510 Buena Vista. Coy was still working as a policeman even though the old wound he received during the Vaudeville affray had partially crippled him. At least one subsequent western historian has stated that Billy Simms helped to financially support Jacob Coy until Coy’s death almost twenty years after the bloodbath at the Vaudeville Theatre.

In 1892 Simms entered into a partnership with Richard Tommins and Samuel Berliner. Together they opened the Crystal Saloon at 407 W. Commerce Street. Berliner was another experienced barman having been part owner of the Revolving Light Saloon which was located on the east side of Main Plaza. In a very short time the partnership succeeded in building up such a huge business that the Crystal Saloon became one of the most widely known bar rooms in Texas. Three years later Simms, Tommins and Berliner joined together with Dan Breen to open a gambling hall named the Crystal Turf Exchange. The Turf Exchange soon became as successful as the Crystal Saloon.

At the age of seventy-two, Billy’s father died just prior to Christmas Day 1895. The short obituary announcement that appeared in the December 25 issue of the Austin Statesman indicates how well thought of James Simms was. The Statesman called him "Uncle Jimmy" and reported that "a large cortege of friends, including all the fire boys were in attendance" at his funeral service. He was laid to rest next to his wife Bridgett. His life was quickly but caringly summed up by the Statesman... "Uncle Jimmy is one of the old timers of Austin, and was well and popularly known by everyone."

Sometime during this period in his life Billy Simms finally found the woman he wanted to marry. She was sixteen years younger than he. In August 1896 twenty-four year old Lydia Simms gave birth to a baby boy. Billy and Lydia named their son William H. Simms Jr. and they lovingly called him "Willie." For five years Simms' home life and business ventures flourished and prospered. He became a well respected man in San Antonio and an active member of several prominent Masonic organizations such as the Improved Order of Redmen and the Eagles. Simms continued to visit Chicago and he became a life member of the Chicago Lodge of the Elks Club. Counted among his many friends in the Windy City was W. A. Pinkerton, head of the Pinkerton Detective Agency. It would appear that Pinkerton courted Simms friendship since his prominence among San Antonio’s sporting crowd conveniently placed him in a favourable position to pass on information and tips about any wanted persons seeking safety or pleasure in the Alamo city’s saloons, gambling dens and brothels.

Entering into the new century, Billy Simms had been able to be both successful in his work and happy in his home life. However, the most important part of his life was about to be torn from him. On Friday, September 13, 1901, which coincidentally was his wife’s twenty-ninth birthday, little five year old Willie Simms died. Billy and Lydia had the marble cutter inscribe the following sentiment on their son’s headstone:

"Sacred to the Memory of Our Little Willie ... An Angel to[o] precious for earth."

The grieving parents would never have another child.

The success of the Crystal Saloon and the Turf Exchange had made Billy Simms and his partners very wealthy men. Simms wisely invested his share of the profits in both commercial and residential real estate. His total net worth was estimated to be more than $200,000 and his ownership of commercial buildings in San Antonio was the most substantial portion of his wealth. Four of his properties were on the city’s Main Plaza, close to where Jack Harris’ infamous Vaudeville Theatre stood and where his career in the Alamo city had started so many years ago. Billy Simms' wealth allowed him to travel extensively and with his wife Lydia by his side he took the grand tour of Europe. His was also very generous with sharing his good fortunes and he made large contributions to various charities. It was later reported that when he drew upon his bank account few knew of his philanthropy.

By 1907 Simms' new business passion was the International Fair held every fall in San Antonio. He invested heavily in the stock of the fair association and began to actively promote it. After more than thirty years, Billy Simms had finally tired of the saloon and gambling business. He sold out his portion of the Crystal Saloon and the Turf Exchange in early 1908.

On Tuesday January 5, 1909, Billy Simms was unanimously chosen as the president of the International Fair Association. His name was placed in nomination by V. P. Brown who said : "The fair needed an active energetic man as president who had time to devote to its interests." The nomination of Simms was quickly seconded and he "was elected by acclamation." The newly elected president stepped forward and made a brief speech which was paraphrased in the next edition of the Light. Simms "declared that the fair can be made bigger and better than ever and all that was necessary is to secure the full cooperation of the people of San Antonio." Simms also stated that, "Fully $15,000 is needed to place the association on a basis which will insure success for the coming fair...He said he would call a meeting of the shareholders within a few days to consider such a plan." The next directors' meeting was scheduled for the following Wednesday; however, Simms was destined to never attend this meeting.

For several days Billy Simms complained of being slightly ill but no serious thought of his complaint was given by physicians or even by himself. He ignored the illness and continued to attend to his affairs. Finally, on Saturday night January 9, Simms was admitted to Santa Rosa Hospital. The attending physicians diagnosed that he was suffering from an appendicitis attack and recommended immediate surgery. At 2 a.m. Sunday morning a desperate attempt to save Billy Simms' life began and initially the doctors believed he would survive the operation. The doctors were mistaken and his malady had progressed so quickly no hope was given for his recovery. At 3:15 a.m. he died. In a little more than a month he would have celebrated his fifty-third birthday. Holding vigil at his bedside were his wife Lydia and his old friends and business partners Dan Breen, Will Ford and Sam Berliner.

Billy Simms' funeral took place the same day he died. The services were held at the Simms home at 112 Aubrey Street. Scores of people attended, most of them were his brother members of the Elks, Eagles and Improved Order of Redmen. Mr. R. U. Tompkins, the Great Sachem of the Redmen Order, delivered Simms' eulogy. One of the longest funeral processions ever seen in San Antonio at that time followed Simms' casket down Commerce Avenue to the Improved Order of Redmen Cemetery where he was laid to rest next to his son.

For the next several days, the two prominent newspapers of San Antonio, the Light and Express, published extensive obituaries depicting the eventful life Billy Simms had led. He was described as "loyal to his friends and steadfast in any purpose he essayed...A man of great physical courage... he came to be known as a man cool and collected in time of danger, unflinching and dangerous to seek to impose upon." Curiously, these were the same qualities the Texas newspapers had attributed to his old nemesis Ben Thompson. The Light and Express both published romanticized versions of the dramatic role Simms had played during the Vaudeville tragedy twenty-five years before. The Austin Statesman only took a passing notice of his death and did not use this opportunity to again accuse Simms of any wrongdoing the night Ben Thompson and John King Fisher made their fatal visit to San Antonio.

It is not really surprising that Billy Simms’ sudden demise came not while laying in a pool of his own blood on a dirty saloon floor but rather in a hospital bed surrounded by his wife and friends. His survival from a violent end was indeed remarkable but it was in a large part due to his steadfast avoidance of being labelled a "desperado"- the very label the Texas newspapers claimed Ben Thompson so enjoyed. For decades Simms lived the life of a sporting man and the real story of his life is that somehow he managed to achieve respectability. A respectability Ben Thompson also wanted to achieve but never attained when he gave in to his passions and resorted to his lifelong habit of settling a personal difficulty with his ever present pistol. After so many years of adventurous living, Thompson was very close to finally being recognized as a respected and valued citizen. He had twice been elected Austin’s city marshal and was credited with having done a excellent job of upholding the law. The Austin Statesman reported him as a strong candidate for the office of Travis county sheriff shortly before he killed Jack Harris and forever after fell out of the public’s grace.

Billy Simms succeeded where Thompson failed because he eventually became what he pretended for years to be. The public’s memory of the men he shot and his many years of gambling and hard drinking was washed away as he was able to transform his image and became known as a respectable and fine upstanding member of society. He died with a reporter for the Express penning these final words of praise.

"Big of heart, clean of soul, a lover of fair play, and a ...strong disciple of civic progress, the man’s death ... marked an irreparable loss and the niche filled by him will go long unfilled."

Copyright ©Tom Bicknell, 2004