Vaudeville Theater Ambush
Encyclopedia
The Vaudeville Theater Ambush, on March 11, 1884, was an ambush
conducted against the lawmen
Ben Thompson
and King Fisher
, carried out by enemies of Thompson. It took place at the Vaudeville Variety Theater in San Antonio, Texas
.
for the city of Austin, Texas
, a job in which he had been extremely successful, and for which he was extremely popular in Austin. Thompson had only recently left that job, resigning after being cleared on the Harris shooting. King Fisher, a noted gunman in his own right with several killings to his credit also, was a good friend to Thompson, and by 1884 Fisher had settled into a more peaceful life with his family near Leakey, Texas
, where he had become a successful rancher. Fisher had recently left the office of sheriff
for Uvalde County, Texas
, and on March 11, 1884, was in San Antonio on business.
Theater owner Jack Harris had been the leader of San Antonio's "sporting crowd". Originally from Ireland
, Harris emigrated to Connecticut
, then moved from there to Texas
. He had previously worked for the San Antonio Police Department, and had served during the Civil War
in the Confederate Army. After the Civil War, Harris may have served Emperor Maximilian
during the Franco-Mexican War
, but although it has been claimed, that was never confirmed. In 1868 Harris rejoined the police force, and bought a small saloon with a partner, selling his portion in 1872. With his profits he opened his own saloon, first calling it the Jack Harris Bar and Billiard Room, but then changing the name to the Vaudeville Variety Theater. It quickly became the most popular place in San Antonio.
Harris knew gunman Ben Thompson from their service in the army. In 1880, Thompson spent some time at the Vaudeville, gambling heavily alongside Harris' partner, Joe Foster, and with Thompson losing. Thompson left in what was referred to as a "bad mood", and although it was reported he made threats, that has never been substantiated. Thompson returned to Austin, where in addition to being Chief of Police, he owned the Iron Front Saloon. Harris and Foster sent word to Thompson that he was no longer welcome in their establishment. Had Harris simply told Thompson that, rather than vocally expressing that Thompson was not welcome in his business in public, the matter would have likely stopped there. However, upon receiving word that Harris was telling many people that he told Thompson he wasn't welcome and he wasn't to return, Thompson simply returned on July 11, 1882. Vaudeville Variety Theater manager Billy Simms met Thompson on the street, and tried to persuade him to avoid the Vaudeville, but was unsuccessful. Thompson entered, and approached the bartender
, and told him to pass word to both Foster and Harris that he intended to "close this damn whorehouse". Although it can be taken different ways, he likely meant that he intended to stay all night there, rather than meaning it literally.
Thompson had a drink with jeweler Leon Rouvant, then departed. Meanwhile, Billy Simms went upstairs and put on his guns and warned Harris, who then went and obtained a shotgun
, after which he placed himself behind a screen in view of the front door, where he waited for Thompson for at least ten minutes. This would be the second mistake Harris would make in the matter. Thompson had gone outside, visiting with people on the street that he knew. Thompson returned, not actually entering but rather standing just outside the doorway, and saw Harris with the shotgun, but at first said nothing. After a few minutes, with Harris still watching Thompson, the latter finally said "What are you going to do with that shotgun you damned son of a bitch", to which Harris replied "You kiss my ass you son of a bitch". Within seconds, two shots rang out. At least one witness would later state that after the verbal exchange, it was one or two minutes later that the shots were fired, but in fact is was only a matter of a couple of seconds at the most. According to some witnesses, Thompson had seen Harris, but did not initially enter the saloon. Instead, he waited, watched, allowed two ladies to enter by holding the doors for them, then passed the before mentioned verbal exchange, after which the two shots were fired almost immediately.
Harris staggered, having not discharged his shotgun, made it upstairs, then collapsed. A doctor
was summoned, to which Harris is alleged to have said "He took advantage of me and shot me from the dark". However, this in fact was not exactly true. Although Harris never fired, he was armed openly, and the area was lighted, Thompson was in fact standing just outside of the doorway, which was darkened, but Harris' stance of producing and brandishing the shotgun placed Harris at a distinct disadvantage, as it was an easy case for self defense on the part of Thompson. Further, although Thompson was standing in a more darkened area than Harris, there was nothing to suggest it was a planned point from which to fire, it simply was, in fact, where he happened to be standing. Thompson returned to his hotel
room at the Menger Hotel, where he remained the rest of the night without being approached by police. The following morning he surrendered himself to Bexar County, Texas
Sheriff Thomas P. McCall and San Antonio Police Chief Shardien.
A written battle of words began between two newspaper
s, the San Antonio Light and the Austin Statesman, one screaming for justice against Thompson, the other defending him. Newspapers from across the state editorialized and followed suit, some pro-Thompson, others con. Many citizens in San Antonio felt the town was better off without Harris, while others denounced Thompson as a murderer. An indictment was handed down on September 6, 1882, and although a change of venue
was considered, by that time sentiment was leaning in Thompson's favor, so the case was tried in San Antonio. In the subsequent trial
that followed, Thompson was acquitted on January 30, 1883. This caused ill will from many of the citizens of San Antonio, especially those who were close friends to Harris. Friends to Thompson cheered outside the courtroom
when the verdict was announced, and upon his return to Austin he was met by a large crowd of supporters.
over that killing had been brewing since between Thompson and friends of Harris, to include Joe Foster. King Fisher would, ironically, become a victim in a situation in which he played no part whatsoever, short of being present on that day.
Fisher and Thompson attended a play on March 11 at the Turner Hall Opera House, and later, at around 10:30pm, they went to the Vaudeville Variety Theater. A local lawman named Jacob Coy sat with them. Thompson wanted to see Joe Foster, the theater owner and friend of Harris's who was now partnered with Billy Simms, and who was one of the main people fueling the ongoing feud. Thompson had already spoken to Billy Simms, with whom he'd had a cordial and almost friendly conversation. http://ddfa.org/kingfisher.html
Despite the feud and the general dislike for Thompson felt by many in San Antonio, both he and Fisher were feared men. Their reputations as gunmen, and their having proven their skills in that trade in many documented events made anyone wishing to face them have second thoughts. It is likely that this was what led to Thompson's enemies deciding on an ambush rather than an armed face to face confrontation.
Fisher and Thompson were directed upstairs to meet with Foster. Coy and Simms soon joined them in the theater box. Foster refused to speak with Thompson. Fisher allegedly noticed that something was not right. Simms and Coy stepped aside, and as they did Fisher and Thompson leapt to their feet just as a volley of gunfire erupted from another theater box, with a hail of bullets hitting both Thompson and Fisher. Thompson fell onto his side, and either Coy or Foster ran up to him and shot him in the head with a pistol. Thompson returned fire with two shots, dying almost immediately afterward. Fisher was shot thirteen times, and did fire one round in retaliation, possibly wounding Coy, but that is not confirmed, as Coy may have been shot by one of the attackers. Coy was left crippled for life, and never recovered completely. http://ddfa.org/kingfisher.html
Foster, in attempting to draw his own pistol at the first of the fight, shot himself in the leg. Foster was carried down the street for medical attention, and his leg was amputated, but he died of blood loss during the operation. The exact description of the events of that night are contradictory, as it was totally dependent on anti-Thompson witnesses, or the attackers themselves. At first, the attackers attempted to claim that Thompson and Foster had argued, and that Thompson had drawn his gun on Foster prompting Foster to draw, which resulted in an open gunbattle. That, however, was disproven over time. What is certain is that the two gunmen were ambushed with no prior knowledge of the attack, which put aside any self defense claims by the defendants. However, to be defendants, there first would have to be a trial.
There was a public out cry for a grand jury
indictment
of those involved, not only from Austin and other parts of Texas, but from many inside San Antonio, who felt the ambush was cowardly. However, no action was ever taken. The San Antonio Police and the prosecutor
showed little interest in the case, and eventually it simply went away. Fisher was buried on his ranch. His body was later moved to the Pioneer Cemetery in Uvalde, Texas
. Thompson's body was returned to Austin, and his funeral was one of the largest in Austin's history at that time. Thompson was buried at the Oakwood Cemetery
in Austin.
Ambush
An ambush is a long-established military tactic, in which the aggressors take advantage of concealment and the element of surprise to attack an unsuspecting enemy from concealed positions, such as among dense underbrush or behind hilltops...
conducted against the lawmen
Police officer
A police officer is a warranted employee of a police force...
Ben Thompson
Ben Thompson
Ben Thompson was a gunman, gambler, and sometime lawman of the Old West. He was a contemporary of Wyatt Earp, Buffalo Bill Cody, Doc Holliday, John Wesley Hardin and James Butler "Wild Bill" Hickock, some of whom considered him a trusted friend, others an enemy.Ben Thompson had a colorful career,...
and King Fisher
King Fisher
King Fisher was a gunslinger of the American Old West.- Early life :John King Fisher was born in Collin County, Texas, to Jobe Fisher and Lucinda Warren Fisher. He had two brothers, Jasper and James, and his mother died when he was two years old. His father then remarried to a woman named Minerva...
, carried out by enemies of Thompson. It took place at the Vaudeville Variety Theater in San Antonio, Texas
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
.
Background
King Fisher and Ben Thompson were both noted gunmen of the Old West. Thompson had several killings to his credit by 1884, which included the 1882 killing of a popular theater owner named Jack Harris, in San Antonio. That shooting had been ruled self defense. Thompson had been appointed Chief of PoliceChief of police
A Chief of Police is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Commissioner, Superintendent, and Chief constable...
for the city of Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, a job in which he had been extremely successful, and for which he was extremely popular in Austin. Thompson had only recently left that job, resigning after being cleared on the Harris shooting. King Fisher, a noted gunman in his own right with several killings to his credit also, was a good friend to Thompson, and by 1884 Fisher had settled into a more peaceful life with his family near Leakey, Texas
Leakey, Texas
Leakey is a city in and the county seat of Real County, Texas, United States. The population was 387 at the 2000 census. A U.S. Census Bureau estimate of July 1, 2008, placed the population at 359....
, where he had become a successful rancher. Fisher had recently left the office of sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
for Uvalde County, Texas
Uvalde County, Texas
Uvalde County is a county located in the U.S. state of Texas. In 2000, its population was 25,926. Its county seat is Uvalde. The county is named for Juan de Ugalde, the Spanish governor of Coahuila. Uvalde County was founded by Reading Wood Black who also founded the city of Uvalde,...
, and on March 11, 1884, was in San Antonio on business.
Theater owner Jack Harris had been the leader of San Antonio's "sporting crowd". Originally from Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, Harris emigrated to Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, then moved from there to Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. He had previously worked for the San Antonio Police Department, and had served during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
in the Confederate Army. After the Civil War, Harris may have served Emperor Maximilian
Maximilian I of Mexico
Maximilian I was the only monarch of the Second Mexican Empire.After a distinguished career in the Austrian Navy, he was proclaimed Emperor of Mexico on April 10, 1864, with the backing of Napoleon III of France and a group of Mexican monarchists who sought to revive the Mexican monarchy...
during the Franco-Mexican War
French intervention in Mexico
The French intervention in Mexico , also known as The Maximilian Affair, War of the French Intervention, and The Franco-Mexican War, was an invasion of Mexico by an expeditionary force sent by the Second French Empire, supported in the beginning by the United Kingdom and the Kingdom of Spain...
, but although it has been claimed, that was never confirmed. In 1868 Harris rejoined the police force, and bought a small saloon with a partner, selling his portion in 1872. With his profits he opened his own saloon, first calling it the Jack Harris Bar and Billiard Room, but then changing the name to the Vaudeville Variety Theater. It quickly became the most popular place in San Antonio.
Harris knew gunman Ben Thompson from their service in the army. In 1880, Thompson spent some time at the Vaudeville, gambling heavily alongside Harris' partner, Joe Foster, and with Thompson losing. Thompson left in what was referred to as a "bad mood", and although it was reported he made threats, that has never been substantiated. Thompson returned to Austin, where in addition to being Chief of Police, he owned the Iron Front Saloon. Harris and Foster sent word to Thompson that he was no longer welcome in their establishment. Had Harris simply told Thompson that, rather than vocally expressing that Thompson was not welcome in his business in public, the matter would have likely stopped there. However, upon receiving word that Harris was telling many people that he told Thompson he wasn't welcome and he wasn't to return, Thompson simply returned on July 11, 1882. Vaudeville Variety Theater manager Billy Simms met Thompson on the street, and tried to persuade him to avoid the Vaudeville, but was unsuccessful. Thompson entered, and approached the bartender
Bartender
A bartender is a person who serves beverages behind a counter in a bar, pub, tavern, or similar establishment. A bartender, in short, "tends the bar". The term barkeeper may carry a connotation of being the bar's owner...
, and told him to pass word to both Foster and Harris that he intended to "close this damn whorehouse". Although it can be taken different ways, he likely meant that he intended to stay all night there, rather than meaning it literally.
Thompson had a drink with jeweler Leon Rouvant, then departed. Meanwhile, Billy Simms went upstairs and put on his guns and warned Harris, who then went and obtained a shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
, after which he placed himself behind a screen in view of the front door, where he waited for Thompson for at least ten minutes. This would be the second mistake Harris would make in the matter. Thompson had gone outside, visiting with people on the street that he knew. Thompson returned, not actually entering but rather standing just outside the doorway, and saw Harris with the shotgun, but at first said nothing. After a few minutes, with Harris still watching Thompson, the latter finally said "What are you going to do with that shotgun you damned son of a bitch", to which Harris replied "You kiss my ass you son of a bitch". Within seconds, two shots rang out. At least one witness would later state that after the verbal exchange, it was one or two minutes later that the shots were fired, but in fact is was only a matter of a couple of seconds at the most. According to some witnesses, Thompson had seen Harris, but did not initially enter the saloon. Instead, he waited, watched, allowed two ladies to enter by holding the doors for them, then passed the before mentioned verbal exchange, after which the two shots were fired almost immediately.
Harris staggered, having not discharged his shotgun, made it upstairs, then collapsed. A doctor
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
was summoned, to which Harris is alleged to have said "He took advantage of me and shot me from the dark". However, this in fact was not exactly true. Although Harris never fired, he was armed openly, and the area was lighted, Thompson was in fact standing just outside of the doorway, which was darkened, but Harris' stance of producing and brandishing the shotgun placed Harris at a distinct disadvantage, as it was an easy case for self defense on the part of Thompson. Further, although Thompson was standing in a more darkened area than Harris, there was nothing to suggest it was a planned point from which to fire, it simply was, in fact, where he happened to be standing. Thompson returned to his hotel
Hotel
A hotel is an establishment that provides paid lodging on a short-term basis. The provision of basic accommodation, in times past, consisting only of a room with a bed, a cupboard, a small table and a washstand has largely been replaced by rooms with modern facilities, including en-suite bathrooms...
room at the Menger Hotel, where he remained the rest of the night without being approached by police. The following morning he surrendered himself to Bexar County, Texas
Bexar County, Texas
As of the census of 2000, there were 1,392,931 people, 488,942 households, and 345,681 families residing in the county. The population density was 1,117 people per square mile . There were 521,359 housing units at an average density of 418 per square mile...
Sheriff Thomas P. McCall and San Antonio Police Chief Shardien.
A written battle of words began between two newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s, the San Antonio Light and the Austin Statesman, one screaming for justice against Thompson, the other defending him. Newspapers from across the state editorialized and followed suit, some pro-Thompson, others con. Many citizens in San Antonio felt the town was better off without Harris, while others denounced Thompson as a murderer. An indictment was handed down on September 6, 1882, and although a change of venue
Change of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
was considered, by that time sentiment was leaning in Thompson's favor, so the case was tried in San Antonio. In the subsequent trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
that followed, Thompson was acquitted on January 30, 1883. This caused ill will from many of the citizens of San Antonio, especially those who were close friends to Harris. Friends to Thompson cheered outside the courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...
when the verdict was announced, and upon his return to Austin he was met by a large crowd of supporters.
Ambush
On March 11, 1884, while in San Antonio on business, Fisher came into contact with his old friend Ben Thompson, also visiting town on business. Thompson was still very unpopular in San Antonio among some, since the Harris killing. A feudFeud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, or private war, is a long-running argument or fight between parties—often groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted or wronged by another...
over that killing had been brewing since between Thompson and friends of Harris, to include Joe Foster. King Fisher would, ironically, become a victim in a situation in which he played no part whatsoever, short of being present on that day.
Fisher and Thompson attended a play on March 11 at the Turner Hall Opera House, and later, at around 10:30pm, they went to the Vaudeville Variety Theater. A local lawman named Jacob Coy sat with them. Thompson wanted to see Joe Foster, the theater owner and friend of Harris's who was now partnered with Billy Simms, and who was one of the main people fueling the ongoing feud. Thompson had already spoken to Billy Simms, with whom he'd had a cordial and almost friendly conversation. http://ddfa.org/kingfisher.html
Despite the feud and the general dislike for Thompson felt by many in San Antonio, both he and Fisher were feared men. Their reputations as gunmen, and their having proven their skills in that trade in many documented events made anyone wishing to face them have second thoughts. It is likely that this was what led to Thompson's enemies deciding on an ambush rather than an armed face to face confrontation.
Fisher and Thompson were directed upstairs to meet with Foster. Coy and Simms soon joined them in the theater box. Foster refused to speak with Thompson. Fisher allegedly noticed that something was not right. Simms and Coy stepped aside, and as they did Fisher and Thompson leapt to their feet just as a volley of gunfire erupted from another theater box, with a hail of bullets hitting both Thompson and Fisher. Thompson fell onto his side, and either Coy or Foster ran up to him and shot him in the head with a pistol. Thompson returned fire with two shots, dying almost immediately afterward. Fisher was shot thirteen times, and did fire one round in retaliation, possibly wounding Coy, but that is not confirmed, as Coy may have been shot by one of the attackers. Coy was left crippled for life, and never recovered completely. http://ddfa.org/kingfisher.html
Foster, in attempting to draw his own pistol at the first of the fight, shot himself in the leg. Foster was carried down the street for medical attention, and his leg was amputated, but he died of blood loss during the operation. The exact description of the events of that night are contradictory, as it was totally dependent on anti-Thompson witnesses, or the attackers themselves. At first, the attackers attempted to claim that Thompson and Foster had argued, and that Thompson had drawn his gun on Foster prompting Foster to draw, which resulted in an open gunbattle. That, however, was disproven over time. What is certain is that the two gunmen were ambushed with no prior knowledge of the attack, which put aside any self defense claims by the defendants. However, to be defendants, there first would have to be a trial.
There was a public out cry for a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
of those involved, not only from Austin and other parts of Texas, but from many inside San Antonio, who felt the ambush was cowardly. However, no action was ever taken. The San Antonio Police and the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
showed little interest in the case, and eventually it simply went away. Fisher was buried on his ranch. His body was later moved to the Pioneer Cemetery in Uvalde, Texas
Uvalde, Texas
Uvalde is a city in and the county seat of Uvalde County, Texas, United States. The population was 14,929 at the 2000 census.Uvalde was founded by Reading Wood Black in 1853 as the town of Encina. In 1856, when the county was organized, the town was renamed Uvalde for Spanish governor Juan de...
. Thompson's body was returned to Austin, and his funeral was one of the largest in Austin's history at that time. Thompson was buried at the Oakwood Cemetery
Oakwood Cemetery (Austin, TX)
Oakwood Cemetery, originally called City Cemetery, is the oldest city-owned cemetery in Austin, Texas. Situated on a hill just east of I-35 that overlooks downtown Austin, just north of the Swedish Hill Historic District and south of Disch-Falk Field, the once-isolated site is now in the center of...
in Austin.