Vaudeville Theater Ambush - Background

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 Police 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 newspapers, 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.