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STATE’S CASE INALL EVIDENCE AGAINST JAMBS HAS BEEN INTRODUCED.DEFENSE BEGINS TO-MORROWV. J. SMITH POSITIVELY IDENTIFIES JESSE AS LEADER.Cuftiisr Lowt'i Starr fortolMirsIed In Mur Important liirllt;nl(r-HarbiDBh Dark Sat Expect Conviction, but Clxiu n Straus Cue.After bavins made the beet case against Jesse James that was In their power, the pro»riulng attorney anti his assistants have rested on ill el r oars. They have played their leading card*.I do not thinlc that we will stir-reed In convicting Jeeee James, said Harbaugh la it night, “We did our beat and 1 do not admit that we have done all that we Intend to do. I am glad we made as good a cnae as we did, (or it was (or the purpose ot proving to the public that we had reason for accusing Jesoe James that we brought this ease to trial. I am glad that we have been able to prove that we had cause (or arresting Jesse. We have been vary much handicapped by the adverse rulings of Judge Shackleford. Ho has n*t permitted us to Introduce evidence which will show the existence of a conspiracyProrecutor Reed played his trump card yesterday when he placed William J. Smith on the stand. This witness was expected to supply the missing link In the testimony by sweating that Jesse James Is the man who was the leader of the robber*. Be did make the positive statement that he knew Jesse was the leader of the brhdits, but bis evidence did not make ns much of a sensation as was expected. He la the only witness who IS positive in bis statement that the man who wore the long coat at the holdup wan Jesse James.When the prosecuting attorney called oat Btnlth's name there w»» an eager craning of necks In a frantic attempt to bear every word that was aald. Smith is a middle aged man. very dark arid medium In eta lure. He appears lo las laborer and claims Stokasville, Ho., t feta home.Another witness that was expected to be a great aid for the prosecution was E. P. Beaton, the wen known builder. Mr. Sexton was out driving with his wife on tba night of the robbery and taw several men in two buggies that were standing near a clump of trees Just south of Jesse’s house. Mr. Sexton was expected to positively identify Jesse as one of the men who were In tbo buggies, hut he said ha did not see any of the men so aa lo distinguish thetr face*. The witness knows Jesse James when he sees him.It Was a surprise to the defense when Mr. Retd announced at 1 JO o’clock yesterday afternoon that the state would rest Its case. The greater pert ot the day waj consumed in examining unimportant wit-Hie defense will have Its Innings on. Monday. It will attempt to prove an «libl for Jecie and will also etatm that the police have conspired agulnrt him and that they have bused their entire ease on the confession of Lowe. They will claim that It would be possible to have roads an agreement with all tba witnesses to boor out tbaIng, He described the man who came for the rig.When did the detectives go out to your irn? Mr. Walsh asked.-Just after the robbery,Whowere they?Keshlear and Lowe, and someone else. They asked me whether Jesse James got the rig or not. Yes. I know Detective Harbaugh, and saw him several times. He came out to see me- 1 remember dLilnriiy that the detectives asked me whether Jesse James got the rig or not. This was after Lowe’s confession.”William Self, an uncle of W. R. Self, said that he had seen a heavy, well built man come to the ham at about 7:30 o'clock, and the man got a high aplrlted hors*.L. D. Woods testified that be worked at Selfs livery bam, and that man called for a horse at the barn. He was given a. horse and buggy. At about U o’clock that night the horse returned without a driver. The horse bed the appearance of having been driven very hard.The laprobe which was found ■ waa produced. and the wUneas testified It was the one that he gave to the man who called far the horse.I found a gun scabbard and a cartridge tn the buggy, said the witness.On cross-examination the witness repeated the statements that he had made during the direct examination.Albert Shilling, the secretary of the Missouri Valley Bridge Company, was called. Mr, Reed asked:Will you state whether several of your employes were working on a bridge nearof the bandits, and also pointed to Jesse James and said;That Is the man.”Notwithstanding this positive statement from Smith, bin testimony did not have the effect that waa expected. On cross-examination the witness became very much confused. However, he did not swerve from his original statement that the leader of e bandits was Jesse James.’Where were you on the night of September 3? Mr. Reed aaked.the Missouri Pacific train that was held up.”What waa the first thing you knew of y trouble?”1 was In the smoker. I looked out the window. Then I got up and went out and started forward. I met one of the robbers and he told me lo go back. I stepped up oc the step of the smoker.”Describe the man.Be bad on a long, dark coat that looked like a mackintosh. Be bad no mask, but had a black thing hanging around his neck.Did you get a good look at that man? Yes. 1 was as close to him as 1 am toyou.'Do you see that man in the court-om?’Yes; there be sits, pointing to Jesse James, who laughed.Were you In the smoking car?■Yea.Who asked you to come to this trial?” asked Mr. WoHh.Mr. Harbaugh. He visited me with another man,Who was the other man?”Leeds when Jesse James was out there Judge Shackleford interjected:That'a what you call bolstering up a witness. Don't do It again.The witness retired without further ex-Express Messenger Hills was recalled and waa asked by Mr. Reed whether he could Identify a revolver which he showed —Judge Shackleford will convene court at * O’clock Monday morning.Overalls Jaaper Ilcilllrd.The first witness called yesterday morning was Mis* Core Hollenbeck, who testified that she visited the scene of the robbery the morning after the holdup, and found two pairs of overall* and a'Jumper. The witness was asked to Identify them, which she did.Nellie Hollenbeck was called, and said that she visited the scene of the holdup with her sister, and noticed buggy tracks.William Wotox. who boards at the Hollenbecks'. said that be had heard the ex-plosion. About fifteen minutes later he .heard a horse and buggy pass, and some-* body who was In the vehicle said: Look put; that horse will fall.”A 10-year-old boy named Richard Hayden..... ‘ ' 1 Thlrty-: ..... ■lt;I the horse was going veryui.William Ackerman and Richard Sexton testified that they had heard horses pass coming toward the cliy, about II o'clockling t* Fnrrn stable whererobber* obtained thea horse and buggy at abouted up the asked to7:30 thatSENT FREE TO MEN.A Fro* Trial Package lest kg Mall te All Wke Write.Free trial packages of a most remarkable remedy are being mailed to all who will writs the Btat* Medical Institute. They cured so many men who had battled for yeara against Ibti mental and physical lost manhood that the instl-The witness said that all that he knew about the revolver was that It was a bright one. He was then dismissed and Judge Shackleford reprimanded Mr. Reedfor recalling Bills — *at resume Ex-Jmalice Kruger on the Stand.O. W. Krueger, who was Justice of the peace when Jesse James testified in Kandy's behalf, was asked;’Did you eee Jesse James and W. W. jwe tn conversation at your office?'Yes; I saw them talking frequently together. and they seemed quite friendly, Mr. Walsh asked several questions end the witness was dismissed.Jailer Lum Wilson testified that he kept a record of visitors at the county Jail.Mr. Reed asked:Did Jesse James ever visit the Jail?’ Here Mr. Wslsh objected and the court sustained him on the ground that such aWORLD RENOWNED BPECIALISTtuts has decided to distribute free trial packages to *11 who write. 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Any roan who write .win t* sent a free cample, carefully ecnled fa a plain package, so that 11* recipient Deed have no fesr or embarntWBrnt or pab-llrlty. Render* arc requested to writ*Jesse Talked With Byss and Lowe.Ed Collins, who Is employed In the county assessor's office, oald Hint he had seen Lowe and Jesus James talking together at the cigar stand In the court house.Did you «v*r see Andy Ryan talking with Jesse James?” asked Mr. Reed.Yes, frequently, replied the wltn 1 saw Ryan over there lour or five HmiUr. Walsh asked:“Isn’t that a public place?”Yea, many people stop there end talk with Jesse. It u a place where many people come.Dr. Gall Smith testified that he saw . James at Kennedy's trial. He wss a poor witness for the sute, an his answers ounce ruing his knowledge of the conversation between Jeesa and Lowe were far from sat-i*factory.Former County Marshal Murphy said that he had seen Jesse James In the assessor's office examining a map of Jackson county.Waa he examining the part of the map representing the neighborhood of Leeds?Judge Shackleford sustained an Objection of the defense, and Mr. Reed received another reprimand for asking questions which were misleading and suggestive. Mr. Walsh questioned the witness, who admitted that he had heard that Jesse took aThe witness admitted that he had been called to Mr. Reed's office and was introduced Lo Detective Harbaugh. This caused a laugh in the courtroom.Frank McNlney, the elevator boy In Lh* court house, testified that be had seen W. W. Lowe talking with Jesse James.If anyone would approach whil* Lows and Jesse were conversing they would stop talking, said the witness. ”1 saw Lowe talking to Jesse about * week before the trutn robbery. I saw Andy Ryan talking to Jease several times after Andy got out of jail.”Mr. Walsh asked the witness Don’t you know that Andy Ryan was not |n Jail toot summer?The witness was slightly embarramed, and said that he had been-told that Ryan had been In fall,Andy O’Hare, another one of the courtas Andy Ryan talking with Jesse at the cigar stand.You saw this man there?” asked Mr. Walsh, and Jesse told you that it was Andy Ryan?”Yes, answered the witness.David Oldham, deputy county collector, said that ha hud seen Ryan ar.d Lowe talking to Jesse at bis cigar stand.How 1---’ -----asked Mr.About ten years.He said he hud seen Lowe at the court house, but not often.or Jackson county, but for what purpose he did not kndw.Icstilled a* follows.I went lo the scene of the robbery the next morning and found a mask, which I handed lo Superintendent Moore.A mask was Introduced and was Identified by Grlflllh aa the one that he found.Frank Kelly, who formerly waa an elevator boy at the court home, said that he had seen Andy Ryan talking with Jesse at the court house.Mr. Walsh asked:Did you not say you had once held up a train?I tnld a fellow that I had held up _ train once, but I must have hud several hops In me. I was not arrested. I mu this remark th a Joking way.”E. P. Sexto* Saw Two Boggles.E. P. Sexton was the next witness. Ho testified that on the night of the Leeds robbery he wss oul driving with his wire on Thirty-fifth street, south of the Jami home.”1 saw two buggies standing on Thirty-fifth street near a clump ot trees. The men who were with the buggies seemed to he fixing something about the shafts or the harness. There were several men, the exact number I cannot remember. I could not Identify any of the men If I saw themMorton C. Hunter, a timekeeper In the onnta Fe railroad yards, said that his books showed thot w. W. L4we did not work on the night of September 23.Smith Identifies Jeaae James.It was at this point that Mr. Reed played his best card. The much heralded M J. Smith, tho man who said that hi one of the robbers with a mask oft. was produced, and his testimony was expected’’Was he Tom Furlong?” “I don’t know,Where did you tee Jcase James when you came here lo Identify him?”‘At the court house.‘Who told you to go over to see him? ‘Harbaugh.”.■You knew he was at the cigar stand, didn't you?”1 heard that he whs.”'Do you mean lo tell roe that you didn’t know that Jesse James was there? Didn't Harbaugh lake you to the depot meet Conductor Carr?1’'He took mo there,”'Didn't he have to tell Conductor Carr about you’re having been on the train that was_ robbed before he remembered you?”What made you look out of tho carMndowTI thought It was torpedoes on theick.Did you go all the way up to the engine?No.-When did you sea the man with the *J3ol^un?When I walked up toward the robbers, you? window In the smoker werefrnLWa5'i-*t «h®. swlt;md »*ludow from the i™i'—ThcmPeit ear ,was mall, then express car. The man who met me had come •ofiut to the center of the mall car.”No 1 nave a mask on?whlch “ill® ?f,thp train were you?” I was on the lefthand elde. When I was awakened I heard four or five shots (red. i dldn t know where I was when InpstT woke up,were'you?™ “ltep trhen the noise started.1 niliis?' nf.,ho 58ted the window 11 rat, and mb idenufy.” 5i!W °n!y °nB that 1 you flrat *** Jame» after theThe Identif; court ‘Wi you get a pass to comerivM /K cTt^r?0 when yo* fimI met Harbaugh, and he said that Mr, ted wanted to see me,W hat did you do last night? n«MtWJK*,?i,5Sea’!.oB!.“ from about 9 p. m. until midnight, Harbaugh came to my room at Ky West Eighth street. He said; Mr. ReeJ wants to see you.’ I had been to Mr. Reed s office before. Detectives Harbaugh and Keshlear took me there. I nave been In his office atevera! times. I ran™t tote whether Harbaugh waa there all the time laat night or not.”What do you do for a living?”work on the Fltlsburg £ Gulf rall-_!» thewikw X wan Btm Lfy James^when X waa sent la house by Mr* Harbaugh.**marshal a office last night, didn’t Harbaughsay: ’Don't go up to Mr, - — -.....go up by yourself 'Reed's with me;The witness hesitated and said: Har-“u^h sald; ‘You follow me, and you can•You are coming here to testify In this lid on your own lime?” rje witness replied; I expect to get paid for It.“How did you “I telephoned _____Detective Keshlear ror a pass.How close were you standing to' the man with the long coat on?”1 was as close to the man as I am to you. I met him about at the door of thoHaloed September 21.Striving to strengthen the statements of Lowe in every way possible, the state called the stand G. L, Ort. who ts employed In the weather bureau. He testified that on the afternoon of September H It began rain and continued until 5 o'clock the following after no^ This was tho da) the night of which Lowe said thaBlt had been planned to rob the train, bur It ' ‘been postponed on account of the ratC. W. Whitney, a conductor on Trooit avenue line, testified thut he had carried Jesse James from Fourteenth and Summit streets to the other end of the line, but declined to state positively what even-Ing it was. He had often carried the do-lenaant.Miss Blanche Edgccomb. who lives Just across the street from the James homo, stated that on the night of the train rob-£ ?*“ *l home- About 3 o'clock sheleft her house and went down the street a ,am!1Y “f Mr, Gorsuch. About•heLL* I0*111® drug stare nearll?e Trooit line, but does not remember having seen Jesse there.-rW hlle you were setting on the porch dl ■'_s house, did youreellye any vehicle* _Jf?ot that I remember.'la thought to beL?we. le*l!,tied ‘bat he saw TE ,he. street while he was walt-Llf.K j8“*- bm Mr- Reed did not ask Lowe's* concerning this evidence ofhowffijmSPSK Marshal Mat Kenney toll how he was,with the posse that went fron hal a office on the night ot the rob-l his testimony wem to prove that ,1“ of, the horse which he found a,nlmnl3 the train robbers had hwTe.® th°je of the mare which had been hired from Self, the liveryman.Made the Trip in Twenty Situate*.William Self, the liveryman, told how h_ bad driven the same mare that had been used on the night of the robbery, from the ftcene of th© holdup to the vidjoliy of the James home. In twenty minutes, and al lh® cllJ ln twenty-eight mln utee. There were three men ln the busriryDetective John Hayde identified two pairs and a Jumper which he eatd a .Kffr?,n“7ed plt;,te White, who worked at St. . Si.. c.r^,k c°'u mine*, had turned over to Chief Hayes.Prosecutor Reed had been making vl-LIU eiTOrllt;l to FPl Ihia mi.n Urhlt* i.acw lb.Innt efforts to get this i stnnd. but for ----uponsome reason or other his LTLliV* DU UIIUUMllUltyesterday. Mr. Heed said; lour honor, I in trod udence. And now the state rests.*,Shnlt;?Weford turned to the Jury and fiW; J am sorry, gentlemen, that I shall oo obliged to keep you over Sunday. But such Is the case, and the court now stands adjourned until 9 o'clock MondayTHEY G0TJ0GETHER.Health and Street Department* Rea an t'nderatanillng u to Dsnptng Rubbish.I. Dndcrlelder, Hyman Myerson, H, 6a-piro, K. Copelman, Phil Arowltx and J. Jllus, who were arrested by the police a week ago tor dumping manure and rubbish on a vacant lot at Twenty-fourth and Michigan avenue, were discharged la police court yesterday m ora lag. The rubbish was removed by Mr, Undertelder, owner of the lot.Tho cases against the four employes of the street cleaning department, who were arrested a few day* ago for dumping sweepings on a vacant tot at Twenty-second and Wyandotte street*, were also dismissed, The health authorities *cnt a letter to Chief Hayes, requesting him to permit i ho street cleaning departmc -- ' ’certainabout town until *uch a time as other arrangements can bo made, and the request waa granted.The SphuliL.li Fainting*.The excellent Scbulthels collection paintings which hon been on exhibition at 8wen's gallery. DCS walnut, during the past week, will remain at private sale until Wednesday morning. This is understood to be a forced sale, and many of the (canvases are finding a home here. S------of the beat examples, however, are *tfil at the gallery, unsold- It Is hoped that more will be sold, as the opportunity Is a rare one.
Newspaper Details
Kansas City Journal
Kansas City, Missouri, US
Sun, Feb 26, 1899
Page 2
Full Page
Clipped by
Joplin P.
MO, USA 03 Aug 2024
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