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ed to meet the G o'clock Chicago * Alton train, but a bmwltaU game between thecourt house nine amt the city hull tit no * delayed Ui.u he Could oot lu*ke It.Went to the depot tundn arnt looked after his aunt s I isk-* . and In Ihe afternoon he went With tin- family to Trooat park Were you at LciL oa Suiulay. Augustn?-Ye*, air.•‘for what eut|«i«fl ill m..!, kUij. «a» try I UK to get a school thrte and 1 heard on tmturdaj that they acre goipg Vo give It to Mies Howe. 1 Wrnl to »ee tl the report was right.-Itlil you see Ml. Hutchinson there?1 weui'aouth to the lock roail andDM you «v to Atuty Kyan'a housa WithDone on the night id August Sir-“I «1Ik£• ycxi nhow » c«mi to Low® «t Ryan'sor anv oifu*r '‘ I ma not*’ _ ..riliu h*ui !H-frr*tu%* to the ex-cotn-apcctu cantsl Tht* drlvnv hrouiiht out, at*t*ortnns to tin? tccitmony, thai Ttlf»irsj*h Oi*triiior Htsey had twen at the court House hulf a dur, n time* and that on one of these oc-cu.-U'tis lie had Mill that Jesse was not the leader of tln loblwrs, that It was a inter ti.an. Jesse then prompted Mr. Walsh and the quentton came;What »'u your purpo« In going toTo eel a school for my slater.Any other?Only hike rides.”tw till IFive 0Drain lallnarr With Lowe.On cro«-examlnmlon Jesae denied In toto any intimacy, with Do we and the Authorship of letters attributed to him and signed with ills name.You say thst you were only acquainted with W. W. lxiwe through meeting him at Krueger's court and at your cigar stand? asked Mr. Heed.Yes, etr.No other place?**No.You had no business dealings with him?'* None otUrr than telling him cigars and tobacco,No transactions?No.Is the add re* on this envelope your writing? [irvjtuttlng an envelope to thewitness.Jesse looked at It very Intently and then said:It looks much like It, but It's not mina,” This letter was the one addressed us W. YV. Dove and Li as fallows:Kansas City. July H, 1S38. Mr. William Lowe.Dear Sir:—Please coma up to ree me In the morning before you go to see Jim Cola. Your friend,Be sure you com Cole.___________________before Justice Bpltt? continued Mr.Again the defendant looked closely and uckaow lodged this signature. He then denied the idgnauire to a second letter. Take this piece of paper and a penciland print -I object! shouted Mr. Walsh.• Buntoin«3, said the court.■DM you ever make this statement to Will Kenny, a reporter for the World?■ “No. sir.Did you not hand It to him In the court house?'■yes, sir.' came the smiling response. What do you menu, sir?Weil, he wanted a statement, and Mr. Milton Oldham wrote it for him. I handed It to him. but I didn't write It.This raised u laugh and the deputies had to rap for order.Did you ever carry the letter which 1 handed you to the Santa Fe yards This was objected to and was sustained.Jesse rejieatcdly denied Intimacy with Lowe and slso said that he did not remember having introduced him to his unde. Frank. They went over the Journeys to Leeds, the visit to Mr. Hutchinson, and the effort* to gel Mnry James the Leeds school without eliciting new facts. The d' f-nda:;: a bo partially .Filled the veracity ol an interview published In the Star before his erreet.He said that he wa#.arrested October U, and was kept at the Westport police station from S.M o'clock until 1 o'clock the following afternoon.This closed the exam I nation ol the de-fen dam.After thte. Judge; Benry. bf the circuit court; E. F. Swinneji eaihler of the First National bank; YVtfr F, IXayde, deputy clerk of the circuit COtrrf' and WHHam Cargill, assistant supeftntewdgnr or the Armour Packing Company, testtfled as to the defendant's good chnreteter. The question in each Instance wis:What 1e the reputation of the defendant as to veracity, honesty and general goodAndDuring the coptse of the afternoon. Mr, and Mrs, Samuel Bunch, of S3S8 Ft ■venue. terrified that Jesse had pa their home between SJO and 9:30 onand Troort bt tween SJ# and 9:1?Dr. Thomas BeaUl*. IfJO Llnwcod avenue. * as -with Jesse in the barber shop that night.Joseph Gnraurh saw him going to the car about with his mother and aunt.Nell her Mr-. Stanley nor Mrs. Ida Foster, who live In the near vicinity of where the rig 1* raid to have been hitched, saw any signs of It up to 7:39 o’clock.Deputy Marshal Tom Leahy testified that In the presence of Deputy Marshal Cask Welch. Hills, the expreaiF messenger, had said that the leader of the robbers tig about the Eire of Officer Fas key. 7Mr. Walsh Begins hr Attacking W. J.Smith, Who Had Ideatlffed Jesse James.Mr. Walsh opened the Session by stating to the court that the attention of the attorneys for the defense had been called to the publication of a. dispatch published exclusively ir The Journal yesterday stating (bat one William J. Smith had been charged with larceny In Casa county. Mo.. and bad been Imprisoned at Harrhnnvllle for tome time. This was the name of the witness who had positively Identified Jeeee James.We would like to have Mr. Smith recalled to the stand, raid Mr. Walsh.Mr. Rer-d slated that Mr. Smith had gone to the ticket office of the Frisco road ■ for hla transportation home. An attachment was hatted for him and he was brought Into the courtroom a few minutes later.Did you testify before the grand Jury? be was naked.No, air.Were you In Jail two month* at Har-rlaonvUe charged with larceny?No. 1 was in Jail about five days.Did you jump your bund?No. air.Did you plend guilty to the charge of larceny?No. air. I was secured of taking some flour three years ago and I was arrested. 1 mi released on bond about five days taler.Did you pay any or your bond?No. 1 did nut pay any of It myself.Mr. Reed asked:Were you guilty of stealing the flour?Then Mr. Reed requested the witness not to answer, hut Mr. Walsh insisted that the answer he given to Mr. R-ed’s question. Judge Sharkltford ordered the witness lo answer. After some hesitation Smith replied;I guess that I was guilty of stealing th» flour.*'Mr, Reed ached a great many questionsTOTENDERSKINNEDMENShare with Cctil-ctll Snavrao Soap, and before etauatag the lace gauUy attaint with Ccncuoa fointment), purest ot emollient akin cures. Wash with Cnrni’U Toilet Soap and Rot Witte. This simple and inexpensive treatment wilt prevent unpleasantfort to those with lender, really Irritated skin*.. Crnvraa Owns* Sue. Crerm (ntuiMsn. sue.concerning the appearance of tht debris around the wrecked express car, but lhaJudge ruled that the ground had been fullyDidp't former Sheriff Hatton go out to kHuga* to take you back to Harritonville?'.'\es i went back to Harris on viUe vlth Mr. Hutton. I admitted that I was g^ilTy.While the officer.- were looking for Mr Smith several other witnesses were called! wasr«-ked ■H#SenBer 111119 W“ recailed and Did you not sure to a depoty marshal °w ,tllF night of the robbery that the lender of the robbers was a large man?r± iitn not spiled Hill*. Some time after Hills was excused Deputy Marshal Cusvimlr Y\ elch was called. H* testlfledthat ho had visited the Scene Of the robbery the morning after the robbery.-1 Express Messenger Hills andHiked him something aboot the appearance of the icnrier of the bandits. said Welch, How did Hl!Is describe the appearance Of the leader?Me said the leader appeared to be over ^ix feet In height and was a large man Juju at that moment Sergeant CaskeyMvpped up and Hills said that the leader was about Caskey's size.Hills kept talking about the leader of the gang and insisted that he was a big man. He described another robber and snhl that he was fshort and heavy ret. Mr. Yleleh asked:Hava you seen anyone since that man?™ description of the shorterVre. and the man that I think Is the short man Is now under arrest.” replied Welch, referring to W. W. Lowe.'Do you think that JesBe James Is anything like either of the men that Hills described?'I do not. emphatically replied Welch.Nx-Prorernlor Lowe Teattffea.Ex-Prosecuting Attorney Frank M. Lowe waa celled by the defense for the purpose of controverting the testimony of W. W. Lowe to the effect that he had never made a written confession.“Yes. W, W. Lowe did moke a confession, but Just where he made It. I do not know. It was brought to me by a detective, and I went over the written etate-Um«* Dowe, not only once hut several LCd^he aay that It waa his confession? Was It given to any paper?”Of 1 PermitEe(t the Star to have a copyMr. Reed asked the witness what compensation he had received for giving the confession to the Star.*T received nothing for It. replied the ex-prosecullng attorney.After you cave the statement to Mr. Stout wbut did you do with It?1 Stye It to Mr. Brady, who was then my assistant Mr. R. E. Stout, city editor of the Star, was called and stated that he had copied the Blatement In Mr. Lowe’s office In theprintedDidu ever drive over the route followed by the robbers on the night or therobbery?Yes: I drove from Thlrty-flfth and Troosl with an ordinary horee ond buggy and reached the scene or the robbery In thirty-live minute*. The return trip was made in twenty-eight minutes.What Brady Did With the Ceifenloa.Hugh C. Brady testified as follows;I was assistant prosecuting attorney when W. W. Lowe made what he Said was his confession.Mr. Reed objected to such testimony butas overruled.“In what form was that statement?sked Mr. Walsh.It was typewritten. I delivered It to the police, and have not seen the statement since.ed In theYen. I am sure that the published confession of Lowe was practically the same as the one that we had In the prosecuting attorney's office.Mr. Reed asked:Who delivered the typewritten statementi you the rtrst time you s*w it?Bo me of the police office re.Mr. Walsh asked that he be permitted to Introduce parts of the published confession which was made. Mr. Reed objected, but wag overruled by the court, and Mr. Walsh read the following extracts to the Jury;On the night of September 23 I leu my home about 9:30 p. m. and took a Summit street car and rode to the end of the Troost avenue line, and from there 1 went to Thirty-fourth and Tracy, whero I met Jesse James and he told me that there was a buggy hitched In front of the two little brick houses south or his place. I went .1 drove around on Troost avenue and then back on Thlrty-flfth street, by a little clump of trees or four smail trees, and there I met another rig with a dark horse. They drove by me and stopped, and this man they calledImmediately.'It ta not a fact that ho came cutAt this point Mr. Reed quizzed the witness closely concerning hla testimony be-fore the grand Jury, and some of the answers were not regarded aa perfectly satisfactory by Mr. Reed, who compared the statements of the witness with hi* testimony before the grand Jury.What time was It when you saw Jesae to front of Hill A Howard's drug store?it was abijut 9 o'clock and X remember that the curfew waa blowing about this time, I looked ot my watch and saw the time. There were several other persons either In the store or Just outside, t remember Joe Gorsueh. Mr. Hill. Mr. Howard and reverai others.Did you not ree Jees* on October 1 and ta the presence of a newspaper man named YY alter Banford did you not state that you saw Jesse in front of the drug store at about k o'clock? asked Mr. Reed.I made no aueh statement 1 yoa hear Jesse Jame that he knew Lowe?Yes, I heard him say that he know Lowe.”After Ike Nook Recess.After the noon recess Mr, Ilovey was recalled and said that he had testiBed before the grand Jury. He declared that he had been misquoted by the stenographer. He said that he protestedGeorge W. Tourtellot. superintendent of the Armour Packing Company for the past lifteeti years, testified thaL he had known Jesse James for about six year*.I know the defendant has borne the best of reputations for truth, honor and verac-“W Reed asked;nights?'^011 know wher* h® spent hfs I do not.' ' nl'g’htr,yOU 6VCr heSr 0t h!m atI have not.Have you ever heard that he had as-sociated with W. W. Lowe. Andy Ryan or John Kennedy?W J?eXer did- replied Mr. TourtelloL hi. C, Jones, who Is one of the proprietors ot the drug store near the terminus of the Trooat cable line, aald:-i, £ fhe night of the rob-belT 5 ®bout E;3° O'clock. I saw him accompanying some ladle* to the car. At about S:L I saw him again. John Noland was In the store at this time and I saw the defendant conversing with him. Jesse was in the store about six or eight minutes. After lie went out I saw him atand-mfLrei e aldewa!k. Hus long he stood ouufde I do not remember,**Mr* Reed asked the witne*:hat was the flrat you saw of the witness on that night?**I first noticed him when he asked me ll\.,cha.I?*e- whlch h« used t0 Ploy, a slot machine.”Y°u make a statement on Janu-went out:*' Tlt;m 1 see Jee*° after he ,hat 1 dId'11111 you ere him nltogether?About six or seven minutes.„ J dld YOU happen to notice thehad not been keeping the cor-reet time and I stepped back to see theanything else.'Mr. Farr asked:vbef0Ae Jhe *rand Jury? v telephoned for me to come down but £ do not know who ft waa Isiaremlnt.1- ^ ^ “ad maJa aCnngl. Saw Him After » o'clock.YYalter Gaugh, who wag at Thirty-fourth and Lydta,_ testlfled that he knew Jesse James and on the night of the robbery, saw him at Hill 4 Howard's drug store about 6:30.Some time after 9 o'clock I saw Jesse in front of the tame drug store, emd the wltnesa. I know that It waa about this time because I looked at the clock as soonR requires buTs few mlnu\reV w^Vcm went direct]y home^' 10 touSe' 1i?Awa^' 2*^ ot the proprietor! ot Hill Howard s «?rug store, said:I faw Jesse In *v»y drug tore nt about five minutes of « o'clock. I was tilling acontaining the costumes and guns. The costumes consisted of overalls, old hare. Jackets and masks. .The big man came, thm made live, and.tnen came Andy Ryan, which mode up Hkj party of six men.There was ai lot of silver dollars In a pine box. Aft*r the' explosion It waa scattered all over the floor. What waa gotcarried __ „■ en£me waa cut off from the car. I pulled/up to the road crossing and there we burfled up In the Are box all the costume*, musks, etc.. except my overalls and belt-fl'e then went to our buggies and left In the atune order we went out In.Photographer Bowen Teattffea.Charles K, Bowen, of the Kansas City View Company, waa called.Did you go to the scene or the robbery last October? ho waa aeked.Y'es. 1 met the telegraph operator Hisey out there, Hlsey told me that he saw Jesse James at hla cigar stand and he was certain that it was not Jeaee James and that he had not (he least Idea who the robber was. 1 nm positively certain that Hlsey made this statement to Mr. Farr and to me.Mr. Reed asked:Hadn't you been told to ask Hlsey whether It was Jesse James or not?”No; I had not been told to ask anything. ------------------------------- J .. «aald Mr. Reed.The witness i amlned but he still declared mat Hlsey, the operator, had told him lhat theD^HplIon p Ihe- Ume an'dVtippedwhen I he-.ru Jesse enroe In. At this lime sever .1 persons were sitting out In front o. the store. Among them were Meee-F \\ right and Hovey. At about 10:30 storcV fBl 0 standing in front of11 Mr^EVakSl. “ * aB “riy “ 10:30Ti am reasonably sure.How do you know that those men were officers?„ Mr. YYrlght told me that they were officer*. Two or three of them came In my store and asked to use my telephone, I told them lhat I had no telephone.At thla point Mr. Reed asked the witness several questions concerning hla testimony before the grand Jury.Mr. Reed endeavored to prov-e that some of the witnewes for the defense had not testified the same before the grand Jury as they did during the trial.Took Down the Testimony.H. B. Walker, assistant prosecuting attorney, waa called. He testlfled as follows:“I took down the testimony of several witnesses of the defense. Some of the transcripts are now in Mr. Reed's possession. I wrote sll the testimony out after Jesse James was Indicted.”Were these questions that Mr. Reed asked witnesses to-dny portions of the transcript that you made while the witnesses were being examined in the grand ' room?_.s. I think so.'Haw many witnesses did they have before the Brand Jury after the indictment of Jesse James?“I do not know the exact number.Did they have K. C. Jonre, Joe Gor-euch, John Noland, Charles Hovey. Mr. and Mrs. Leaven, Charles Howard and Mias Mary James before the grand Jury? ' asked Mr. Walsh.Yea. all of these were before the grand Jury-Jesae rreparlag Ills Alibi.Mr*. It. P. Leuven, who lives at Thirty-fourth and Trooot. waa examined by Mr. Furr, Ehe ea!d:I remember the evening of the train robbery, and 1 saw Jesse James, whom I know, near the end of the Troost car line on That evening between 8 o'clock and 8:30, YY'hen waa your attention called to the fact that you saw Jesse on the evening of the robbery?” asked the prosecuting at-°?e^elleve on the next evening. Jesse came to my house and asked me whether I hod seen him or not.M. B. Leaven, the husband of the preceding wllnesf. testlfled that he knew Jtsee James, and that on the evening of the robbery he saw the defendant at the end of the Troosi car line.night after you got home?*Tid yoj testify before the grand Jury that you ffiiought that the time when you saw Jesse James waa between 8 o'clock and 8:«r'No: I do not remember having madethat statement.**Charles Hovey. who Is employed at the county clerk’s office, was asked;Do you know S. M, Downer and JeoaeYe*! 1 am acquainted with both of them.Did you visit the assessor's office with Jesse Jamee end Downer and did Downer not say lo Jerse that he hHd never stated that he (Downer) had Identified him as the man who rode on a freight train on Sundav. August 2S, with YY. YY'. Lowe?”Yes, Downer said that he did not Identify Jesse, and the latter asked him to mnfee en nfflduvlt before me. sa I waa a notary public, but Downer refused to make an affidavit, staring that he had a good Job with the Missouri Pactfle railway.Did you see young James on the night of the train robbery?” . .Yes, I saw him about 9 o'clock near the end of the Troost cable, and talked with him for some rime.Mr. Rood asked the witness whether Downer bad said that Jeese was not the man who rode on bis train with Lowe on Sunday afternoon. August JS,Dnn-nrr said that he had not Identified 'Jesse.Mr. Reed asked:What waa your interest In going with Jea.se James to meet Downer?^'Fifty cents. answered the wltneea, laconically.Where did you see Jeoae on tba evening of Eemember Or'I saw him In from of both H1U AAt this point the defense attempted toprove that D. M. Hisey. the telegraphMies Murray, a stenographer who took down the testimony of D. M. Hlsev In the case against Andy Ryan, was called. She testified lhat she hnd taken the deposition of HL-ey and lhat ho had been sworn as a witness. The deposit ion of Hlsey was produced and the following extracts were read to the jury:Question—Have you ever met the two men who came in your telegraph office Uis night of the robbety?AnFwer—I could not say positively that I have and I could not say positively that X have not.”James S. Rice testlfled ttrat he sew Jesse James on Troost avenue, near the end of the car line at about 9 o'clock or 8:C£.Jesse walked In the drug store as I went In. said the witness. ‘I saw two officers In front or Hill Howard’s drug ■tore between 11 and 13 o'clock,'DELLENBAUGHSTILL PRESIDESSat on the Beach lUterdsy Despite His Disbarment by the Clr-eait Court.CLEVELAND. O.. Feb. 2?.—Contrary to the expectaUona of a large number of members of the Cleveland bar. Judge E, F. Dellcnbaugh eat on the bench in the common please court to-day and heard « divorce case, notwithstanding his disbarment. As a result. It la probable that an Injunction will be brought against him.Attorney J. G. White, one of the members of the trial committee which prosecuted Judge Dellenbaugh, aald: It is not only indelicate In Judge Dellenbaugh to sit on the bench when the circuit court has held that he should be disbarred, but hemay And that some action may be begun against him to restrain him from acting ns Judge until • decision In his casa is reached by the supremeA motion for a new trial and for mitigation of sentence was filed on behalf of Senator Y’. H, Burke by his couniel to-dny. The motion is based os the aUera-t'on that there were errors In the trial before the circuit court and that the sentencePrabahle Spanish Minister,MADRID Feb. TI.—Xt has been reported here to-dar. though there is no offldalron-fit mat!on of the rumor, that Beoor Don J.• Brunettl. Due d'Arcoa. former Spanish minister to Mexico, win be designated minister to the United State* on the resumption ofdiplomatic relations._THE GRIP CURE THAT DOES CUM*, Laxative Bromo Quinine Tablet* removes the cause that produces L» Grippe, The genulus ha* L B. Q- on each Tablet. Rc-
Newspaper Details
Kansas City Journal
Kansas City, Missouri, US
Tue, Feb 28, 1899
Page 5
Full Page
Clipped by
Joplin P.
MO, USA 03 Aug 2024
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