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FRANK JAMES AT THE BAR.rh« Trial of th« Notoriom Bandit Com. menred—Opening of th« Cm. by SUto’i Attorney Wallace—Testimony A*r theProMfntlon.O ALL ATTN, Mo., Aug. 24.After the customary delays incident to the preparation of an important case for trial, a jury has been secured and the trial of Frank James for the murder of Frank McMillan, incidental to the Winston train robbery, fairly begun. For the better ac-rommorlation of the large crowd in attend* once the trial is being conducted in the Opera House.At eight o’clock this morning Frank James was taken over to the Opera House by the Sheriff and Judge Goodman was in bis seat. Owing to a sudden illness Mr. Wallace, who was to make the opening speech for the State, was late in appearing and the Court was kept waiting for a quarter of an hour, the large crowd of spectators growing impatient meanwhile. On the arrival of Mr. Wallace the Court announced that each side would be allowed one hour's time in which to present its case, and Mr. Wallace forthwith proceeded to make his statement.He said that althongh he understood it was customary to. call attention to the magnitude of the crime to be proven and to show the bearing of the various pieces of testimony which the State expected to introduce, lie would refrain from doing anything more than to merely state the factswithout comment. After calling the atten-from all personal or sentimental bias, be proceed©*! to rend the indictment, which charges the killing of one Frank McMillan on July IB, 1881, at or near Winston, in this State. The first count is for murder in the first degree. The second for murder in committing a robbery, and the third in be-I Ing accessory with Jt sse James and others unknown to the crime which forms the basis S of this case. Mr. Wallace then dlscuesed motives for murder, alleging the lowest kind of motive to be that motive in murder for money, which was the fact in this case.; The evidence in the case would be that the I Hock Island train was robbed on July 15, 1881, at Winston, by five men, and that in this robbery the men killed Mr. Westfall, the conductor, and Frank McMillan, a 1 stonemason, on the train. He would show that the robbery and killing referred to was committed by the James gang, whose his-_ha evidence would show that Frank James, Jesse James, Dick Liddell and Bill Iky an congregated at the home of the handin Tennessee. There would be testimony that Wood Hite was in constant communication with the gang in Tennessee. At Nashvillo Jesse James was D. J. Howard, Frank James was B. J. Woodson and Bill Ryan was Tom Hill. Ed Miller, James Cummings and Bill Ryan were not members of the Winston gang. Mr. Wallace then followed the movements of the gang from the time that Jesse and Frank James left Jackson County, Mo., for Tennessee, in1877, where they remained till the spring of 1881.Their departure from Tennessee grew out of the fact that Bill Ryan, while on his way to George Hite's, got drunk and insulted a Justice of tl o Peace, for which he was duly . arrested and $1.2108 in gold and other property found on his person. On learning this, j Liddell and Jesse James each stole a horse, and, Frank James having a horse, went up to Adairsville, Ky., where Wood Hite I joined them. Here, too, they picked up I Clarence Hite, a young fellow of twenty-ono or twenty-two. These five — Jesse Janies, Frank James, Dick Liddell, Wood i Hite and Clarence Hite—were the five men I concerned in the Winston robbery. Here I they stayed a little time and then went to (Samuels’ Station, in Nelson County; staid i there with u party named Sears and John W. Pence and others. From this station ' Jesse James and his fellows shipped his guns in May, 1881, to John Ford, at Lexing* ton, Mo., whence they were reshipped to John Ford, at Richmond, Mo. John Ford was the now deceased brother of Robert and Charley Ford. In this shipment was a Winchester rifle belonging to Frank James. The testimony would also show declarations made by Clarence Hite before leaving Kentucky, that Frank Janies was going to Missouri, and that he was going to stayhe was assaulted and compelled to unlock the safe and surrender its contents.Dr. D. M. clagget, of Winston, who, as coroner, held an inquest on the bodies of McMillan and Westfall, testified that he found a bullet wound about half an inch above the right eye. He judged that the wound was the cause of death.Dr. Homer E. Brooks, of Winston, cor* roborated the previous witness©’* statement, except that he located the wound over the left eye.W. L. Earthman, of Nashville, identified Frank James as a man he had known by the o’lt; name of Woodson at Nashville, where they cjj had raced horses; knew Jesse James also, under the name of Howard, hut did not sus* pcet their identitv; also knew a man by hlt;i the name of Tom Hill, who afterward prew- nli ed to be Bill Ryan; arrested Hill on March ir, 1881, with a licit full of pistols and cartr j * 1 ridges, and with about £1,600 in money in ! oil his possession; locked Ryan alias Hill in the Nashville jail, where he last saw him; i . knew Woodson about two years while work- i ing on a farm. He associated with the very ! Klt; best class of people there, and witness j ^ never saw him associating with any of the ' parties mentioned in the indictment. His , m general deportment was that of a peaceable lei and quiet man. I CQJames, the depot master at the Louisville ! and Nashville depot In Nashville, testified i ar he knew James as Woodson, and saw him j Bti frequently there in 1880; remembered the j p( arrest of Bill Ryan, and never saw Woodson In Nashville after that; also knew Jesse James as Howard, who lived close to him in Nashville on Fatherland street. Howard was a grain buyer for Ray A Sons. Witness never saw Howard and Woodson together but once, and did not see them speak then. He last saw Howard in March,John Trimble, a real estate and insurance man at Nashville, testified that he rented a house on Fatherland street., Nashville, in February, 1881, to B. G. Woodson, but could not identify the defendant as the man. Woodson occupied the house about a month and a half.Mrs. Sarah Hit© testified that she first saw Frank James on March 27, 1881, when he came to her husband’s house early in the morning in company with Jesse and Dick Liddel. Frank was riding, but the other two walked. They did not say where they came from. They were armed; Jesse had two pistols and a rifle; Frank had two pistols, and Dick had two pistols and a gun. They stayed a day or two. Clarence and Wood and George 15.te were there at the time. On the 2(Uh of April they came back And left on the 27th. Witness did not know where they were in the interim. They were still armed. Soma men who were pursuing them came close to the house and the men seemed excited. Dick Liddel got at the front door, Jesse James at the window of my room and Frank in the parlor. All hadSuns in their hands. The pursuing party id not stop but went on to Adairsville. Frank went away next day, witness could nnlt; t**ll where.Rilas Norris, father of Mrs. Hite, testified that he first made the acquaintance of Jesse James at Mr. Hite’s house in March, 1881, and Jesse introduced Frank as his brother. Dick Liddel was with them. They stayed a day or two and witness did not know where they went. They came back in a week or ten days and made a short stay, then left again.Nicholas D. Bishop, express agent at Lexington, Mo., testified that On May 13, 1881, a box came by exptirssrto' xexington, addressed to J. T. Ford. It weighed 140 pounds. It had been transferred to witness’ company at St. Louis from some oth- I er company. He was ordered to forward j 1 it to Richmond, Mo., which he did on May 1 a 18. He could not tell by whom the order j c was given. cOn. cross-examination witness testified I that he never knew Frank James, and never j t knew he had anything tc^do with the box in | a question. | cJ. B. Bartley, agent for the Pacific Ex- I j press Company at Richmond, Mo. .produced c the books of the Company showing that j such a box had been received, but the testi- j 8 mony was ruled out and court adjourned. [ cJqsnes also came to Missouri at this time. Jesse’s wife went to Kansas City. Frank’s wife came to Page City with the intention of staying at General Joe | Shelby’s. She brought a sewing-machine, shipped from Nashville to B. J. Woodson,City to Mrs. Ralston, her mother, at Inlt; pendence, Mo.I In Missourifthe gang had two headquar-. ters—one at Mrs. Bolton’s, a sister of the Ford boys, in day County, and the other 1 at Mrs. Samuels’, near Kearney. Evidence woQld be adduced to show that Just before- and just after the Winston robbery, and [ in October, 1881, Frank James was at Mrs.Boltoi5s, being seen there by several par-, ties—Frank J ames going by the name of Hall, and being introduced by Jesse James.- 1 But beyoud all this there would be the . testimony of Dick Liddell, which would beoverwhelmingly corroborated. Liddell had given himself up, and under the promise of 1 immunity had done alPhe could to aid law J and order, and so well had he done this- that the last member of the gang was now on trial.Mr. Wallace then stated that James would be identified as having been in the neighborhood of Gallatin before the Winston robbery. A trip had been made to Chillieothe three weeks before the Winston affair, and another trip about two weeks before the robbery* both proving fruitless. The testimony which the State would offer would be circumstantial and direct, and so overwhelming that no honest jury could refuse to convict after hearingJohn L. Penn, the first witness, testified to the boarding of the train at Winston and the action of the gang; also to the shooting of McMillan, his falling from the platform of the car, and the subsequent finding of his lifeless body by himself and McMillan’s father, but could not identify any of the'S. E. Walcot, engineer of the train, testified that the train had gone about fifty feet when the signal-bell rang to stop, and ’itness stopped the train. Then a voice nk_ ‘fancalled out, ‘‘‘Go ahead!” Witness started again, and from the back of the tendersomebody called out, “Go ahead, you -■® j -1” Witness looked back, and two mend jumped down off the coal into the cab and ». presented revolvers. The train ran about lt 2,000 feet, and as the brakes were still on it j stopped. The men threatened to shoot if w be didn't go ahead. Witness explained it ! what was the matter and the men again ie threatened. The air pressure was released j at this time and the train went ahead. Wit-l j uess went ahead and, climbing out the | window along to the pilot of the enginet j waited till it slacked up, and jumped off. il 1 Accompanied by his fireman he went back j to the first ladies' car and got on and a mo-ment later went forward to the expresscar. being the first to enter it after the 18 robbery. The robbers had gone. W itness could give no description of the men who 4 boarded the engine. There were five or fc?x shots fired altogether. The air-brake was applied the second time either by some 68 one on the engine or on the coaches.Frank Stamper, baggageman, testifiedexpress, the expressman being After the train stopped witness opened the “ * ' aee what was the matter, when door %q s tan with aThe States and the PresidencY.Only nine of the thirty-eight State9 have furnished the country with Presidents. These States are the following, and the length of time the several States have held office is also indicated: {Virginia..............................36 years.Massachusetts..*.................... 8 years.Tennessee...................:........16 years.New York ......................104 years.Ohio................k................. 44 years.Louisiana .................... 1 year.New Hampshire ............... 4 years.Pennsylvania........................ 4 years.Illinois................................12 years.Total from 1789 to 18S5...........96 years.In the seventy-two years prior to the civil war, the South possessed the Presidency for forty-nine years. The extraordinary contributions of Virginia to the Presidency were due, not at all to her location, but to the unusual relations of hey strong men to the Government during the peiiod of the Revolution and the settlement of the Constitution. Virginia has furnished no President since Monroe went out in 1824, unless we count the accidental service of John Tyler, whose selection as the Whig candidate for Vice-President in 1840 was the result of an intrigue.Tennessee and Illinois stand next to Virginia. The sixteen years during which a Tennessee man nas occupied the White House include the eight years of Andrew Jackson, who would have been just as strong a candidate if he had beeh born in Delaware or Rhode Island. They include also the four years of Andrew Johnson, who was not elected to the oftice of President. Of the two Presidents from Illinois, Lincoln was not nominated because he hailed from a State it was,important to carry; and Grant, at the time of his candidacy, was regarded more as a citizen of the United States at lyge than as a son of Illinois.—Utica (H0U) Herald.—Lake George has had five names. The Indians called it Andia-to-roc-te, or the place where the lake contracts, and Caniderioit, the tail of the lake, until 1646, when Father Joques and Sieur Bourdon, engineer-in-chief of the Governor’s staff, arrived on its borders. It was the eve of the festival of Corpus Christi. and they named it the Lake of the Blessed Sacrament. General Johnson, in 1755, changed this to Lake George, in honor of George II. This ithas borne ever since, although Cooper introduced it to his readers* in the “Last of the Mohicans” as Lake Horicon, the silvery waters.—Troy (N. Y.J Times.;e woat was me maiier, wuen revolver grabbed him bv the* *—It is probable that the numerous poisonings from ice-cream which have been reported this summer from widely* separate regions may be traced to some new departure in flavoring extracts. If proper care were taken, the poison j might be traced to its source. The ice J has been a sort of epi-fnrttR. 1a man w._________ _------- „to leg and pulled him out. He boarded a coach [ as it came along and informed the passengers that robbers were around. He made two trips through the coaches and looked Li- for the conductor. Meanwhile firing waste going on In the smoking and baggageseason, and merely fortni-tous circumstances will not account for it. A single maker of adulterated flavoring extra* t-i ia probably responsible for the whole mischief. If some one would take the trouble to trace the matter up j he would perform a public secvice.— Rochester (N. Y.) Democrat.
Newspaper Details
The Fairbury Gazette
Fairbury, Nebraska, US
Sat, Sep 01, 1883
Page 2
Full Page
Clipped by
Joplin P.
MO, USA 19 Sep 2024
Other Publications Near Fairbury, Nebraska
Jefferson County Journal
The Fairbury News and The Fairbury Gazette
The Fairbury Daily News
The Fairbury Journal
Fairbury Journal News
