The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-08-27
TIE EBANDIt,s TRIAL.
Dick Liddeli FINALLY Allowed TO Give
His testimony.

-%AS
TBEBANDIrS GRIAL.
Dick LiddeIi FINALLY Allowed TO Civ,
His testimony.
CALLAHAN, Mo-, August 25.-Frank
James' trial was resumed this morning al
s so'clock. The first witness called was
Dick Liddell. Defense Immediately object,
ed to the witness on the ground that be
was convicted felon, having been found
guilty Of grand larceny in Vernon county
and sent to the penitentiary. Prosecutor
Wallace responded that he had a copy ofa
full pardon restoring Liddell to citizenship.
Objection was then made to the copy, de.
fense insisting that the original pardon
should be introduced, and then the attor-
neys consumed two hours In arguing the
force OF pardons in legal sense.
At1l o'clock Judge Goodman ordered 0
recess to give him time to consider the
point, which is one OF great importance to
the defense, since Liddells testimony Is vi
tai to the prosecution.
Ex-Governor Chas. P. johnson, stated
this morning that the testimony would all
be in by next Tuesday evening, and the
case given to the jury on Wednesday.
Shortly after O'Clock court was called
to order aud the Judge announced his de-
cision. After reviewing the authorities be
stated that the evidence OF the witness was
admissible.
The defense then objected that the pa
paper purportiDg to be pardon was only
= copy, and the State proposed to put the
witness on his tUir dire in answering lhe
Prosecutors question.
Witness said he was sent to the Peniten-
tiary from Vernon county in 1874. Had u
pardon, and tore it up the day alter l got
out. Don't remember who gave 1t to me;
tore II up without reading 1t.
The defense raised the point that there
was no evidence that witness ever had a
pardon, as he did not read It.
The Court decided the preliminary proof
sufficient.
LrDDELL's TESTIMONY.
The jury was then brought in and the
examination proceeded. Continuing, wit.
ness said: am thirty-one years old and
was reared in jackson county. There was
q band known as the James boys. l be-
came a member four years ago last fall.
Shortly aiterward l left the State, going 10
Tennessee. In July, 1850, went 10 Nasu-
vile with Jesse James. Found Frank
James and family and Jesse's family there.
Staid nearly year. Billy Ryan and Jim
Cummings came there. FraBk took u
house in Nashville and lived there at Sl4
Fatherland street. In March, 1851, Frank,
Jesse and myself left there. BlIIy Ryan
got captured, and We got sea, and lit
out. Went to Hites' place and stayed a
few days, then went to nephew's OF Hltes
and aiterward came back there. The ar.
'rangements-to commit the robbery were
made by Jesse and Frank James, and
Wood Hites was TO come out to Missouri
and take an express train somewhere up
here. This was in May, 1881. Frank
went by the name OF B. j. Wood.
son at Nashville, and Jesse by the name OF
Howard. Jesse and / came to kearney in
May, 1881, and rode to Mrs. Samuel's larm.
Frank arrived week later. We found
Clarence Hite there, and Wood Hne caMe
aiterward. About week later tUur OF US
started on horseback, and met at Forts
farm, near Richmond, arriving at O'Clock
IN the morning. Westared out from there,
but aitrrward went back. Several days
later We started out again. Wood went on
the train and the rest oil US on horseback.
Took horses near Richmond and were to
meet Wood Hite at Gallatln. We rode
most OF the night, and stopped the next
day and night with Dutch farmer. Pro-
ceeding, we came close to Gallatin. Jesse
was then taken sick, and we all went back,
the party scattering. Frank and / went to
Ford's.
THE PLAN OF CAPTURE.
A week after we started again, travelling
apart. Igot dinner near here, and met the
Others near Winston. We left the horses
and went to the town alter dark. Jesse
and Frank, Wood and myself were to cap
ture the engineer, and the others take the
baggage car. Wood and got on the ten
der, and when we got ont q little ways the
train stopped and we heard shooting. We
shot couple Of times to scare the en-
gineer. He stopped the train and we made
him move the train on. The engineer
pulled the throttle and jumped off. We
didn't know how 10 stup the train, and
Frank came through and stopped it. Wood
and got of the engine and went back,
and We all left the train. Jesse
and Frank said they thought they
bad killed q couple OF men. Jesse
said he was pretty sure he had killed one,
and Frank SAID man had peeped in, and
he shot at the man, and he fell of the train.
We got 500 or $500 In all. The money was
In packages. We rode bard all night after
the robbery, and Stopped in a pasture about
daylight aud divided the money. We went
from here to Ford's where We stayed about
q week.
This closed the direct examination.
The cross.examiBstiOn Of Liddell was
postponed until Monday.
Governor Crittenden was called, and tes-
tilted that Dick Liddell told him Frank
James said to Jesse, "He would not have
gone II he had known there was to be any
killing"
After the Governors testimony the Court
adjourned. Therulings Of the court to-day
we're all favorable TO the prosecution.
Judge HoadIy's Illness.
CENcISNArE, August 2s.-Jadge George
Hoadly has been confined to his house
during the past week through severe III.
ness, and though there Is no doubt that bis
sickness has been superlnduced by the ne.
cessities and requirements Of the political
campaign, it can scarcely be said that it
haa assnmed the serious ASPECT that has