The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-08-30
Press kilograms.
FRANK JAMES.

spectators, the room being filled to
overlooking. Several witnesses were
called, among whom were Frank Tut,
Dave Pool and others for the defense.
and Dick Little and Sarah Hite for
the state.
NJ. l.. Earltman, the first witness,
testified he was tax collector in David
son county, Tennessee, in which Nash
Vile is situated. He knew Frank
James there in 1879 as b. J. Woodson.
Met him first with Jesse at a horse
race. Jesse went by the name of j.
d Howard. Was here when the case
was set for trial in June, when Frank
James asked if came here to hang
him.
Silas Norris, of Kentucky, testified
he knew jesse James in March, 1881.
Jesse introduced Frank as brother.
l think Little was present.
After further testimony of minor
Importance, the court adjourned till
morning.
The event of tomorrow will be the
testimony of Dick Little. upon whose
testimony the state mainly relies for
its case. This man has assumed the
role of informer. The plan of the de-
Tense will be to place Dicks testimo-
1 A1 do uA w vi III VI lCuCACC ny AOttOOA
| of his having been convicted of
Infamous crimes. Your correspond
ent has learned facts in Titles his
tory which, it seems, have been for.
| gotten. 1t will be shown he served a
term in the Missouri penitentiary for
horse stealing, sentenced by the Mt.
| Vernon court in 1874, and came out
under the three-fourths rule. Various
opinions are held concerning testi-
mony given to-day. James sympa-
thizers say that the state has thus far
not made single point, while the
other side regard the testimony as the
| beginning of a chain of evidence
which cannot be broken by the de-
| Tense.
ST. LOUIS, August ga Post
Dispatch special from Gallatin Mo-.
says Frank James trial was resumed
at 8 o'clock this morning. The first
witness was Dick Little.
The defense Immediately objected
to the witness on the ground that he
was a convicted felon. having been
found guilty of grand larceny in Ver-
non county and sentenced to the peni-
Tertiary.
Prosecutor Wallace said he had a
copy of a full pardon restoring Little
to citizenship.
Objection was then made to the
copy, defense insisting that the orig
inal pardon should be introduced, and
then the attorneys for both sides con-
sumed two hours in arguing the force
of a pardon in legal sense.
At IL o'clock Judge Goodman Or
dered recess to give him time to
consider the point, which is one of
great Importance to the defense, since
Titles testimony is vital to the pros
ecution.
Ex-Gov. johnson stated this morn
ing that the testimony would all be in
by next Tuesday evening, and the
case would be given to the jury on
Wednesday.
| At 2 o'clock court was called to Or
der and the judge announced his d. :
cision. After reviewing authorities
he stated that the evidence of witness
was admissible.
The defense then objected that the
paper purporting to be a pardon was
only copy.
The state proposed to put the wit
ness on his voir dire, answering the
prosecutors questions.
The witness said he was sent to the
penitentiary from Vernon county in
1876, had a pardon and tore it up the
day after he got it.
Cross-examination: Don't remem-
Der who gave it to me. l tore it up
without reading it.
Defense raised the point that that
was no evidence that the witness ever
had pardon, as he did not read it.
The court decided the preliminary
proof sufficient.
The jury was brought in and the eX-
animation proceeded.
Continuing, witness said: Am
thirty-one years old, and was reared
in jackson county. There was band
known as the James boys. 1 became
member four years ago last fall.
Shortly afterward l left the state, GO
ing to Tennessee. In July, 1880, /
went to Nashville with Jesse James
and found Frank James and family
and Jesse's family, and st -yed nearly
year. Bill Ryan and Jim Cummins
came there. Frank took house in
Nashville, and lived there al 814
Fatherland street. In March, 1881,
Frank, Jesse and myself left there.
Bill Ryan got captured We got a
scare and lit out; went to Hite's place
and stayed a few days. Then we
went to a nephew of Hite's and after
ward came back there. Ar
rangements were made by Jesse
and Frank James and Wood Hite
to come out TO Missouri and
take an express train somewhere up
here. This was Ill May, 1881. Frank
went by the name of b. Woodson at
Nashville, and Jesse by the name OF
Howard. Jesse and came to Kear-
ney in May, 1881, and rode to Mrs
Samuels' farm. Frank arriI ed week
later. We found Clarence Hlte
there, and Wood Hite came after
ward. About a week later four OF
us started on horseback and met at
Ford's farm, near Richmond, arriving
at three o'clock in the morning. We
started out from there. but afterwards
went back. Several days later we
started out again and Wood went on
the train, the rest of rs on horseback.
We took horses near Richmond and
were to meet Wood Ilite at Gala
tin. We rode most of the night and
stopped next day and night with
Duties, a farmer. Proceeding,
we came close TO Gallatin.
j esse was then taken sick and we all
went back, the party scattering. Frank
and went to Ford's. A week after
we started again, travelling apart. j
got dinner near here and met others
near Winston. We left the horses and
went to town after dark. Jesse and
Frank, Wood and myself were to cap
ture the engineer and the others were
to take the baggage car.
ST. LOUIS, August 27.-A Post Dis.
patch Gallatin special says the James
trial was resumed this morning.
Mrs. Samuels, mother of Frank, was
sworn for the defense, after which
Dick Little was cross-examined. 1t
has leaked out that the defense will
endeavor to prove an alibi, Gen. Joe
Shelby being their principal witness,
and further, that the Winston gang
consisted of five men, but that
Jim Cummings was the fifth
man, andlnot Frank James.
The first fact brought out in the
cross examination was that the wit
ness had been convicted of horse
stealing and served in the peniten-
tiary. Witness was questioned min
utely as to his movements and the
movements of the gang during the
three years preceding the train rob-
berry, their trips to Hite's in Tennessee
and their return to Missouri. He saw
Gen. Shelby at his home in 1880. Cum
mings and two others were together,