The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1883-09-06
TIE DEFENSE.
GALLATIN, Mo-, Al

| TIE DEF ENSE
| GALLATIN, Mo-, Aug. go
| A few minutes aftereight o'clock this morn
ing Mr.. Rush commenced the opening state
ment for the defense. The chief point he
claimed, would be that Frank James was not
| at Winston. 1t would be commended that the
| testimony of an accomplice was insufficient
| to convict unless cOrrOb6rated as to the main
! facts. The character of Mrs. Bolton and Lid
! dell, as well as other principal witnesses for
! the State, would be shown to be such as to
render them unworthy of belief.
There would be testimony to contradict that
| of such men as Jonas Potts and Ezra SCue,
and a witness would be produced who was
| on the train that was robbed. The latter
would swear that Frank james was not in the
car. 1t should be shown, too, that there was
conspiracy TO prosecute the defendant with
Liddell as the chief plotter, and the FordS
and Bottoms as cO-conSpiratOrS.
The officers of the law from Kansas City
were in this trial actuated by revenge, as they
failed to get the reward of 100000 which would
have gone to them if the accused had surren-
dered at Kansas City.
AS to the man the States witnesses saw at
different places, it would be urged that this
was Il man who was like Frank James, but
who, in fact, was somebody else. The case
was one of mistaken identity, and it would be
proven where Frank James really was. The
defendants counsel had been unable to fol-
low the maze of Liddelrs testimony, because
their client could not assist Them he being
just as ignorant of the details of the Winston
robbery as they were.
The first witness called was Sam T. Brosius,
who was on the train at the time of the Win
ston robbery. He testified to seeing the con-
ductor shot and to the appearance of the rob-
berS who entered the car where he was, whom
he described US having full boards. He was
certain the defendant was not one of them.
Fletcher w. Horn, a Nashville detective,
knew b. j. WoOdSOn in Nashville first in 1877;
saw him as often as once a week; he always
acted as gentleman and kept good company;
saw him last in March, 1881; he wore sandy
whiskers, short on the sides and long on the
chin: had seen Dick Liddell occasionally, but
never saw him and defendant together; knew
Jesse James as j. b. Howard; never knew
Woodson and Howard were the James broth
ers; thought he knew Jim Cummings, but did
not know the Hites.
Raymond b. Sloan, an attorney of Nash
vile. knew defendant as B. J. WoodsOn in
Nashville first in the winter of 1851; he was
living in the old Felix Smith house; last saw
him March 26, 1881; he had light sandy whis-
kerS all over his face; was engaged as defend
ants attorney August g..
Mrs. Elizabeth Montgomery, who resides a
mile and half east of Winston, testified that
some strange men ate at her house the even
ing of the Winston robbery; the clock struck
seven before they finished; the younger man
was the taller and light-cOmpleXioned, with
Burnside whiskers and mustache; one of their
horses was bay, the other shade lighter;
thought defendant was not one of them, but
not positive.
Miss NJ. Montgomery. daughter of the pre-
-
statement; did not think defendant was one
of the men, but wouldn't say positively; nei-
Their of them had large, blaze-faced, sOrrel
horse.
John L. Dean testified to conversation with
Jonas Potts, the blacksmith, in which the lat
ter told him he had been to see Frank James,
and that he had never seen him before; on
another occasion two men had drove up to his
shop whom he said he recognized as the men
he had shOd horses for before the robbery.
Marion Duncan testified to Il conversation
when
said he had seen Jesse James picture at
Winston, and he had shod horse for him;
Potts was pretty booty at the time.
Gus A. Chapman testified that Potts told
him after visiting Gallatin Jail that he did not
know if he had ever seen defendant before,
he could not tell.
of the trial and conviction of Dick Liddell for
horse-stealing in Vernon County in 1874, which
was read 10 the jury,
Joseph A. Shelby testified to his acquaint-
ance with the James brothers. Dick Liddell,
alias Black, Bill Ryan and Jim Cummings,
Jesse and the three latter visited his place in
1880, in company with Jesse James, and in a
conversation which enSued regarding the
COncOrda Bank robbery Jesse indicated
Liddell as the man who struck the cashier;
had not seen Frank since 1872. Mrs. Frank
James came to Page City in the Spring of 1881
and sent for witness, who went and saw her;
she said Liddell and others were committing
depredatiOns and her husband was getting the
credit for them; she wanted witness to inter
cede with the Governor, but witness told her
it would be folly to do so: did not know what
time the sewing machine arrived and did not
know where Mrs. James directed it TO be
shipped to; was only assisting a woman in
distress: the last time witness saw Jesse
James was in the Fall of 1881; Frank James
was bleeding at the lungs in 1872 and stopped
at witness house sixty or eighty days; did not
know he was fugitive from justice.
J. B. Chiles of Kansas City, testified to a
conversation with Liddell in which he told
witness that Frank James was not at Winston.
Thomas NJ NimmS, brother-in-law of de-
PENDANT, testified to his knowledge of the
James brothers; was at Mrs. Samuels in the
summer of 1881 twice: saw nothing of Frank
James and did not hear of his whereabouts;
knew Wood Hite: there was strong resem-
blance between him and defendant; had not
seen defendant for number of years till he
visited him in independence Jail; saw Wood
Hite i'll the summer of 1881. but not since.
William Nicholson, another brother-in-iaw
of defendant, had never known defendant I'M
til he met him last Thursday. Liddell, the
HiteS and Jesse James were at witness house
all through the summer of 1881; never saw
Frank with any of them; there was a strong
family resemblance between Wood Hite and
Frank James.
Robert J. Williams testified that Mrs Boil
toms and Captain Ford's reputation for truth
and veracity was bad. N. ID. Duval John T.
Horval George W. Trigg, James l.. Ferris A
B. Elliott, John Millstadt and James B. Duyal
testified to the same effect, particularly with
regard to Ford.
D. D. woodson said Ford's reputation was
bad, which grew out of the fact that the James
gang were rendezvouing at the Ford house