The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1883-09-04
The Frnnk lanes TrinI.

GALLAIlN, MO-, SEPT, 3, Judge hOOls
man not having completed his instructions
to The jury court did not convene until
half-past O'Clock. Mrs. Frank ia mes,
pIai drcs ed in grey street costume, aC-
Companied by her little boy, made her first
appearance in the court room during the
tri1l, and took a seat beside her husband.
The defendant is looking quite hacgard,
and has been in III health for several DAYS.
lhe court said that each side would be
given ten hours in which to present their
arguments, which will permit the case TO 90
to the jury by Wednesday noon. The order
Of speaking was announced by the
court ~ follows: First, state; second,
defense; third, defense; fourth, state;
nth, defense; sixth, defense; seventh,
state; eight, defense; ninth, State. There
was some objection to this order upon the
part of the defense, which did not relish
the idea of having johnson tandwiched
between Shank in and Wallace, The law
yer, could not agree, 50 the court arbitra-
rily fixed the order As above. To this the
defense noted an exception. The court,
upon motion Of Mr. Shankin. extended
the time OF the defense To twelve hours,
and ordered that court hereafter convene at
q o'clock. This carry the Arguments over
to Wednesday night The instructions for
STATE and defendant were then read. The
instructions for murder in the second
degree mentioned above does
not amount to much, as it
can only be returned as separate entire
" from the robbery. The killing Of Nc
MILAN by any member OF the gang while
pursuing the robbery, il defendant is be-
Iieved 10 have been one OF the party. is
murder in the first degree. The instruc
tions a, TO the credibiiity Of witnesses we're
very clear aud favorable to the defense, the
jury being Instructed that the testimony Of
associates in crime requires corrohoration
TO the extent OF certainty. Mr.. W. ID.
Hamilton, prosecuting attorney OF Dayiess
county, opened the case for the slate. He
dwelt upon the great importance and
| Cnmpiimented the jury in the approved
style and denied that the state had used any
unfair means in the gathering Of testimony
against the defendant. He Desought the
| jury TO beware Of outside influences and
prejudiccs; to cast them Of and look calm e
ly at the law and evidence. The speaker
recalled the horror and indigua-
ton OF the people in the country all
about. when, despite the civilization OF the
age, despite the strength Of law, that rail-
road train in popular and thriving section
OF great state could De thus stopped and
robbed, and thst the bandits could thus
escape in the twinkling Of an eye and leave
no trace behind them, The circumstances
Immediately surrounding the crime were
detailed and the claim made that the state
had made good every claim Of conspiracy.
The evidence Of Dick Liddel, corroborated
AZ it has been. is sufficient to convict, and
there /, sufficient evidence 10 convict out
side Of Dick Liddell. To deny Frank
James presence at Winston after establish
ing his presence with the gang in the
vicinity would be worse than boiled
down nonsense. The defense admitted
the presence Of the gang at VIM
ston. but violently, and in defiance OF rea-
son and the evidence, deny the presence Of
defendant At the robbery. Eddel's eri-
dence has been corroborated in every par
ts6ir by unimpeached and disinterested
witnesses. BE predicted that the defense
would lavish much attention upon Dick
LiddeU. sai confessed murderer and
horse.thiei but asked the jury to remem.
Der that the robbers in hunting their asso.
ciatcs generally picked Oh such a man
As Dick LiddelL The high standing OF the
Dayjess comfy witnesses who had met the
gang before the robbery was dwelt upon a!
length. and the entire testimony wa, casu-
ally reviewed. At ll.30 Mr.. Hamilton
concluded, wnen court adlourne until 1880
u. m, al which time John NJ. Glover open.
ed for the defense.
JOHN ". GLOVER
opened By declaring his intention OF dis.
cussing tho testimony Of Dick Liddel and
the Ford, OUTFIT from Ray county, but he
would discuss the evidence Of the reputable
| citizens Of Davies county, who claimed to
have seen the robbers previous to the
affair at Winston, and By their state.
ments to prove that there were but
four men at the robbery. The speaker
! then read extracts OF the testi-
mory all bearing upon the
four men theory and he shooting by Wood
Uite, who might readily be mistaken for
| Frank James. Dick LiddeIl's testimony,
and that Of all other witnesses meyer
| showed more than four men together st a
| time 1hs fifth man, according to Lid.
deli was always on the train, God knows
When he got Of,