Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-09-13

Attorney WalIace-TestimOny for the
PrOsecution.-The Defense-Attempt to
Prove an AI1bi-TestimOny Showing that
Frank James was Not at Winston.
THE DEFENSE.
GALLATIN, Mo-, Aug. 80.
A few minutes after eight 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. It would be commended that the
testimony of an accomplice was insufficient
to convict unless corrObOrated 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 SOule,
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
a 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 $40, 600 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 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 LiddelPs 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 Il. 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 as 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 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. Il. Howard; never knew
Woodson and Howard were the James broth
ers; thought he knew i'm Cummings, but did
not know the Hites.
Raymond b. Sloan, an attorney of Nash
Ville, knew defendant as b. j. WOOdSOn in
Nashville first in the winter of lS76-77; he was
living in the old Felix Smith house; last saw
him March rs, 1851; he had light sandy whis
kers all over his face; was engaged as defend
ants attorney August 8.
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 clook 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-
ceding witness, cOrrObOrated her mothers
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 a 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 the men
he had shod horses for before the robbery.
Marion Duncan testified to a conversation
with Potts in the winter of 1928, when he
said he had seen Jesse James picture at
Potts was pretty booty at the time.
Gus. A. Chapman testified that Potts told
him after visiting Gallatin Jail that he did not
know II he had ever seen defendant before,
he could not tell.
The defense offered in evidence the record
of the trial and conviction of Dick Liddell for
horse-stealing in Vernon County in 1874, which
was read TO 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
Concordia Bank robbery Jesse indicated
1iddell as the man who struck the cashier;
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
1T 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 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 M. Nimms, brother-in-law of de-
PENDANT, testified to his knowledge of the
James brothers. was at Mrs. Samuels' in the
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 in 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. Lddell, the
Hites and Jesse James were at witness house
all through the summer of 1881; never saw
Frank with any of them; there was q strong
family resemblance between Wood Hite and
Frank James.
Robert j. Williams testified that Mrs Boil
tons and Captain Fords reputation for truth
and veracity was bad. NJ. ID. Duyal John T
Norval, George w. Trigg, James l.. Ferris, A
b. Elliott, John Millstadt and James b. Duva
testified to the same effect, particularly with
ID. ID. Woodson said Ford's reputation was
bad, which grew out of the fact that the James
gang were rendezvouing at the Ford house
GALLATIN, Mo-, Aug. 81.
morning General Shelby appeared and pro
ceeded to make an apology for certain irreg
ularities in his conduct the day previous while
on the witness stand, and after listening to
rebuke from the Court and settling fine 81
ten dollars which had been entered up agains
him, withdrew. The testimony for the de
Tense then proceeded.
James S. Demasters, Justice of the Peace o.
Richmond, testified that he officiated at the
inquest on Wood Hite, and that Mrs. BOltoI
then testified that she had not seen Franz
James for two years.
James c. Mason, a neighbor of the Fords
testified that Captain Ford told him that he die
not think Frank James was in the Blue Cut o.
. Winston robberies, as Frank had left the bal
ance of the boys and settled down; had hat
conversations with Mrs. Ford and old maj
Ford tothe same effect, the latter stating tina
Frank James was not in the State at the tim
of the Winston affair
Ananias Duval testified that old man For
told him just after Jesse James was killed tina
he had never seen Frank and did not know
when he was in the State.
w. ID: Rice, living near Richmond, testifeC