Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-04-24

THE case of the Mulberry train
robbers, in which Conductor Cain lost
his life, was called at Ozark last
Thursday. Among the witnesses
present was the brakeman Milt
Lester, who was shot and nearly killed
by the robbers. In reply to ques-
ton, Lester said: This is my first
trip since l was shot. l came down
here to appear against the robbers,
and as you see my eyes are none the
best yet. The shot struck me Just
beside the left eye here and put it out
altogether. The bullet is still in my
head, but it nearly went through.
That shot would have killed many a
man, but never gave up" After a
jury had been empanneled a change Of
venue was granted by the court,
and the trial is now announced for
the 7th prox. il johnson county.
Before announcing his decision
respecting the change, Mr.. E. H.
MatheS, of counsel for the prisoners.
made the following speech, which ap
pears in the Little Rock Gazette of
Sunday last:
IF the court please, l wish to make
few remarks which are not strictly
in accordance with legal practice.
When we obtained the opinion of the
court on the motion for a change of
benue, myself and colleague thought
vest to consult with the defendants in
regard to the matter. We have re.
ceived through the postofice an anon,
ymous card in which it is stated that
a change of venue will be attended
with great personal danger to the
prisoners, and we have received hints
from personal friends about mob law.
lynching, and other acts of violence.
We have considered the sit
uation in all its features.
we have consulted with our clients on
the matter, and have even gone SO far
as to advise them to withdraw the
motion, but they will not think of it;
they adhere to the motion. Now, as
| look around me here. and see the
faces of the empanneled Jury. the
faces Of the officers OF the
law, officers who have always done
their stern duty in the past and who
will never swerve in tho future, than
whom no county has a better or a
truer staff than Franklin, and the
faces of these assembled spectator
representing the best citizens of this
county; when | look around upon this
assemblage, l say, and remember that
our law says that whoever
shall lay his hand upon the
rope to lynch a prisoner, OF
shall assist in mob violence, or shall
assistin the killing of a prisoner. il
In law and fact a murderer. When |
remember all this cannot believe
that you will stain your hands in the
blood of these four men. Remember
fellow citizens, that it is the decision
of His Honor that the prisoners have
o right TO ask the change of venue
and he has granted the motion: and
remember, too, that whoever shall as
sist in their destruction is as much ;
murderer as either of them. Tn,
change will entail additional cost anC
trouble on our county,a cost of perhap
q dime upon each taxpayer, yet viii
you for this, after you have had thi
length of time to reflect and get cool
rashly attempt violence upon thes
men2 There has been crime commit
ted, | admit, and they are implicated
in it. Doubtless, if when they wer
first captured they had been shot dow
at once, every honest man in tn,
county would have said amen" Blu
that alters not the case. However, b.
the result what it may, our skirts ar
free. We told these prisoners tn,
facts, and all our fears, and | hav
now publicly repeated them"