The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-08-29
1HE MISSOURI OUTLAW.

Proceedings of the James Trial-The De-
fense Confident of AcquittaI-Dick Lid
dells Evidence.
ST. LOUIS, Aug. 27.-Dispatches from Gal
latin state the attorneys for the defense in the
Frank James trial express great confidence
that if James is convicted, OF which they do
not seem TO have any fear, they can secure q
reversal on several grounds. The chief of
these are that the alleged pardon of Liddell
contained nothing indicating that Governor
Brockmeyer actually INTENDED to pardon the
convict, but the document was simply q COM
mutation of sentence, hence his testimony
was not admissible. 1t is also held
that not only is it fact, but that
Judge Goodman distinctly ruled that before
the pardon could become operative the State
must prove that it was delivered to the con
vict, and yet the Judge, after ascsrtaining
from the witness that be did not know
whether he had ever received any such docu-
ment as was offered here in Court, and tha:
he did not in fact know whether he lad ever
received a pardon at all or not admitted the
document in evidence, and declared the wit
ness competent 10 testify. There are still
other grounds upon which the defense rely,
counsel intend to fight the case to the bitter
end. On the other hand, the prosecution is
equally determined.
MIR. Wallace, the leading attorney for the
State, says even had the Court ruled out the
pardon or declared the witness in
competent, he would Immediately have
applied 10 Governor Crittenden, who was
present, for a full pardon for Liddell, and
the Governor would have been under the
Dece ssity of granting ii because to refuse TO
do so would be to virtually pardon Frank
James.
The trial was resumed this morning. Mrs.
Ssmuels, mother Of Frank James, was sworn
for the defense. After which Dick Liddell
was cross-exsmined. 1t has leaked out that
the defense will endeavor TO prove an alibi,
General Joe Shelby being their principal
witness, and further that the Winston gang
consisted OF five men, but that Bill Cum
minps was the fifth man, not Frank James
TIE first fact brought out in examination
was that the witness has been convicted OF
horse stealing and questioned minutely as
TO mis- movements OF the gang during
the three years preceding the train robbery,
their trips to Hite-s in Tennessee, and
thtir return to Missouri. Saw General Shell
by at his house in 1850. Cummings and
went together; Jesse James and Bill Ryan
were behind. Witness denied that Shelby
said to Jesse James that two young men had
been arrested for the COncordia bsnk rob
berry, and he (Shelby) did not believe they
bad anything 10 90 vito it, and Jesse re-
piled, pointing 10 the witness, There is the
man who hit the Dutch Cashier on the
head" Witness maintained be had heard
no such conversation. After detailing
further movements the witness said the ar
rar cement to come to Missouri was perfected
at Bob Halls house, in Tennessee. Frank
James was not present.
The defense lay great stress on this point.
The witness then narrated his trip, which
terminated in the Winston robbery, his di-
rect testimony being unshaken.
Liddell was asked III, in COM
pany with Jesse James, Wood Hite and
Jim Cummings, he did not meet General Joe
Shelby in lane near the Shelby House inst
after the Winston robbery, and Shelby said
TO Jesse, 81 thought you were dead" and
Jesse replied "You see am not"
Where is Frank?' asked: the. General
His health was SO bad that be has been
South for several years. replied Jesse. and
did rot the witness say that he had not seen
f. James for two years? The witness an
swered that he had not seen General Shelby
since the robbery until he met him in Kan
sas City last Thursday. The witness further
denied that he had told several other per
sons that Frank James was not at the Wins
ton robbery.