The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-08-25
The Frank James Trial.

81. LOUIS, ~
Dispatch Galiatin special says the
Jury that is trying the case OF the
State VS.. Frank James spent the
night in the sneriff's charge. 1t was
much discussed at hotels and the
opinion is generally expressed that
the verdict of guilty is out OF the
question, as a hung jury is probable
and an acuuittal possible. Promptly
at eight o'clock this morning the
court convened, the witnesses being
excluded from the court room. The
attendance was not so large as yes
terday. A number of ladies occupied
seats on the stage. Judge Goodman
announced the counsel would be al
lowed an hour in which to present
the case to the jury. Mr.. Wallace, at
torney for the state, read the IN
dictment and then told the
story of the Winston robbery and
manner of death of Mcmillan,
who was shot through the head as
he looked into the door of the smOk-
ing car. The three men in the smok-
ing car were Frank and Jessie James
and Wood Hite. He said the two
men who took possession of the en-
CINE were Dick Liddell and Clarence
1ite. Spert foreshadOwed the testl-
mony of the state by locating the
gang in Ray and Clay counties and
establishing their presence in Wins
ton on the day of the robbery. The
defence waived the right of presenta-
ton in their case and the taking OF
testimony was commenced. The
first witness, John L.. Penn, of Col
fax county, a stone mason who was
in the company of Mcmillan at the
time of his death. He related how
he and four others, including McMll-
Ian, boarded the car at Winston; how
three men came IN the with re-
volvers in each hand; how Mcmillan
was killed as he jumped up to look
through the window and all the cir
cums,ances of the robbery. On cross
examination he admitted he could
not identify either OF the three men
as thew were masked.
Adds Woicott, engineer of the
train, was the second witness, and
related how a couple of masked rob-
h~rS jumped on the train and forced
him to obey their orders at the muZ
zle of a revolver.
Frank Stamrer, baggage-man, told
his experience during the robbery;
how he was pulled from the a by
the leg and threatened with a re-
yniver.
CHARLES Murray, U. S. Express
agent, related how he was forced to
the safe by two masked men
armed with revolvers.
Two PHYSICIANS then testified as to
the nature of the wounds causing Nc
Milian's death.
This concluded the testimony for
the State so tar as the killing is con
cerned.
Court then adjourned until 1870,
whcn evidence will be addh: ed tend
Ing to connect Frank James with the
killing.
Governor C%rittenden arrived this
morning, and is an attentive auditor
in court.
The most intense excitement was
created about oOn when Judge Irv-
ing and Hatfield Davis, the two gen.
tlemen who were warned a day or
two ago to be careful in giving testl-
mony against Frank James, each re-
ceived the following letter:
ST. LOUIS, April %.
To Hu1tfczd Dnvis and Aler. Irving,
GIL ahn, 40.
GENTs:-Your evidence against
Frank James will be watched by
tried and true friends of the hero. No
one but the writer and one other
know how near Governor Crittenden
came to biting the dust in April, 'S2,
On the Sunday afternoon thai he rode
in the 1. A.. chair car from Jefferson
City to st. Louis. The pistol was
cooked twice, and only policy pre-
vented his being killed. Frank
James has hundreds of friends who
will never see him sacrificed, and
will come to his aid at the proper
time. Ii you r wise you will be
careful.
(Slgned) A. r. X.
The letter addressed to Davis is
written in red ink, in a free, bold
hand, and enclosed in an envelope,
and vas evidently mailed at the
depot. The letter to Cushing
is written in black ink and enclosed
in a plain envelope.