The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1883-09-06
FRANK JAMES AT THE BAR.

The Trial of the Notorious Bandit Com
menced-Opening of the Case by States
Attorney walIace-Testimony for tho
Prosecution.-The Defense-Attempt to
Prove an AlIbi-Testimony Showing that
Frank James was Not at Winston.
GALLATIN, Mo-, Aug. %.
The hearing of testimony in the case of the
State VS.. Frank James was resumed this
morning. A few minutes after eight o'clock
Dick Liddell was called to the stand, when MIR.
Phillips objected to his testifying on the
ground that he had been convicted of felony.
After lengthy argument on the various
points pro and con, the Court decided that the
defense had not sufficiently sustained their
objection to Liddell being permitted 10 testify.
Liddell then testified that he was sent TO
the Penitentiary in 1874 and never again. He
was pardoned for that Otfense, but had since
torn the pardon up.
He detailed infinitely his acquaintance with
the james boys and his connection with them,
embracing the time from 1870 up to the rob-
,ling of the Winston train and the commission
of the murder for which Frank James is now
on trial. After giving an account OF the ar
engagements for the robbery and the meeting
of the members of the gang at an appointed
rendezvous, the witness testified: The arrange
ment was that | and Clarence should capture
the engineer and the others dothe rest. Ciar-
cnce and got back of the tender and went
over on top of the engine, We had two pis-
Then we hoilered to go ahead. We shot to
scare those fellows, who both ran onto the
pilot. The first run was about 200 yards, then
a stop. Then the engineer opened the throt-
tie to the usual level. We couldn't stop it.
Frank came on and shut off steam, and as she
slackened we jumped off while it was running.
Frank and Clarence got OFF first. l went back
after Jesse, who was still in the express car.
Jesse jumped first and | followed. We got
500 or $500 that night in packages; 1t was
all good money. We all got together then,
except Wood who had been knocked down
as Frank pulled the baggageman out of the
car, and we never saw him. Frank talked to
me about the robbery afterwaPd. He said he
thought they had killed two men. Jesse said
he shot one he knew, and that Frank killed
one. He saw him peep in at the window and
thought he killed him. From there we went
to our horses, taking our time. We all I'M
hltched, except Clarence, who cut his halter
strap. From there we went to Crooked River.
The money was divided in a pasture. just
before daylight. Jesse divided, giving us
about $40 apiece, before we got to
Crooked River. Wood and I then
went to Ford's The others went to-
ward their mothers. ] Staid at Ford's about
Il week, and then went to Mrs Samuels, but
found no one but the family there. Jesse and
Frank came to the FOrd's week later, and
then all five of US went to Mrs. SamuelS. We
left in wagon. All the horses had been pre-
viously turned loose. Wewere all armed with
pistols at Winston. ] went back to Jefferson
City with Sheriff Timberlake in 1882, in Janua-
ry or February. l was there shortly after that
with Mr.. Craig, of Kansas City. | SAW Cover
nor Crittenden both times, first at the depot
and the other time at his Office l don't re-
member telling the Governor at either of
those times that after the Winston robbery
Frank James upbraided Jesse for killing any
one, or reminded him of the agreement be-
fore the robbery that no one should be hurt
or killed.
Governor Crittenden, by consent, testified:
Liddell did make such a statement to me as
propOunded just now. i think it was the sec
Ond time he was at jefferson City. 1t grew
out of my asking him why they killed an innO-
cent man engaged in his duties. He said that
it was not the intention to do it; that the I'M
Outstanding was there was to be no killing;
that Frank had said there was to be no blood
shed, and that after it was over Frank said,
Jesse, why did you shoot that man? thought |
the understanding was that no one was TO be
killed, and would not have gone into it if l |
had known or thought there was to be any |
thing of that sort done" To which Jesse said, |
Thought that the boys were pulling from |
me, and wanted to make them a common |
band of murderers to hold them up to me-"
Don't remember that there was any place fixed |
at which the conversation first quoted occur |
red, but 1t was after the robbery that the |
question was asked why Jesse had killed that |
innocent man engaged in his duties. By that |
man referred to Conductor Westfall, and not |
20 Mcmillan, whose killing is the basis of this |
action.