Huntsville gazette., 1883-09-08

/ MIS-. EI1ZaDetl montgomery, VINO resides
| mile and half east of Winston, testified that
| some strange men ate at her house the even
| ing of the Winston robbery; the clock 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 n 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-
| ther of them had large blaze-faeed, sorrel
horse.
John L. Dean testified to 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 hlIn before; on
another occasion two men had drove up to his
shop whom he said he recognized as the men
he had shod horses for before the robbery.
Marion Duncan testified to a conversation
with Potts in the winter OF lss2 when he
| Winston, and he had shod a horse for him;
Potts was pretty boozy at the time.
Gus. A. Chapman testified that Potts told
him after visiting Gallatin jail that he did not
| know il he had ever seen defendant before,
| he could not tell.
The defense offered in evidence the record
| OF the trial and conviction OF Dick Llddeli Tor
| 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
| conversation which ensued regarding the
| ConcOrdia Bank robbery Jesse Indicated
| Liddel as the man who struck the cashier;
| had not seen Frank since 1872. MIS-. Frank
| 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
depredatons and her husband was getting the
credit for them; she wanted witness TO inter-
| cede with the Governor, but witness told her
it 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 Il woman in
| distress; the last time witness saw Jesse
James 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
/ conversation with Lddel in which he told
| witness that Frank James was not at winston.
| Thomas NJ Nimms, brother-in-law of de-
| fendant, testified to his knowledge of the
James brothers; was at Mrs. Samuels in the
| summer of 1881 twice: saw nothing of Frank
James and did not hear of his whereabouts;
| knew Wood Hte: there was strong resem-
blance between him and defendant; had not
seen defendant for number of years till he
visited him in Independence Jail; Wood
Hite in the summer of 1851. but not since
William Nicholson, another brother-in-iaw
| of defendant had never known defendant un-
til he met him last Thursday. Liddell, the
| Hites and Jesse James were at witness house
all through the summer of 1881; never saw
| Frank with any of them; there was a strong
| Frank James.
Robert J. Williams testified that Mrs Boil
| tons and Captain Ford 6 reputation for truth
| and veracity was bad. NJ. ID. Duval, John T.
| b. Elliott, John Millstadt and James b. Duval
testified to the same effect, particularly with
| regard to Ford.
b. 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.
| Shortly after the opening of court this
morning General Shelby appeared and pro-
ceeded to make an apology for certain 1rreg-
ularities in his conduct the day previous while
on the witness stand and after listening to
rebuke from the Court and settling line OF
ten dollars which had been entered up against
| him, withdrew. The testimony for the de-
| fense then proceeded.
| James S. Demasters, Justice of the Peace of
| Richmond, testified that he Oficiated at the
| inquest on Wood Hite, and that Mrs. Bolton
then testified that she had not seen Frank
James for two years.
James G. Mason. a neighbor Of the Foras,
| testified that Captain Ford told him that he did
| not think Frank James was in the Blue Cuf or
| Winston robberies, as Frank had left the bal
ance of the boys and settled down; had had
| conversations with Mrs. Ford and old man
| Ford to the same effect the latter stating that
| Frank James was not in the State at the time
| of the Winston affair.
| AnanlaS DuNal teSJlHeu tflaJ Ola HldH Oru
told him just after Jesse James was killed that
| he had never seen Frank and did not know
| when he was in the State.
| w. d. Rice, living near Richmond, testified
that Willie Bolton was working for him just
| after the Wood Hite inquest and that Wllll0
of his own motion told him that he had told a
| story at the Coroncrs inquest and that his
mother made him do it.
John T. Samuels, alf-brother of Frank
James, testified that he last saw Frank before
the Winston robbery in the year 1876, when ne ne
| was at home in Clay County; next saw him at
Independence after his surrender; was home
| all through the summer of 1881; saw Jesse in
| May, 1881, at home in company with DICK Lid
| dell. He stated that they had come from Ken
tucky; they arrived at night After they got
| there mother asked Jesse where Frank was.
| He replied he had left Frank in Kentucky, and
that Frank was in bad health and was talking
of going South. Mother then spoke to Dick
| Liddell about Frank, and he made about the
same response. Jesse remained at nome Tor
| two or three months off and on; last saw him
there about the last of July or the first of Au-
gust. During these three months | saw Dick
Liddell, Clarence and Wood Hite and Charley
Ford about the place. There was q striking
family resemblance between Wood Hite and
Frank James; saw nothing of Frank all that
summer.
Mrs Zerelda Samues. mother of Frank
James, testified that Jesse came home III May,
1881. Dick Liddell was with him. ''They SAID
they came from Kentucky, l asked where
Buck was, that being the name | call Frank.
He replied that he had left Frank in Ken
lucky in bad health said Son, you know he
dead. You NAV as well tell me first as last,
| / then turned to Liddell and asked MIN, and
he said Frank was alive, but was in Kentucky
and was in bad health. During that summer
Clarence and Wood Hite and Dick Liddell and
Charley Ford were at the house frequently:
Frank was not there during that summer, ana
/ did not see him from the time seven years
ago. when Sheriff Broome and others came
and shot him, till ! saw him after
his surrender. Jim Cummings was at
the house some time in June Of 1851. did not
at that time know where Frank was, but
thought he was dead. / am fifty-nine years
old and have six children. / was in my hf-
tieth wear when my arm was shot off and my
little boy was killed" Being asked whether,
when the men left the house after the Win
ston robbery, they did not take some strange
apparel with them, she said: Yes; gave
them a dress and apron and bonnet 50
that one of the gentlemen could pass on as
lady and you all couldn't catch en-
| Allen Palmer, a brother-in-law OF Frank
James testified to returning to his home IN
Wichita Falls, Texas about the lst OF August
1881 and found Frank James there with MS
family; he wore nothing but muStache on
his face; at that time there was no railroad
nearer than Fort Worth, one hundred miles
from where he lived; Frank seemed to be kind
of ill., said his lungs were affected.
Mrs. S. Palmer, wife of above witness, ,testhed
that Frank James was at her home at Wichita
Falls, Tex, from June, 1881, to July 1st, and
| after an absence of about four weeks return
ed the latter part of July and left finally In
| September. He talked about surrenderlng
SAYING he would like to have some of his
friends negotiate with the Governor OF MIS-