New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-08-31
The Defence IN THE JA4Es TRIAL
AN ALIBI AND MISTAKEN IDENTITY-TnE EVIDENCE
A LOCAL QUARREL
IBY TELEGRAPH TO THE TRIBUSE.I

IBY TELEGRAPH TO THE TRIBUNE
GALLATIN, Mo-, Aug. 3O.-Last night
Frank Jamess attorneys held prOtraced consultation
over the question of the defence and it finally
agreed that briefly stated should consist of alib
with the establishment of reasonable proof that tine wit
WHO testified that they saw the defendant near
Winston before and after the train robbery we're mis-
taken. They will claim that he had connection with
the Winston robbery and that he not even IN the
State at the time. Where they will say he was Is not
known; but the presence OF Dave" Poole, the old
guerilla wealthy stock man Of Texas, and Allen
Palmer, the prisoners brothern-aw also OF Texas
gives rise to the belief that attempt will be made to
prove that he State 1t will be held that the
prosecution is the result OF conspiracy between Ldde
Fords the Bottoms, the railroads and the officials 10
destroy James at all cost and that Ldden testified as
he did In the hope sf saving his and in pur-
suance OF agreement to secure his pardon for the
Wood Hire murder II James is convicted They will try
TO that the Fords and their sister, Mrs Bolton
desire Fangs death becse they fear his vengeance Tor
the murder of his brother JESSE They Will also en-
deavor to account for the fifth in the robbery,
proving that it he who mistaken for the pris-
there and at other places In the neigh oorhood
The opening statement to the jury was made by MI
Rush for the defence, this morning, he dwelling at
length upon the prisoners efforts TO escape from life OF
crime Witnesses for the defence then examined,
the first being $. T. Brosus Gaatn lawyer who was
In the smoking the time the robbers, who Killed
Westfa entered and the conductor was shot The ueed
was DONE said by the larger OF the two; man Of
about 200 pounds weight" He was positive that the
prisoner was not the man. On the cross examination
the witness ackno lodged that he lodged under the
seats the irng began that ne could not identity
either Of the robbers II they were brought before hl
though he who not there
Fletcher Hearn, an AshVllle detective, VINO knew to
prisoner Wovdson Tennessee, gave him "A good
character as industrious gentleman who worked
hard grain-buyng aud horse raising The prisoner
owned the racehorse Jim Malone and one or two other
good ones ,.- -.
Dean farmer titled that John Potts the states VIII
whp had identified the prisoner AS visitor a. us
blacksu had told hun that he irst saw James
In the jan Other wne :ses were also csea ~ ialed
Potts had said his return from visiting the prs
at the Independence Jail that he did not Know
whether Frank James was the man whose morse nc nau
Thus lar the defence opened amely and the ruling
excitement is caused Dy the fact that General ice
Shelby at whose house the James boys and their friends
used TO meet has challenged the editor OF Ihe Gona'
Democrat accountthe latter published OF the CEN
erals escapade Palace Hotel, when he nllstOok
TIE Chicago drummer for Liidell. the inforiner The
editor this morning published statement denying any
anmus In the but Shelby has publicly announced
that this is satisfactory and that he VIII go cunning
for the editor after the manner OF the country sut
able puoLc apology Is not made The friends OF po'n
gentlemen endeayoIng 10 preserve the peace, Dul
duel al sight is likely TO happen at any moment
At session OF tue court the nrst witness
called General Shelby, who testined tna one day IN
fall OF 1880 returning from his henphed 10 hs
house. he found Jesse James, Jim" Cummings, Bin
at this meeting that Jesse stated thnt
Iiddell had roboed the Concordia Bank AT another
tme the fall OF 1881. Jesse James one OF the ites
Cummings and Liddell cane 70 his house, ana Jetse
said Frank had been South for years and Lddel
said had him Tor twoyears The witness know
dozen times, and knew him IN the Confederate Army
nave not Frank James since 1872 He was at that
time lying at my house being Soctored i0r Sou.
DINER than at the time nave referred TO-