Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-08-25
NOT GUILTY
The Verdict Anticipated in the
lanes Trial,
BEGUN At eAlLATlN YESTERDAY
The State Maps Out Its Theory of the
Crime, and the Taking of Testi-
mony Commenced-A Hard
Crowd in Town,

GALLArIN, Mo, August 24.-The jury that
is trying the case Of the State VS.. Frank
James, spent the night in charge of the
! sheriff. 1t was much discussed at the
hotels, and the opinion is generally ex-
| pressed that a verdict of guilty is out of
the question. A hung jury is probable,
and an acquittal possible. The fact that it
is solid Democratic jury, the youth and
associationsOf four of the members, and the
ex'Confederate record of six Of the number,
give rise to this belief. Last night Dick
Liddell and Mrs. Hite arrived. Liddell
this morning showed up on the streets
with
Two Long Navy ReVOIvers
strapped TO his waist.
Promptly at eight o'clock this morning
court cOnTened, the witnesses being ex.
ciuded from the court room. The attend
aDce was not so large as yesterday. A num-
Der of ladies occupied seats on the old
stage. Judge Goodman announced that
counsel would be allowed au hour in which
10 present the case to the Jury. Mr.. Wal.
lace, for the State, read the indictment and
told the story of the Winston robbery and
the manner Of the death Of Mcmillan, who
was shot through the head as he looked
into the door of the smoking car. There
were three men in the smoking car. he
sald, Frank and Jessie James and Wood
Hite. The two men who took possession
OF the engine were Dick Liddell and Clar-
euce Hite. Mr. Wallace then went into
The History of the Conspiracy
To rob the train at Winston, and the lif |
Of the James boys in Tennessee, giving the |
organization OF the band, etc Testimony |
n . hn 1r0N Nj glg ,l,N Il.
before leaving Kentucky shipped some |
implements OF rObbing TO John Ford, a
brother of Bob Ford. Mr.. Wallace then
iureshadOwed the testimony of the State,
Il coating the gang in Clsy and Ray cOun.
ties, and establishing their presence in the
y'Cnlty OF Winston on the day of the
robbery,
The Defense
waived its right to a presentation of
their case, and the taking of testimony |
commenced.
The lirst witness was J. l. Penn. OF Col |
tN, Iowa stone mason, who was in the
.umpauy OF Mcmillan at the time OF his
:eath. He related how he and four others,
including Mcmillan, boarded the car at |
" lnston; how three men came in the car
3 tn revOlvers in each hand; how McMil- |
sn walked up 70 LOOK through the win
low, and all the circumstances of this !
o6bery. On cross examination he admit.
ed he couldn't identify any OF the three |
ueD, as they were masked.
Adds WIlCOtt, engineer of the train, |
vas the second witness. He related how |
couple Of masked men jumped on the
rain and compelled him to obey orders |
t the
MHzEIe of Their ReyOlVers.
Frank Stamper, the baggage man told
lis experience during the robbery. How
e was pulled from the car by the leg and
hreatened With arevo!yer. l
Charles Murray, United States Express
agent on the train, related how he was =
orCed 20 open the safe by two men in ,
n sSkE FhH s'rNs1 80 hirs, r-'th TP-4Isy7=r,. |
nature of the wound causing NC" hllaUns
eath. .L
This concluded the testimony OF the
state in so far As the killing IS concerned
md The court then adjourned until l.nO
. wien evidence will be adiuced tending |
=, connect Frank James with the killing.
GOV. Crittendpn arrived this forenoon,
md i an attentive auditor In court.
Governor CrIttenden n witness.
KANSAS CITY. August II -GOvernor Crlt-
.snden arrived last night from Jefferson
rity and left this mOruiag Tor H4lIaln,
where he has been subp naei by the Ie-
'epSe to testify at the James trlal. Inc
;oysruOr SAYS he cannot imagine wnat
.hsy eypeCt 70 prove by him, except the
mere fact Of Franks surrender.