The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1883-08-31
BOLsTERING UP rHE BANDIT.
The Defense in the Frank James Case
Start or in Good shspe-What They
will Attempt TO Prove-T estimony Given
Yesterday Shelby Wants 70 Fight.

defense was agreed upon at a consultation
Of Frank James attorneys Yesterday, and,
briefly stated, is an aibi and mistaken iden-
THY.
the defense will be that Frank James
was not connected In any way with the
Winston robbery; that he was not in the
State; that his prosecution Is the result of a
conspiracy on the part OF Liddeil, the
FOrds, Bottoms, the officials aud the rail.
roads; that Llddell did his testifying 10
save his neck, and in pursuance OF an agree
ment to spare his neck il James Is con-
ylcted; that the Fords aud Mrs. Bolton are
in the same boat with him, actuated by
desire TO get rid of@ Frank,
to prevent bis ayenging Jesse's
death that the officials are actuated by re.
venge, becasse Frank did not surrender to
them or permit himself TO be captured by
them, aud by an ambition TO convict. The
defense will be able 10 account for the fifth
man IN the robbery, aud show who It was
that was seen in the nelghborhood OF the
crime. The defense will also insist that the
identification is so conflicting that no ver-
dict should be found, even though II
should offer no testimony. The defense
will account for the whereabouts OF Frank
at the time.
JOHN DEAN,
farmer living seven miles southwest of
Gallatin, testified to having been at the
hi Ch ~ har
20, 1881, when two men came up in
wagon TO have something done to the
vehicle. When they went away, Potts, who
seemed very much excited, said, "those
ate the two men for whom | shod the horses
before the Winston robbery Witness
! had good look at the men, and defendant
! was positively not one OF them. Jonas
| Potts visited Independence when Frank
| James was IN joii. On his return witness
asked: did you see Frank Jamesr'
Yes, - was the answer, ~ saw him for
| the first time in my lite.'
MARION DUNCAN,
farmer, living three and a half miles
! from Winston, testified that Potts, the
blacksmith, had said to him that he recog-
! nized picture OF Jesse James after he was
] hllltu a. liat VI lbt iIlCu WuOst uDIht uhu
! shod. Potts had been to town and came
| back pretty booty.
| q. A CHAPMAN
| testified that Potts said on his return from
the Independence Jail that he really did not
know whether Frank James was the man
| whose horse be shod or not.
| Mr., Rushe opened the case for the de-
| Tense by half hours speech, saying he
/ expected to prove that all Of the chief wit
| nesses for the state we're conspirstors who
had personal ends to serve by securing the
conviction OF the defendant, and that the
other witnesses, under the influence Of
persuasion, had schooled their minds to
believe chat they actually remembered the
defendant as one OF the men in the vicinity
Of the robbery. The defense then began
its prosecution Of the case, proving by two
Nashville witnesses the steady habits and
good character OF Frank James while he
resided there; proving by a lawyer
VINO was on the train, ami
who critically examined the
robbery in the smoking car, that Frank
James in no wise resem bied either OF them !;
| proving the blacksmith. who so positively
identified the prisoner, made TO them en-
tirey different statements-to the effect that
he saw him in Jail; aud finally proving by
lady and her daughter, at whose house the
two men were described by the state q wit
nesses stopped on the day OF the robbery
that the defendant did not resemble either
OF them. The record OF Dick Lddsil's
conviction for horse stealing was offered
rs an mpeachment OF the iuformer's .esti-
mony. i Aiu. the discussion Of tue OBJ
lection made 10 its admissibiIity, the court
took recess until TO- morrow morning.
GEN. JOE SHELBY AGAIN.
There was considerable OF a sensation
caused by the circulation OF a report that
General Joe Shelby has challenged Louis
Lampkin to mortal combat. Lampkin Is
the editor Of the Gallstin Daily Democrat
and that paper published highly spiced
account of the affair o Tuesday night. at
the Palace hota, In his paper este rday
morning. The General at once had
prepared challenge IN the pre-
scribed form, demanding the satisfaction OF
n gentleman, Major McGotfin was to hand
the miSsive to Mr.. Lampkin. A cool head
ed friend OF Shelby's interfered aud Undue
ed the Major not to deliver the challenge
until an opportunity for a retractio be
given. This morning the Democrat in a
half. hearted way explains that it had no
animus. Shelby Is dissatisfied and desires
n more distinct apology. There may be