The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-08-25
THE CRIMINAL RECORD.
The Trial OF Frank Notwithstanding Let
tiers to Witnesses.

cial from Gallatin, Mo-. says 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 expressed that verdict
of guilty is out of the question. hung
jury is probable, and acquittal possible.
The solid Democracy of the jury, the youth
and associations Of four of the number, and
the ex-confederate record of eight of the
number give rise to this belief. Last night
Dick Liddell and Mrs. Hte arrived. Liddell
this morning showed up on the streets with
two long navy revolvers strapped to his
waist.
Promptly at 8 o'clock this morning the
court convened, the witnesses being excluded
from the courtroom. The attendance was
not so large as yesterday, but a number of
ladies occupied seats on the stage. Judge
Goodman announced that counsel would be
allowed an hour in which to present the
case to the jury.
Mr.. Wallace. for the state, read the in
dictment and told the story of the Winston
robbery and the manner of death of McMil-
LAM who was shot through the head as he
looked out the door of the smoking-car.
| The three men in the smok
ing-car, he said were Frank and Jesse
James and Wood Hite The two men who took
possession of the engine were Dick Liddell
and Clarence Hite. Mr.. Wallace then went
into history of the conspiracy to rob the
| train at Winston and the life of the James
boys in Tennessee, giving the organization of
the band, etc. Testimony will be introduced
show 10 hafn
lucky, shipped some implements of robbery
to John Ford, q brother of Bob. Ford. Mr..
Wallace then foreshadowed the testimony
of the State, locating the gang in Clay and
Ray counties, and establishing their pres
ence in the vicinity of Winston on the day
of the robbery.
The defense waived its right to presenta-
ton OF their case and the TAX
ing of testimony commenced. The
| first witness was John L. Penn, of
Colfax, Ia, stone mason, who was in the
company of Mcmillan at the time of his
death. He related how he and four others,
including Mcmillan, boarded the car at
| Winston; how three men came in the car
with revolvers in each hand; how Mcmillan
was killed as he jumped up to look through
window, and all the circumstances of the
robbery. On cross-examination he admitted
that he could not identity any of the men,
as they were masked
Adds. Wolcott, engineer of the train, the
second witness, related how a couple of
masked robbers jumped on the train
and forced him to obey their orders at the
| muzzle of revolvers.
Frank Stamper, the baggageman, told his
experience during the robbery; how he was
pulled from his car by one leg and threat
ened with a revolver. Charles Murray,
| United States Express agent on the train,
told how he was forced to open the safe by
two men in Masks armed with revolvers.
l
| OF the wounds causing McMillan's death.
| This concluded the testimony of the State
i'll so far as the killing is concerned.
The most intense excitement was caused
about noon, when Judge Irving and fairfield
Davis the two gentlemen who were warned
a day or two ago to be careful in giving testi-
mony against Frank James, each received
the following letter.
ST. LOUIS, April %.
To Harheld Davis and Alex. Irving, Gallatin:
Gents-Your evidence against Frank James
will be watched by tried and true friends of the
hero. No one but the writer and other
knows how near Governor Crittenden came 10
biting the dust, in April, 1882, on the Sunday
ferson City to st. Louis. The pistol was cooked
twice, and policy alone prevented its
Frank James has hundreds of friends that Will
never see him sacrificed and will come to his
aid at the proper time If you are wise you will
be careful. A. R. n.
The letter addressed to Mr.. Davis was
written in red ink, in free, bold hand,
and inclosed il an envelope of a hotel in
San Antonio. The post-mark is Wabash
postal lear, and it was evidently mailed at
the union depot. The letter to Mr. Irving
is written in black ink and inclosed in a
plain envelope. Jamess attorneys denounce
| the author of the letters.
The event of tomorrow will be the testi-
mony of Dick Liddle, upon whom the State
relies for its case. This man has assumed
| the role of an informer. The plan of the de-
| Tense will be to impeach Dicks testimony as
unworthy of credence, by reason of his having
been convicted of infamous crimes. Your
correspondent learned facts in Liddle's his
tory which seem to have been forgotten. 1t
| will be shown that he served term in the
Missouri penitentiary for horse-stealing;
sentenced at the Mount Vernon court
in 1874 for three years, and came
out under the three-fourth rule.
Various opinions are held concerning the
testimony given to-day. James's sympathis
ers say that the State has thus far made a
| single point while the other side regarded
the testimony as the beginning of chain of
evidence which cannot be broken by the de-