Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-08-31
THE BANDITS TRIAL.
The Line OF Defense as Agreed Upon
by the Attorneys OF Frank
James.
Taking OF Testimony for the Defense
COmmeneed--The Outlaws Life
In Tennessee.

GALLATIN, Mo-, August 30.-The line of
defense in the Frank James trial was
agreed upon at consultation OF the
attorneys last night, and, briefly stated, is
an abb and mistaken identity
At the convening of court this morning
Mr.. Rush made the opening statement for
the defehse. He dwelt at length upon
Frank James's efforts to get away from
the band, denied that Frank had ever left
Kentucky, and claimed a conspiracy be-
tween Dick Liddell, the Fords and Bottoms.
S. I. Breins, an attorney of Gallatin, was
the first witness examined for the de-
| fense Witness told of the entry of two
men into the smoking-car with drawn re-
volvers. The larger of the two devoted
| himself to the conductor, the smaller to
| the passengers. There was cry of hands
| up. The larger man shot the conductor.
Witness held his hands up and looked
| steadily into the eyes of the smaller man,
who was shooting through the car. Wit
ness did not recognize the prisoner as one
of the two men; he said, "He is not the
man."
On cross-examination, witness could not
describe the clothing of either of the men;
didn't see three men, only two. Witness
admitted that he was badly scared, and
couldn't identify either of the robbers, yet
| he could swear to a man who was not
| there. To the best of his knowledge and
belief, Frank James was not there. A rigid
examination failed to shake witnesses state
| ment.
Fletcher Horn, a Nashville. detective,
testified that he knew the defendant as B.
]. Woodson from the summer of 1877 till
March, 1881, during portion Of which
time he lived at what is known as White
Greek settlement. He was engaged in
farming and hauling logs. He saw him at
least once week during the whole time.
He conducted himself like a gentleman,
and was hard-working and industrious
Witness knew Dick Liddell as
Smith, and Jesse James as j.
Cummins, but defendant did not associate
with them. On the cross-examination he
said jesse James was engaged for a while
in buying grain, then in horse-racing; he
owned Jim Malone and one or two others.
The whole party deported themselves
properly while living there. Taylor's
blacksmith-shop was defendants head
quarters during his visits to the city.
r. b. Sloan, a Nashville attorney, testi-
: fed to an acquaintance with the defend
ant, dating from the spring of 1877. He
last saw him in March, 1881. At that time
defendant wore whiskers all over his face.
His acquaintance was only casual. The
testimony of the witness related mainly
to details of James's life in Nashville.
Mrs. Montgomery, who lives one mile
and half from Winston, testified that
two men ate supper at her house on the
evening of the robbery. To her best be-
lief the defendant was not one of them.
/ Missouri Montgomery, daughter of the
last witness, failed to identify the defend
ant as one of the men who ate supper at
her mothers house.
John Dean, farmer, testified to having
been at the blacksmith shop of Jonas
Potts, November 90 1881, when two men
came up in wagon to have something
done to the vehicle. When they went
away, Potts, who seemed very much ex-
cited, said: "Those are two men for
whom shod horses before the Winston
robbery" Witness had a good look at
the men, and the defendant was positive
ly not one of them.
Jonas Potts visited Independence when
Frank James was in Jail On his return
witness asked, "Did you see Frank
James?" "Yes," was the answer, "for
the first time in my life"
Marion Duncan, farmer, testified that
Potts, the blacksmith, had said to him
that he recognized the picture of Jesse
James after he was killed as that of the
man whose horse he had shod.
q. A. Chapman also testified to the same
effect.
With view to impeach Liddell's testi
, mony the defense offered in evidence the
record of Liddell's conviction for horse
stealing in Vernon county. Recess.
The presence of Dave Poole, an old
guerrilla, but now a wealthy stockman Of
, Texas; Allen Palmer, of Texas, Frank
James brother-in-law, and several Other
ranchmen, give rise to the belief that al
attempt would be made to prove an alb
in that State.
, AFTERNOON SESSION.
, AT the afternoon session the first wit
ness called was Gen. Jos. Shelby, who tes-
titled that one day in the fall of 1880, on
coming from his hemp-field to his house
, he found Jesse James, Jim Cummins, Bill
Ryan and Liddell. 1t was at this meeting
that Jesse told Liddell he had robbed the
,, Concordia Bank. AT another time in the
: fall of 1881 Jesse, Hite, Jim Cummins and
j., Liddell came to his house, and Jesse said
! Frank had been South for years, and Lid
dell said he had not seen him for two
years. Witness knew Jim Cummins. He
had been in my house dozen times, and
l knew him in the Confederate army
Haven't seen Frank James since 1872
He was at that time lying at my house be
ing doctored for wounds. / have not seer
!, him since. He was not at my house
either time referred to above. Witness
admitted that Franks wife visited him in
1881 with her little boy. Have known
Frank James since 1852