National Republican., 1883-08-31
TRYING THE BANDIT.
Introduction Of Evidence for the Defense in
the Train Robbers Case,
Witnesses Who swear that james was
Not OH the Train that was Robbed.

.
trial met this afternoon, Mr.. O'Noill was
called and asked for an answer TO the ques-
tion put to him last evening regarding his
newspaper interviews with Frank Jamo5.
Witness then stated that he had given all the
testimony in his possession regarding tho
acts of tho defendant, but for proper reasons
he could not answer the question rs to who
was present at the said interview, as such
persons would be placed in false position,
and the witness was bound by pledge TO
withhold their names.
Mr.. Wallace said that if tho witness would
say he had never heard any of the names OF
these persons connected with this affair,
they would not insist on an answer.
Witness replied that he could not answer
that question. The court took the matter
under adViscment.
Sheriff j. X. Timbcrake testified TO having
kept bay mare for Mr.. Roberts for several
days, about the time of the Winston robbery.
The mare was then turned over TO Il man,
named Graham, who came and claimed her
Tho state here rested its case, and the de-
fense asked the court to adjourn until the
morning, in order to givo them time TO COM
plete their opening address to the jury and
gather their witnesses. This was granted and
the court adjourned.
ST. LOUIS, Mo-, Aug. 3O.--A special from
Gallatin, Mo-, says: THE line of defense
in tho Frank James trial was agreed upon ut
is "alibi and mistaken identity" At tho
convening of the court this morning Mr. Rush
mado the opening statement for the defense.
lie dwelt Mt length upon Frank James's eff
forts to get away from the band denied that
Frank had left Kentucky, and claimed that
there was n conspiracy between Dick Liddell,
the Fords, and the Bottoms.
Mr.. Brosius, an attorney of Gallatn, who
was on tho train at Winston, was the first
witness examined for the defense He told
of tho entry of two men into the smoking
car with drawn revOlvers. The larger Of
the two devoted himself to the conductor, and
the smaller to the passengers. There was
cry of hands upp 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. Witness did not recognize the prisoner
as one of the two men, and said he is not
the man.
On cross examination, Mr.. Brosiu5 could
not describe the clothing of either man. Io
did not see three men-only two. The wit
ness admitted that he was badly frightened
aud could not identify the robbers; yet he
could swear to o man who was not there. To
the best of his knowledge and belief Frank
James was not there A rigid examination
failed to shake the statement of the witness.
Fletcher Horn, Nashville detective, testi-
fed that he knew the defendant as b. j.
Woodson from the summer of 1877 until
March, 1881, during portion of which time
he lived at what is known as the White Creek
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 work
ing and Industrious The witnSs knew Dick
Liddell as Smith and Jesse Wmes as J. b.
Howard, and believed he knew Cummings ;
but the defendant did not associate with them
On cross examination he said that Jesse
James was engaged for time m buying
grain and then i'll horse ia sing. He owned
the horse jim Malone and one or two others.
The whole party depOrtcd themselves prop
erly while living there. TaylOr's blacksmith
shop was the detendant's headquarters dur
ing his visits to the city.
X. b. Sloan, of Nashville, an attorney, tes-
titled to an acquain tanco with the defendant
dating from the spring of 1877. He last saw
him in March, 1881 At that time the de-
fendant wore whiskers all over his face. The
acquaintance was only casual one: The
testimony of tho witness related mainly to
the details of Frank James's life in Nash
vile.
Mrs. Montgomery, who lives one and half
miles from Winston testified that two men
ate supper at her house Oh the evening of the
robbery but to her best belief the defendant
was not one of them.
Nilsson j Montgomery, a daughter of the
last witness, failed to identify the defendant
as one of the men who ate supper at her
mothers house.
John Dean, farmer testified to having
been at the black smith shop Of Jonas Potts,
Nov. 20 1881, when two men came up in a
wagon to have something done to the vehicle.
When the men went away POTTS. who seemed
very much excited, said, those are two men
for whom ! shod horses before the Winston
robbery"
Witness had good look at the men, and
was positive that the defendant was not one OF
them.
Jonas Potts visited Independence when
Frank James was in Jail. On his return the
witness asked
Did you see Frank James," "Yes," was
the answer" "for the first time in my life
Marion Duncan, farmer, testified tha
Potts, the blacksmith, had said to him that hC
recognized the picture of jesse James after hi
was killed as that of a man whose horse h,
had shOd.
G. A. Chapman also testified to the sam,
effect.
With view of impoaching Dick Liddell'
testimony the record of his conviction 70
horse stealing in Vernon county was otforet
in evidence.
A recess was then taken,
The presence Of Dave Poole an old guer
rilla, and now wealthy stockman of Texas
Allen Palmer, OF Texas, Frank Jamosl
brother in law, and several other ranchmen
gives rise to the belief that an attempt vii
be made TO prove an alibi.
Al the afternoon session the first witnes
called was Gen, Joseph Shelby, who testife
that one day in the fall of 1850, on rcturnin
from his hemp field to his house, he foun
Jesse James, jim Cummings, Bill Ryan, an
Dick Liddell there. 1t was on this evenin
that Jesse stated that Dick Liddcll ma
robbed the ConCordia bank. At anothe
time in the fall Of lssl, Jesse james, ono
the Hites, i'm Cummings and Dick Liddel
came to his house, and Jesse said Frank ha
been south for years, and Liddell said he ha
not seen him for two years. The wi
ness knew Jim Cummings. " Ho had bee
in my house." the witness said, "a dozen time
and / knew him in tho confederate arm,
have not seen Frank James since 1872. II
was at that time lying Mt my house, bein
doctored for wounds 1 have not seen hil
since. Ho has not been at my house 9TH
than at the time | have referred to-"
Witness admitted that Frank James's wi
had visited him in lssl, with her little bo
and that he has known Frank James sIn
1862.
Madden, the BruIser, Writes Il Gard.
ATcuIsoN, KAN, Aug, 3J.-H. J. Rc
manager of Herbert Slade, the pugilist, IN
William Maddon manager and trainer
Charley Mitchell. at the Union depot IL
evening and called him to account Tor CO
tain letters purporting to have been writt