Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-09-06

OAI1LATINg NO. aug.
After the customary delays incident to
tho preparation OF an important case for
trial, jury has been secured and the trial
of Frank James for the murder of Frank
Mcmillan, incidental to the Winston train
robbery, fairly begun. For the better ac-
commodation of the large crowd in attend
ance the trial is being conducted in the
Opera House.
At eight O'Clock this morning Frank
James was taken over to the Opera House
10y the Sheriff and Judge Goodman was in
his seat. Owing to a sudden illness Mr..
Wallace, who was to make the opening
speech for the State, was late in appearing
and the Court was kept waiting for quar-
ter of an hour, the large crowd Of specta-
tors growing impatient meanwhile. On the
arrival of Mr.. Wallace the Court announced
that each side would be allowed one hours
time in which to present its case, and Mr..
Wallace forthwith proceeded to make his
statement.
He said that although he understood it
was customary TO call attention to the
magnitude of the crime to be proven and to
show the bearing of the various pieces of
testimony which the State expected to in
troduce he would refrain from doing any
thing more than to merely state the facts
without comment. After calling the atten-
ton OF the jury to the nature of the oath
they had taken to render a verdict free
from all personal or sentimental bias, he
proceeded to read the Indictment, which
charges the killing of one Frank Mcmillan
on July 10, 1881, at or near Winston, in this
State. The first count is for murder in the
first degree. The second for murder in
committing robbery, and the third in be-
ing accessory with Jesse James and others
unknown to the crime which forms the basis
of this case. Mr.. Wallace then discussed
motives for murder, alleging the lowest
kind of motive to be that motive in murder
for money, which was the fact in this case.
The evidence in the case would be that the
Rock Island train was robbed on July 10,
1881, at Winston, by five men, and that in
This robbery the men killed Mr.. Westfall,
the conductor, and Frank Mcmillan, a
stOnemason, on the train. He would show
that the robbery and killing referred to was
committed by the James gang, whose his
tory lie proceeded to detail.
The evidence would show that Frank
James, Jesse James, Dick Liddell and Bill
Ryan congregated at the home of the band
in Tennessee. There would be testimony
that Wood Hite was in constant commune
cation with the gang in Tennessee. At
Nashville Jesse James was D. j. Howard,
Frank James was 3. j. Woodson and Bill
Ryan was Tom Hill. Ed Miller, James
Cummings and Bill Ryan were not mem
bers of the Winston gang. Mr.. Wallace
then followed the movements of the gang
from the time that Jesse and Frank James
left Jackson County, Mo-, for Tennessee, i'll
1877, where they remained till the spring Of
1881.
of the fact that Bill Ryan, while on his way
TO George Hite's, got drunk and insulted
Justice of the Peace, for which he was duly
arrested and 81 ,3OS in gold and other prop
erty found on his person. On learning this,
Liddell and Jesse James each stole a horse,
and, Frank James having horse, went up
TO Adairsville, KY, where Wood Hite
Joined them. Here, too, they picked up
IaV IN oil Of ~
one or twenty-five. These five - Jesse
James, Frank James, Dick Liddell, Wood
Hite and Clarence Hite-were the five men
concerned in the Winston robbery. Here
they stayed a little time and then went to
Samuels' Station, in Nelson County; staid
there with party named Sears and John
w. Pence and others. From this station
Jesse James and his fellows shipped his
guns in May, 1881, to John Ford, at Lexing-
ton, Mo-, whence they were reshipped to
John Ford, at Richmond, Mo. John Ford
was the now deceased brother of Robert
and Charley Ford. In this shipment was
Winchester rifle belonging to Frank James.
The testimony would also show declara-
tlons made by Clarence Hite before leaving
Kentucky, that Frank James was going to
Missouri, and that he was going to stay
with him. The wives of Frank and Jesse
James also came to Missouri at this
time. Jesse's wife went to Kansas City.
Franks wife came to Page City with the
intention of staying at General Joe
Shelby's. She brought sewing-machine,
shipped from Nashville to B. j. Woodson,
which was afterward shipped from Page
City to Mrs. Ralston, her mother, at lnde-
pendence, Mo.
In Missouri the gang had two headquar-
terS-one at Mrs. Bottoms, sister of the
Ford boys, in Clay County, and the other
at Mrs. Samuels', near Kearney. Evidence
would be adduced to show that just before
and just after the Winston robbery, and
in October, 1881, Frank James was at Mrs.
Bottoms, being seen there by several par
Gies-Frank James going by the name of
Hall, and being introduced by Jesse James.
But beyond all this there would be the
testimony of Dick Liddell, which would be
overwhelmingly corroborated. Liddell had
given himself up, and under the promise of
Immunity had done all he could to aid law
and order, and so we'll had he done this
that the last member of the gang was now
on trial.
Mr. Wallace then stated that James
would be identified as having been in the
nsighborhood of Gallatiu before the
Winston robbery. A trip had been made
so Chillicothe three weeks before the
Winston affair, and another trip about two
weeks before the robbery, both proving
fruitless. The testimony which the State
would offer would be circumstantial and
direct, and so overwhelming that no honest
Jury could refuse to convict after hearing
1t.
John L. Penn, the first witness, testified
TO the boarding of the train at Winston and
Che action of the gang; also to the shooting
q the car, and the subsequent finding of
his lifeless body by himself and McMillan's
father, but could not identify any of the
party
Adds z. Walcot, engineer of the train,
testified that the train had gone about fifty
feet when the signal-bell rang to stop, and
witness stopped the train. Then a voice
called out, "Go aheadl" Witness started
again, and from the back of the tender
somebody called out, $50 ahead, you -
-w Witness looked back, and two men
jumped down off the coal into the cab and
presented revolverS. The train ran about
1900 feet, and as the brakes were still on it
stopped. The men threatened to shoot if
Le didn't go ahead. Witness explained
what was the matter and the men again
threatened. The air pressure was released
at this time and the train went ahead. Wit
ness went ahead and, climbing out the
window along to the pilot of the engine,
waited till it Stacked up, AID jumped Off.
Accompanied by his fireman he went back