Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-09-14

len property with them and the betray :
ed them. True, he gave acomplete and
minute account of the wanderings, the
planning and the workings of the James
boys, and told story that showed that
he was in the robbery and knew his
companions; and it is also true that his
evidence was corroborated by others.
but who were these? In most every in
stance they were parties who were &C
cessories before and after the fact. peo-
rle who harbored and protected the
robbers for long time, the relatives of
the Ford boys. Other and responsible
witnesses could only give disconnected
links of evidence which 10 make chain
must be united with the evidence of
such as Liddil and others nearly as deep
in crime.
Then is there much wonder that a
conscientious jury should acquit under
the circumstancesp They were not sup
posed to know of public sentiment, and
under their oath were required to weigh
the evidence and if a doubt existed the
prisoner must have the benefit of it.
They could not allow their prejudices to
interfere in arriving at verdict, and to
all intent rank James stood before
them as a stranger of whom they had
never heard. He was on trial for muir
dering Mcmillan, and that was as far as
their enquiry could go. Liddil did not
even claim to know if Frank James
killed McMillan; though he did declare
he was there. Other witnesses, James
brother-in-law and sister, swore he was
in Texas at the time of the robbery.
James himself, whose word is worth as
much Liddil's also swOre that he was
not even in the state. His mother,
brother, and many others swOre they
had not seen him for long time before
and after the Winston robbery. So here
was one set of disreputable people
swearing against another. This must
have raised doubt. Under their oaths
the jury had to give the accused the
benefit of this doubt. Members of the
jury have been interviewed since the
trial, and declare that they could not
convict ON Liddil's evidence. And they
were almost unanimous, the first vote
being eleven for acquittal and one fol
conviction. On the second ballot all
voted for acquittal.
All through, the case was conducted
with marked ability on both sides
Leading i'll the prosecution was pros.
ecuting attorney Wallace, of Jackson
county, who has done more than any
other one man to secure the conviction
of the members of the James gang. HI
was ably assisted by Mr.. Hamilton, the
bright and promising prosecuting at
tOrney of Davies county, and Col.
Shanklin, one of the ablest lawyers il
Missouri. The defense had the best
criminal lawyer in the state, Ex-Lieut
Gov. Johnson, and Col. John F. Phil
lips, assisted by young John L. Glover
of st. Louis, j. III. Slower, of Independ
ence, w. NJ. Rush, of Gallatin and 9th
ers.
A splendid array on both sides, anC
never did lawyers work harder. Boil
sides have been highly complimentet
on their conduct.
After the trial the citizens of Gallatir
made up purse and purchased valu
able watch for Mr.. Wallace, but thai
gentleman declined to accept it. So thu
watch was returned to the party from
whom it was purchased, and the money
subscribed for it will. be devoted Il
publishing in pamphlet form Mr.. Wal
lace's splendid speeches.
The citizens Of Gallatin and Davies.
county are disappointed at the result il
this case, and have talked of an indig
nation meeting; but this will not likely
be held. 1t would do no good.
Frank James is undoubtedly baC
man, guilty of more crimes than have
even been charged to him, but there
appears no chance to convict him tha
we can see. He is under indictment fol
killing conductor Westfall at the time
of the Winston robbery, but the evi
dence would he the same as in the tria
just closed. He is also indicted fol-
killing Capt. Sheets, the bank cashier il
1868; but it is not likely there is wit
ness who can testify that he was there
And SO of the other crimes he is charg
ed with. Only his confederates know
positively that he was in any of thu
robberies. An average jury has said il
will not believe one thief and murderer
in what he may say against another o.
his kind.
1t is unfortunate that there is MOI
some way of giving Frank James hi
just dues, and time may show some
way. AT present, however, it appear