Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1883-09-06
FRANK JAMES AT THE BAR.

The Trial of the Notorious Bandit Com.
menced-Opening of the Case by States
Attorney wallace-Testimony for the
Prosecution.
GALLATIN, Mo-, Aug. "a.
After the customary delays incident to
the 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
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
by 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 verdict free
from all personal or sentimental bias, he
proceeded to read the indictment, which
charges the killing of one Frank Mcmillan
on July Is, 1881, at or near Winston, in this
for,
first degree. The second for murder in
committing a 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 he 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 communi-
cation with the gang in Tennessee. At
Nashville Jesse James was ID. j. Howard,
Frank James was b. 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, in
1877, where they remained till the spring of
1881.
Their departure from Tennessee grew out
OF the fact that Bill Ryan, while on his way
to George Hite's, got drunk and insulted
Justice of tie Peace, for which he was duly
arrested and Sl.3gS in gold and other prop
erty found on his person. On learning this,
Liddell and jesse James each stole horse,
and, Frank James having horse, went up
to Adairsville, KY, where Wood Hite
Joined them. Here, too, they picked up
Clarence Hite, young fellow of twenty
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 n little time and then went to
Samuels' Station, in Nelson County; staid
there with a 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 We're reshipped to
John Ford, at Richmond, Mo. John Ford
was the now deceased brother of Robert
and Charley Ford. In this shipment was a
Winchester rifle belonging to Frank James.
The testimony would also show declara-
Kentucky, that Frank James was going to
Missouri, and that he was going to stay
With him. The wives of Frank and Jesse
JSmes 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 a sewing-machine,
shipped from Nashville to B. J. Woodson,
which was afterward shipped from Page
City to Mrs. Ralston, her mother, at indie
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. |
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 |
had done all he could to aid law |
and order, and well 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 |
of Gallatin before the |
Winston robbery. trip had been made |
to Chillicothe three weeks before the |
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 |
it.
john l.. Penn, the first witness, testified |
10 the boarding of the train at Winston and |
the action of the gang; also to the shooting
of Mcmillan, his falling from the platform |
of 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 E. 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 voice
called out, $50 ahead" Witness started .
again, and from the back of the tender I
called out, $50 ahead, you "
-" Witness looked back, and two men
jumped down off the coal into the cab and
presented revolvers. The train ran about
. Goo feet, and as the brakes were still on 1t
stopped. The men threatened to shoot II
he didn't go ahead. Witness explained
what was the matter and the men again
The air pressure was released
at this time tbe. roi in ahead Wit