The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1883-09-04


man not having completed his instructions
10 the jury court did not convene until
balf.past 3 O'Clock. Mrs, Franz, ia mes,
plainly drts ed in grey street costume, ac-
companied by her little boy, made her first
appearance in the court room during the
trial, and took a seat beside her husband.
The defendant is looking quite haggard
and has been in III health for several days.
rhe court said that each side would he
given ten hours in which to present their
arguments, which will permit the case to 60
to the jury by Wednesday noon. The order
of speaking was announced by the
court as follows; First, states second,
defense; third, defense; fourth, state;
fifth, defense; sixth, defense; seventh,
State; eight, defense; ninth, State. There
was some objection TO this order upon the
part of the defense, which did not relish
the idea Of having johnson sandwiched
between Shank in and Wallace. The law
yerS Could not agree, SO the court arbitra-
ry fixed the order As above. To this the
defense noted an exception. The court,
upon motion Of Mr.. Shanklin. extended
the time OF the defense TO twelve hours,
and ordered that court hereafter convene at
Q O'Clock. This carry the arguments over
to Wednesday night. The instructions for
state aud defendant were then read. The
instructions for murder in the second
degree mentioned above does
not amount to much, as ii
can only be returned as separate entire
Nv from the robbery. The killing Of Nc
MILAN by any member Of the gang while
pursuing the robbery II defendant Is be-
lieved to have been one OF the party, is
murder in the first degree. The instruc-
lions A. to the credihlity OF witnesses were
very clear and favorable TO the defense, the
jury being Instructed that the testimony OF
associates in crime requires confederation
! to the extent OF certainty, Mr.. W. ID.
! Hamilton, prosecuting attorney Of Daviess
county, opened the case for the state. He
dwelt upon the great importance and
c0mplimented the jury in the approved
style and denied that the state had used any
unfair means In the gathering OF testimony
against the defendant. He beSought the
Jury to beware OF outside influences and
prejudices; to cast them OF and look calm
" at the law and evidence. The speaker
recalled the horror and indigna-
ZION Of the people in the country all
about. when, despite the civilization of the
age, despite the strength of law, that rail-
road train in popular and thriving section
Of great state could be thus stopped and
robbed and that the bandits could thus
escape in the twinklng Of an eye and leave
no trace behind .hem. The circumstances
Immediately surrounding the crime were
detailed and the claim made that the state
had made good every claim of conspiracy.
! The evidence Of Dick Liddell, corroborated
As il has been, is sufficient to convict, and
there is sufficient evidence to convict out
side OF Dick Liddell. To deny Frank
James presence at Winston after establish
ing his presence with the gang in the
vicinity would be worse than boiled
! down nonsense. The defense admitted
the presence Of the gang at Win
,ton. but violently and in defiance of rea-
son and the evidence, deny the presence Of
defendant al the robbery. LiddeIl's evi.
dcnce has been corroborated in every par
tSssT by unhnpeaehed and disinterested
witnesses. BE predicted that the defense
would lavish much attention upon Dick
| Iiddel, self confessed murderer and
| horse thief, but asked the jury to remem-
Der that the robbers in hunting their asso-
ciatcs generally picked on such man
A. Dick Liddell. The high standing OF the
| Dayess coEnty witnesses who had met the
! gang before the robbery was dweIt upon at
length, and the entire testimony was casu-
aly reviewed. At 1870 Mr.. Hamilton
concluded, when court ADJOURNED until 80
p. M, at which time John NJ, Glover open
ed for the defense
JOHN NJ. GLOVER
opened by declaring his intention OF dis
cussng ths testimony Of Dick Lddell and
the Ford's outfit from Ray county, but he
would discuss the evidence OF the reputable
citizens Of DayiesS county, who claimed to
have seen the robbers previous to the
affair at Winston, and by their state
ments to prove that there were but
four men at the robbery, The speaker
then read extracts Of the testi-
mony all bearing upon the
four men theory and the shooting by Wood
llltc, who might readily be mistaken for
Frank James Dick Lddell'S testimony,
and that OF all other witnesses, never
showed more than four men together at
time. rho fifth man. according to Lid
dell, was always on the train. God knows
when he got of