The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-08-30
Press kilograms.
FRANK JAMES TRIAL.
Testimony Of Principal Witnesses
to the Killing of Mcmillan.

GALLATIN, Mo, August 24.-The
jury trying Frank James spent the
night in charge of the sheriff. The
case is much discussed at the hotels,
and the opinion generally expressed
is that verdict of guilty is out of
the question. \ hung jury is prOba-
BILE and acquittal possible. The solid
Democracy of the jury, the youth and
associations of four of them and the
confederate record of six of the num-
Der give rise to this belief. Last
night Dick Little and Mrs. Hite ar
rived. Little this morning showed
up on the streets with two long navy
revolyers strapped to his waist
Promptly at o'clock this morning
the court convened, witnesses being
excluded from the court room. The
attendance was not so large us yes
terday, and IL number of ladies occu-
pied seats on the stage.
Judge Goodman announced that
cousel would be allowed an hour in
which to present the case to the jury.
Mr.. Wallace, for the state, read the
Indictment and then told the story of
the Winston robbery and the manner
Mcmillan WAS shot through the
head. He looked into the door of
the smoking car, and three men were
in the car, who, he said, were Frank
and Jessie James and Wood Hite.
The two men who took charge of the
engine were Dick Little and Clarence
Hite. Mr.. Wallace then went into
the history of the conspiracy to rob
the train at Winston and the life of
the James boys in Tennessee, giving
an account of the organization of the
band, etc. Testimony will be intro
duced to show that the gang, before
leaving Kentucky, shipped some i'm
plementS of robbery to John Ford,
brother of Bob Ford. Wallace then
fOreShadOwed the testimony Of the
state, locating the gang in Clay and
Ray counties and establishing their
presence in the vicinity Of Winston
the day of the robbery.
The defense waived its right to a
presentation Of the case, and taking
the testimony, commenced.
The first witness was John l.. Penn,
of COlfaX, Ia, stonemason, who was
in the company of Mcmillan at the
time of his death. Penn related how
he and four others, including McMil-
Ian. boarded the car at Winston, how
three men came in the car with re-
volvers in each hand, how Mcmillan
was killed us he jumped up to look
through the window, and all the cir
cumstanceS Of the robbery. On cross
animation he admitted he couldn't
identify any f the men, as they wore
masks.
Adds Walcott, engineer of the train,
was the second witness. He related
how a couple of masked robbers
jumped on the train and forced him to
obey their orders at the muZzle of re-
vOlvers.
Frank Stamper, baggageman, told
his experience during herObbery, how
he was pulled from the car and
threatened with a revolver.
Charles Murray, United States ex-
press agent on the train, then related
how ne was forced to open the safe
by two men in masks armed with re-
volverS.
Two physicians then testified as to
the nature of the wounds causing Nc
Millan's death. This concluded the
testimony of the state in so far as the
killing is concerned, and the court
then adjourned until the afternoon.
Governor Crittenden arrived this
morning and is an attentive auditor
in the court.
Most intense excitement was caused
about noon, when Judge Irving
and Harfield Davis, the two
gentlemen who were warned
a day or two ago to be careful
in giving testimony against Frank
James, each received the following
letter
ST. LOUIS, August 23.-Gents
Your evidence against Frank James
will be watched by tried and true
friends of the "hero." No one but the
writer and one other know how near
Gov. Crittenden came biting the dust
in April, 1882, on the Sunday after
noon that he rode in the chair car
from Jefferson city to st. Louis. The
pistol was cooked twice and only pol
icy prevented its use. Frank James
has hundreds of friends that will
never see him sacrificed and will come
to his aid at the proper time. If you
are wise you will be careful"
(Signed) ga. r. K"
The letter addressed to Davis is
written in red ink in free, bold hand
and inclosed in an envelope of the
Hotel Menger, San Antonio, and the
postmark is Wabash postal car, and it
was evidently mailed at the union
depot. The letter to Irving is written
in black ink, inclosed in a plain en-
velope. James attorneys denounce
the author of the letter.