Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-08-31
FRANK JAMES ANSWER.
The Line of Defence an AIibi and
Mistaken Identity.
1T WAS SOME OTHER JAMES.
Shaking the Testimony of the Prosecution
A Growing Belief that one Member
of the Family Kept out
of Mischief.

GALLArIN, Mo, August 30.-The lines o.
defense in the James trial were agreed upon
at a consultation Of attorneys last night
and briefly stated are an alibi and mistaken
identity.
At the converting OF Court this morning
Mr.. Rush made tue opening statement for
the defense. He dwelt at length upon
Frank James effort to get away from
the band; denied that Frank had ever
left Kentucky, and claimed a conspiracy
between Dick Liddell the Fords and Bottoms
Not the Man.
5. T. Brosiens. an attorney of Gallatin,
who was en- the train at Winston, was the
first witness examined for the defense.
The witness told Of the entry of two men
into the smoking car with drawn revolyers.
The larger OF the two devoted himself to
the conductor, the smaller 10 the passen.
gers. There was cry Of 'handS up The
larger man shot the conductor. Witness
held his hands up and looked steadily into
the eyes of the smaller man, who was
shooting through the car. Witness did
not recognize the prisoner as one Of the
two men; he said he is not the man
Weakening Potts Testimony,
John Dean, a farmer, testified to having
been at the blacksmith shop of Jonas Potts
NOvem bpr 10Th ISL, when two men came
up in a wagon to have something done to
it. When they went away Potts, who
seemed very much excited, said: Those
are the two men for whom | shOd horses
before the Winston robbery Witness
mad a gOOd look AZ the men aud the defend
ant was positively not one of them. Jonas
Potts visited Independence when Frank
James was 10 Jail on his return. Witness
a>kep. "Dii you see Frak James Eyes" 4"
was Inc answer, FOR the first time in my
life.
Further DeTences.
Marion Duncan, a farmer, testified that
Potts a blacksmith. had said TO HIM that
he recognized the picture of Jesse James
after he was killed as that of the man whose
horse he had shod. q. \. Chapman also
testified to the same effect with view 20
impeaCh bick Liddelrs testimony. The
defence offered in evidence the record of
Lidde.ls conviction for horse stealing in
Vernon county. Recess.
The presence of Dave Poole, an old guer-
rilla. now a wealthy stoCkmau OF Texas,
Allen Palmer, OF Texas, Frank James
hIOlleriu-law, and several other ranch
men, gave rise 20 the belief that an attempt
VIII be made tOp prove an alibi in that State.
Cross Examination.
Alter the direct examination OF S. f.
BrOSleuS, on cross examination witness
could not describe the clothing of the other
man; did not see three men, only two
WitSeSs admitted he was badly scared and
could not identify either of the robbers,
yet he could swear to a man who was not
there. To the best of his knowledge and
belief Frank James was not there. 4 rigid
examination failed TO shake the witnesses
statement.
Fletcher Horn, a Nashville detective, tes-
titled be knew defendant as B. J. WOodSOn
from the summer of 1877 until March, 1881.
General ShcIby's Testimony.
A the afternoon session the first witness
called was General James Shelby, who tes-
titled that one day in the fall OF 1850 on re-
turning from his hemp field to the house
he found Jesse James, Jim Cummins, Bill
Ryan and Dick Lddell. 1t was at this
meeting that Jesse told Dick Lid
dglla. haR, rah6edvr hue In the
fall of ISL Jessie, Hite, Jim Cummins
aud Dick Liddell came TO his house aud
Jesse said Frank had been South for years,
snd Liddell said he had not seen him for
two wears Witness knew Jim CumminS.
He has been in my house dozen times,
end knew him in the Confederate
army. Have not seen Frank James since
lS77. He was at that time living at my
house. being doCtOred for wounds. have
not seen HIM since. He was not at my
house either time referred to above. Wit
ness admitted Frank James vile had ylS-
tied him in 1881 with her little boy. Have
known Frank James since 1862.