St. Landry democrat. (Opelousas, La.) 1878-1894, 1883-09-08
THE JAMES TRIAL.

THE JAMES TRIAL.
The Trial of the Notorious Bandit Conn
menced-Opening of the Case by States
Attorney Wallace-Testimony for the
Prosecution.-The Defense-Attempt to
Prove an Alibi-Testimony Showing that
frank James was Not at winston.
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, in
cidental to the Winston train robbery, fairly
begun.
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.
Mr.. Wallace made the opening address for the
prosecution. After calling the attention Of
the jury to the nature of the oath they had
taken to render verdict free from all per-
sonaI 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 state me THIS Hrss e eoumi
for murder in committing. robbery, and the
third in being accessory with Jesse James ana
others unknown to the eTime whcn forms sra enc
motives for murder alleging the lowest KIND
of motive to be that motive in murder for
money, which was the fact In this case. me
evidence in the case would be that the ROCK
Island train was robbed on July Is, 1881, at
Winston, by five men, and that in this robbery
the men killed Mr. Westfall, the conductor,
and Frank McMi Ian, Stonemason, on the
train He would show that the robbery and
killing referred to was committed by the
James gang, whose history he proceeded to
Mr.. Wallace then stated that the testimony
which the State would offer would be circum-
stantial and direct, and so overwhelming that
no honest jury could refuse to convict after
John T.. Penn. the first witness, testified to
the boarding of the train at winston ana the
action of the gang; also to the shooting or
car, and the subsequent finding of his ife!ess
body BY himself and McMilan's father, but
could not Identify any OF the party.
Adds E. Walcot, engineer of the train, de-
tailed the occurrences on the engine. Charles
n. Murray, the express agent, related ms OK,
perence with the robbers; Drs; Claggett and
f Is E 1a6
Nashville, Tenn. identified the prisoner as
man he had known at Nashville under the
name of Woodson; as did also NJ. James. ae
Silas Norris. Mrs. Hite's father testified to
their acquaintance with Frank James and to
some Of his movements, and Nicholas ID. Bishop
and j. B. BARLEY. express agents, TO the
movements of a box of guns sent to j. L.
Ford.
GALLATIN, Mo-, Aug. 25
The hearing of testimony in the case of the
State VS. Frank James was resumed this
morning A few minutes after eight o'clock
Dick Liddell was called to the stand, when Mr..
Phillips eojected to his testifying on the
ground that he had been convicted of felony
After lengthy argument on the various
points pro and con, the Court decided that the
defense had not sufficiently sustained their
to dds beng sbae ha as 70 sen
the Pententiary In 1874 and never again He
was paraoned for that offense, but had since
torn the pardon up.
He detailed infinitely his acquaintance with
the James boys and his connection with them.
embracing the time from 1870 up to the rob-
bing of the Winston train and the commission
of the murder for which Frank James is now
on trial. After giving an account OF tne ar
engagements for the robbery and the meeting
of the members of the gang at an appointed
rendezvous, the witness testified: The arrange
ment was that and Clarence should capture
ence and got back of the tender and went
over on top of the engine. We had two pis-
tolls. We kept quiet till the train stopped
scare those fellows, who both ran onto the
pilot The first run was about 200 yards, then
q stop. Then the engineer opened the throt-
tie to the usual level we couldn't stop IT. y,
slackened we jumped off while 1t was running.
Frank and Clarence got of first. went PACK
after Jesse, who was still In the express car :
800 or $500 that night in packages: 1t was
ali good money. We all got together then,
except Wood, who had been knocked down
car, and we never saw him. Frank talked to
me about the robbery afterward. He said ne
thought they had killed two men. Jesse said
Il hat Snpaty "a
one. He saw him peep in at the window and
thought he killed him. From there we went
to our horses, taking our time. We all un-
htched except Clarence, VINO cut ms R Rirer
before aayight Jesse divided giving da US Us
vent to For srs. The 0 Others went to-
ward their mothers. staid at Ford's about
a week, and then went to Mrs. Samueis', but
then all five of us went to Mrs. Samuels We
left in wagon. All the horses had been pre-
D DeHsy It Waem baek to w,
City with Sheriff Timberlake in 1882, in Janua-
~ or February. Iwas there shortly after that
with Mr.. Craig, of Kansas City l saw cover.
nor Crittenden both times, first at the depot
and the other time at his Office. | don't re.
member telling the Governor at either OF
those times that after the Winston robbery
FRANK JalNGS upDEhEueu JcSSCS LII hAiAiAS eshJ
one, or reminded him Of the agreement be-
fore the robbery that no, one should be hurt
or killed.
Governor Crittenden, by consent, testified:
Liddell did make such statement to me as
propounded just now. I think it was the sec
ond time he was at Jefferson City II grew
out Of my asking him why they killed an inno-
it was not the intention to do it; that the I'M
Outstanding was there was to be no killing;
that Frank had said there was to be no blood
r.l< 1sot OF far xroa rrynv
s.Jesse, why did you shoot that man? / thought
the understanding was that no one was to be
killed, and would not have gone into it If l
had known or thought there was to be any
thing Of that sort DONE To which Jesse said,
.sIthought that the boys were pulling from
me, and wanted to make them common