Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1883-08-31

f"N ~ NWNMttAAhh WIN NfNA ANN"AN
Traln Robbery Ia lasi-rhe opsuing b
the states Altsrney-lisldence for "a
Prosecution.
0ALLAriS, No, Aug. e.
After the customary delays Incident &
tho preparation Of an important case 70
trial, jury has been secured and tho lria
oi Frank James for the murder of Franl
Mcmillan, Incidental 70 the Winston ,trail
robbery, fairly begun, For the better ae
ecmmodation Of the large crowd In attend
anoc the trial Is being conducted in thI
Opera House.
AZ eight O'Clock this morning ffanl
James was taken over 90 the Opera llous'
by the Sheriff and Judge Goodman was II
bis seat. Owing to a sudden illness Mr.
Wallace, who was TO make the opening
speech for the State, was late In appearing
aud the Court was kept waiting for a quar-
ter Of an hour, The large crowd OF speeta
tors growing impatient meanwhile. On lh'
arrival Of Ma. Wallace the Court announce,
that each side would be allowed one hours
time IN which to present ~ case, and Mr.
Wallace forthwith proceeded 70 make hi,
statement.
He said that although he understood L
was customary 20 call attention 10 tho
magnitude Of the crime 10 be- proven and Ia
slow the bearing OF the various pieces Of
testimony which the State expected TO IN.
troduce, be would refrain from doing any
thing more than 10 merely state the facts
] t.ItTl.ttt
ton Of the Jury 10 the nature OF the oath
they had taken 10 render verdict free
I from all personal or sentimental bias, h.
proceeded 10 read the Indictment, which
! charges the killing Of one Frank Mcmillan
on July Is, 1881, at or near Winston. In this
State. The first count is for murder In the
( lirst degree. The second for murder IN
! committing a robbery, and the third IN be
/ ing accessory with Jesse James and others
/ unknown 10 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
4 for money, which was the fact in this case
/ The evidence in the case would be that the
J Rock Island train was robbed on July lj,
! 1881, at Winston, by five men, and that in
this robbery the men killed Mr. Wcstfall,
the conductor, and Frank Mcmillan, a
&
that the robbery and killing referred 10 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
Nashvillsllesse James was d. j. Howard,
Frank james was b. j. Woodson and Bill
Ryan was Tom Hill Ed Miller, James
Cummings and Bill Ryan were not MON
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 Tennessse, in
1877, where they remained till the spring Of
1881.
In Missouri the gang had two headquar-
ters.-one at Mrs. Bolton's, 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.
Bottoms, being seen there by several par
ties-Hrank 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 corrobotated. Liddell had
given himself up, and under the promise Of
immudty had done all he could TO aid law
and order, and SO 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
neighborhood of Gallatin before the
Winston robbery. A trip had been made
-. t.4.Y. 81.
Winston 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
IL.
John L, Penn, the first witness, testified /
to 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 ear, and the subsequent finding of /
bis l.feless body by himself and McMillaniS /
father, but could not identity any Of the
party.
Adds L. 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 a voice
called out, "Go aheadW Witness started
again, and from The back OF the tender
somebody called out, "Go ahead, you -
-w Witness looked back, aud two men
Jumped down Off the coal into the cab and
presented revolvers. The train ran about
: 900 feet, and as the brakes were still on 1t
stopped. The men threatened 10 shoot If
be didn't 20 ahead. Witness explained
what was the matter and the men again
threatened. The air pressure was released
AZ this time and the train went ahead. Wit
ness went ahead and, climbing ont the
window along 20 the pilot OF the engine,
waited till it Stacked up, and jumped of.
by his fireman he went back
10 the first ladies' car and got on and mo-
nent later went forward 90 the express
ar, being the first 90 enter IL after the
robbery. The robbers had gone. Witness
,ould give no description Of the men who
boarded the engine. There were five or
iix shots fired altogether. The air-hrake
vas applied the second time either hy some
me on the engine or on the coaches.
Frank Stamper, baggageman, testified
hat one car served for both baggage and
'xpress, the expressman being Murray.
After the train stopped witness opened the
ide door 10 see what was the matter, when
man with a revolver grabbed him hy the
eg ard pulled him out. He boarded a coach
IS it came along and informed the passen-
yers that robbers were around. Tie made
wn trips through the coaches and looked
or the conductor. Meanwhile firing was
,oing on in the smoking and baggage
ars.
Charles n. Murray. the United States
Express agent detailed the manner In which
e was assaulted ani compelled 10 unlock
be safe and surrender its contents.
DIR. d. NJ. Clagget, of Winston, who, as
srnu4r hffa a. fuuftnsf an the llIaaa aF
icMillan and Wesifall, testified that he
ound a bullet wound about half an inch
h0ve the right eye. lie judged that the
round was the cause Of death.
Dr. Homer u. Brooks. OF Winston. cor
ohorated the previous Witnesses state /
leut, except that he located the wound
yer the left eve.
W. I. Earthman, 81 Nashville. identified !
rank James as a man be had known hV the Z
anne of Woods0n a. Nashville. where they ,
I'D raced horses; knew Jesse James also, /
nder the name Of Howard, but did not sus- ,
ect their identity; also knew a man ~ ,
be name of Tom Hill, who afteruard prov D
q to Re Bill Ryan. arrested Hin on Narrh {
). ISL, with belt full Of pistols and cart y
dges, and with about si SO in money in q
Is possession. locked RYAN alias Hill IN /
be Nashville Jail. where BE- last saw lims /
new Nooison shout two years while uoTk- !
e on farm. He associated with TIE VERY J
sst class of people there. and witness Z
ever saw him ass1ciafing with any of fhe Z
arties mentioned In TIE indictment. His =
aueral department was that Cf feaeratle
1d quiet man. 9
James. the depot master at ttt LruisffIis >
ID Nashville depot iu Nashville. testified =
b kew James g. M1aisrr. and ssu tim T
there in lef- rernaI1isrri ttl 3
rest 1f Bill RYAN. rui never ssH Wo1l- +
W in Nashville after that. aisr irrr Il