Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-08-28
THE JAMES TRIAL.
The Testimony introduced at Yes
terday's Session.
DICK LIDDELL ON THE STAND.
He Swears Frank James Was Not in tn
Train-Robbi ng Gang-The Defense
Relying on an AIibi-PrOba-
biIity ofan AcquittaI.

GALIATIN, Mo, August T.-The Frank
James trial was resumed this morning.
Mrs. Samuels, mother Of Frank James,
testified for the defense, after which Dick
Liddell was cross examined. 1t has leaked
out that the defense will endeavor to prove
an alibi, Gen. Joe Shelby being their prin-
cipal witness, and further, that the Win
ston gang consisted Of five men, but that
Bill Cummins was the fifth man, aud
Not FrankHJames.
The first fact brought out in the cross
examination was that the witness had been
convicted of horse stealing and, served in
the penitentiary. The witness was ques.
toned minutely as to the movements o.
the gang during the three years preceding
the train robbery, their trips TO Hltes,
in Tennessee, and their return to Missouri.
The witness said; 81 saw General Shelby at
his house in 1880. Cummins and were
together. Jesse James and Bill Ryan were
behind us" Thewitness denied that Shelby
said to Jesse James that the two Houngers
had been arrested for
The COncOrdia Bank Robbery,
and he Shelby did not believe they had
ANYTHING to do with it, and that Jesse re-
piled, pointing to the witness, There is
the man who hit the Dutch cashier on the
head" Witness maintained hat he heard
no such conversation. After detailing
further movements the witness said the
arrangements 10 come to Missouri were
perfected at Bob Halls house, in Tennes-
see. frank James was not present. Inc
defense lay great stress on this point. Inc
witness then narrated his trip, which ter
minated in
The winston Robbery.
his direct testimony being unshaken. Lid
dell was asked, if, in company with Jesse
James, Wood Hite and Jim Cummings, he
did not meet Gen. Joe Shelby in the rear
of Shelby's house, just after the Winston
robbery, and Shelby said 10 Jesse:
II thought you were dead
Jesse replied, "You see | am not.
Where is Frank" asked the General.
His health is so bad that he has been
South for several years" replied jesse
did not you say you had not seen
Frank James for two years. asked coun'
sci.
The witness answered that he had not
seen Gen. Shelby
until he met him in Kansas City last
Thursday. The witness further denied
that he had told several other persons that
Frank James was not in the Winston rob-
berry. The witness declined TO answer
whether he knew if Wood Hite was dead.
He related his negotiations with the Gov.
ernor to surrender, and his willingness to
reveal the secrets OF the gang.
1t is stated that the attorneys for the
defense express great confidence that II
James is convicted, of which they don't
seem TO have any fear, they can secure
reversal on several grounds. The chief oi
these are that the alleged pardon of Liddell
contained nothing indicating that Gov.
Brockmeyer actually Intended to
Pardon the Convict.
but the document was simply a commuta
ton of sentence, and hence his testimony
was not admissible. 1t is also held that
not only is il fact, but that Judge Good
man distinctly ruled that before the par
don could become operative the State must
prove it was delivered to the convict, and
and yet the Judge, after ascertaining from
the witness that he did not known whether
he had ever received any such document as
was offered in Court, and that he did not
in fact, know whether he had ever received
a psrden at all or not, admitted the docu'
ment in evidence and declared the witness
competent to testify. There are still other
grounds upon which the defense relys but
these will show that the defendants coun-
sci intend to
Fight the Case 10 the Bitter End.
On the other hand the prosecution is
equally determined. Mr.. Wallace, the
leading attorney for the State, says that
even hal the court ruled out the pardon
or declared the witness incompetent, he
would Immediately have applied to Gov
ernor Crittenden, who was present, for 6
full pardon for Liddell, and the Governor
would have been under the necessity oi
granting it, because to refuse to do sc
would be to virtually to pardon Frank
James.