Omaha daily bee., 1896-12-10
TALKS OF WRECKINC TRAINS
Principal Witness in the Lee Trial at
York on the s stand,
TELLS A VERY SENSATIONAL STORY
Minute Details OF the Alleged Plot To
Murder Prominent Nebraska
Citizen Given to
the Public.

YORK. Neb. Dec. 9.-CSpecial) Tho Lee
trial opened this morning with Mcssplay
still on the stand. lie continued his story
about the plot to wreck the train He told
how Lee approached him upon the subject
OF ditching the train by intmating that he
(Messplay) had been engaged in some of the
burglaries that had been annoying York peo-
pie about that time. Messpay denied this.
Messplay says that various places OF meet
ing we're arranged by Lee, but that he did
not fulnll all the engagements In one con
versaton Messplay asked Lee what would
be done II the man (BisselD failed to get
killed In the wreck. Lee replied that they
would use a stone to knock him in the head.
"Why not use guns?" querled Messplay.
Guns talk, and besides, train wrecks do
not make bullet holes" was the answer
purported to have been given.
"On the evening of October s. said Mess
play. Lee. in speaking of the person he in
tended to put away. told me that the in
dividual is dead easy to BCt. He's sure
mark. | tried to get him once before, but
a limb caught my arm
This is a portion of Messplay's testimony
that is considered very important In refer
ence to the present case, and one which the
attorneys are battling over warmly.
Messplay says that the train was to be
wrecked by placing spikes in the joints OF
the rails at a curve which would elevate
the engine 50 that 1t would be ditched. He
tells about Lee going with him to the tracks
of the st. Joe g. Grand Island railroad and
then showing how the derailing was to be
done.
MUCH EVIDENCE INTRODUCED.
The cross ss-examinatlon which followed was
rigid. The defense made strong effort to
tangle the witness and succeeded in getting
avs nvyh at T1iN A m
attempt will be made by the defense to in
validate Mossplay's testimony aud to show
that he Is a clever rascal and that his mo-
tive in exposing the alleged plot is purely
mercenary one. Messplay has not borne
very savory reputation here, although he
has never been proven guilty of any crime.
He is Of a rowing disposition and has trav-
eled the country over. There Is suspicion
among some that the interesting story told
by Messplay is but a fabrication gotten up
by him for his own benefit
The prosecution continued to introduce evil
dence the greater part Of the afternoon.
MessDlay again called to the witness
box. He identified letter which he received
from Lee, asking Frank to meet him at
certain time about some Crlyon work 1t
was signed Lee" Frank Me9splay claims
that he has no knowledge of any crayon
work.
William Purcell testified that he saw Lee
and Messplay on the St Joe railroad track
Frank Brown and William Harris told that
they saw Lee roaming around the Burlington
and the Elkborn tracks, on October 10, east
of the city near the crossing of the two
roads They regarded his actions as sus-
picious. b. King, mayor OF York, testified
to finding a hatchet at the spot where Bis
sell was ambushed. The hatchet was identi-
fled as belonging to Judge Bennett, whose
law office was located in the same building
and on the store with Lees gallery, before
the latter's removal last summer. Bennett
says Lee often borrowed the hatchet. He
has missed the hatchet since August 6.
The defense then took charge. The first
witness was Miss Josie Hanson. She is
Lees sister-in-law, and was employed in
Lees gallery. She testified that she never
saw the hatChet in question, and that Lee
had a hatchet of bis own. Forrest Smith was
put In the box. He worked for Lee at the
time OF the assault He overheard Lee
speak about indemnity for death or injury
incurred in a hold-up, when Lee and George
were discussing the taking out of a policy.
Smith said he was living with Lee the
night of September 15-the evening when
BSsell assaulted He stated that ne
and Lee went from his home to the gallery
at 7:15 that evening. They worked at the
gallery for an hour, then Lee went to the
Bryan headquarters. He returned and
worked half an hour. Smith and he drove
In buggy to Lees house. Lee went in the
house, while Smith put away the horse. Lee
was in the house the rest of the evening,
Smith asserts. The testimony of Smith ap-
parenty strengthens Lees a good deal |
The counsel for Lee also introduced evidence
tending to show that Messplay was scoun- |
drel. Lee will go on the stand tomorrow |
The attendance at the trial is the largest |
ever seen in the court ROOM and a noticeable /
feature Is that large part of IL Is made up |
OF forks leading society women.