Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-10-13

timation as TO his whereabouts. his healtf
| or sickness. is a condition that savors verl
much of barbarism."
The prosecuting attorney quailed unde
the fierce denunciation which the cour
had delivered Inspector Halpin moved un
easily IN his chair. The court looked aDou
| the room for a moment, and then opene,
the law books at his elbow and read III,
three following extracts, the last OF whicl
IL from the constitutions:
No person should be deprived of life. lib.
erty or property without due process OF
''The people shall be secure in their per.
sons, papers. homes and effects. from un-
| reasonable searchers and seiZers; and nc
warrants TO search any place, or seize any
person or thing shall issue without de-
scribing the place to he searched or the
person or thing TO be seized, nearly as
may he: nor without probable cause, sup
ported by oath or affirmation reduced tc
writing.
Shall Not BE Violated.
"rhe right of the people to be secure in
their person. houses, papers and effects
against unreasonable searchers and seiz-
ures shall not be violated, and no war
rants shall issue but upon probable cause,
supported 10y oath or affirmation, and par.
i!cularly describing the place TO be search
cd and the prisoner or things 10 be seized.
\ death-like silence reigned III the court
as the judge closed the hook. He took off
and then said:
The prisoner is released
james was Immediately rearrested on the
warrant issued by Justice SpltZ by De
justice who placed his bond at $500. 1t
was furnished by +. F. Swinney, cashier
Of the First National bank. and +. c.
Farr, The lawyer. Upon his release james
Immediately went back to the court house.
intending to resume business but when he
arrived there he found that he did not
away from him. together with Si5.io in
money, when he was arrested. He jour
neNed over to police headquarters for the
purpose Of obtaining them. but he found
that they had been left at No. police
station, and he was Informed that if lie
wanted them he would have TO go after
them.
The preliminary hearing of Jesse James
VIII take place in Justice Spitz' court next
Monday ut o'clock.
Andy Ryan, who il was thought would
ID" Hrraigned with Jesse James yesterday
in the court of Justice Spitz failed to put
m an appearance. Chief Hayes had given
MN permission to go. accompanied by IA.
OFFICER, TO Kansas City. Kas. where he
had legal business TO attend TO.
The grand jury was in session at the
time the habeas corpus proceedings in be-
half OF james Were occupying the atten-
ton of Judge Henry and the corridor of
the county Jail building. the private offices
ana the stairways Were fairly alive with
detectives. marshals and witnesses. Chief
ifaEts spent most of the day talking in u
mysterious way with his colleagues Detec-
tive Lem Harbaugh and Detective TilIot-
son. OF the Pinkertons, while his subordi-
mates. Detectives Sanderson. Bryant and
heshlear. Kept the witnesses in line and
refreshed their memories with pointers
they desired explained for the benefit of
the grand jurors. Assistant Prosecutor
Brady conducted the examination and sue
ceeded in extracting from six witnesses all
the information they possessed which re-
lated 10 the train robbery W. W. Lowe
the informer. was the first witness He
was on the stand for more than three
honrs. and was subjected to a close eX-
animation. When he emerged from the in
QUESTION chamber he was the opposite in
looks, of happy and an honest man. His
eyes are bloodshot. Heavy seams mark
MS features: and he walks with a shifting
ana shambling gait. He keeps his eyes
downcast; his hands twitch nervously. and
MS attitude is that Of one who finds his
cross a heavy burden.
Engineer Slocomb. the man who held the
throttle of the Missouri Pacific engine AT
tne time OF the robbery. was the second
witness Self. the liveryman from whom
a a, puggy was hired early on the evening of
the hoidup. by stranger now believed
TO he Jesse James. succeeded the engineer
and Mrs. Dillingham;. who lives near Leeds
and her two daughters completed the LIST
of witnesses. ''
ice. as embodied in his written confession
Whlch was before the jury; Slocomb tuId
OF the manner In which the train was held
up. Self described the condition of his
morse and buggy after the return from the
country, and the Dillinghams related tbat
shortly after the explosion they heard and
saw Two buggies driven rapidly in the di-
rection of Kansas City over a not freuuent
~ used road near their residence Each
puEgy tnaIys cohtnined two men. The horse at.
al gallop, and the other horse which was
possibly three-quarters of a mile in the
rear, was driven at rapid trot Mrs. Dill
could rot see the men plainly she
SAID, but one of the men In the first hi,et,v
was trying to control his horse and smoke
10 S,a II IN deep, hoarse tone. She is positive
sba sue sue would recognize the voice should
believe that they now have The nyrnnr 81
me hp deep hoarse voice, in custody.
ssSisfant ssSisfia Prosecutor Brady did not wear
a aad1ourned. 1T is hard work" said he 70
detective. ito get witnesses to relate the
He as Mos sheE Know and understand them"
bevy of detectives, who anSiousIv aSl,ea
what ila,,, he wanted them to do ''''>eu
prosecutor pros glanced about him and knowine
lhat even walls have ears. suggested az
adfjJoHrnnent TO his private office.
grand gL9rG ir1 takRing eng, his departure from the
looking revolver which was wing on q
table II was about ten inches long ana
n 15S wooden ;tS len, handle was braced with brass
~ AdGress Samuel Colt, New York Citv
=. s A: Detective Bryant later tao,.
enafge enidsnt OF It and number of letters which
pistol looked like an heirloom. r. wae ae
used, so the detectives claim nv ono "af af
Ine mel. IRAN robbers. 1t has not yet been for
ra iaentiled by a witness. but the old
important part in the case. OH
To-day Chief Hayes Detectives uar-
pre ppauen IIi,I,9tson. sanderson.. Keshlear and
lowing them will be a host of witnesses
VINO are expected TO cerroborate their
'e'
Andy RyoD prae
Headquarters last evening at 6 o'clock aft
er his return from Kansas City. Kas., and
was cheerful during the proceedings. He
was was taken TO the holdover and placed in an
reporter for The Journal.
rms experience is not II new one to me-"
ne said, laughingly. ''In 1881 the police
S,s, had me tor nearly four months for a train
fobbery-that of the Chicago &. Alton i'm
the Blue cut and they did not make any-
thing out of me then. and they'll not make
anxthlng out of this present charge"
,,,,N,, Wns.e were you on the night of the
MISSOURI Pacific train robbery?" he was
asked. was
He Was at Home.
AT home. most of the time. / did not
get through my work at Armour's until
nearly half past {. From there I went
home and had supper with my wife and
Two children"
Where did you go after suppet?"
Il do not care 10 talk about the case.
but l can prove where | went and who
saw me-
But were you home most of the time?"
Yes, but l started for the city There
90! | am telling you more than l have
told Chief Hayes. But | don't care.
started TO go 10 lodge meeting and when
got half way / saw l was late. and so /
didn't go.
Did you return to your home?''
yes: L went home early and was there
talked with them and for the first time
h card that train had been robbed