The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-24
JAMES TRIAL ON.
COnfessOr Lowe the First I'm
pOrtant Witness
Against the Son of the Famous
Missouri Bandit.
TO PROVE AN ALIBI
Will Be the Defense Of the At
tOrneys Of James.
While the State Will Rely on
loves Story.
70 PROVE AN ALIBI

DGS1u III the 0ASLTACl
day, Judge Shackleford presiding.
Both sides outlined their cases and it
is now evident that the state is to rely
principally on the confession OF Lowe.
and that the line of defense which has
been selected is the establishment of an
aIibi. Both sides will attempt to prove
that eonspiracies existed; the state will
attempt to show that a conspiracy ex-
listed between Kennedy, Lowe and Jesse
James, and the defense will attempt to
prove that there is a conspiracy on the
part of the detectives and the police to
convict Jesse James, using the self
confessed train robber, Lowe, as their
instrument; also that Lowe never sign
ed a confession or statement concerning
the robbery.
PROSECUTORS REEDS STATE
MENT.
The case was formally opened by the
reading of the original Indictment
against Jesse James, charging him with
having held up a train for the purpose
of robbing it. He is also charged with
having taken $29 from the express mes
senger. After reading the Indictment,
Prosecutor Reed addressed the jury as
follows:
Il shall not attempt to go into all the
details of this case in my opening state
ment but shall outline, briefly, some OF
the most important points. The EVIL
dence will show you that a Missouri Pa
cific train was held up near Leeds, on
the night OF september rs, last ~ e
men participated in the hOldup; four of
them wore masks, and one of them had
a white handkerchief across his face
The exact spot where the holdup oc-
CURED was the Belt Line crossing, and
1 will show you a map which has all
the principal points indicated This map
was made by a competent engineer The
robbers met at point just pack OF the
James home. and prepared themselves
for the undertaking there, and immed-
lately drove out to the scene of the
ho1dup."
Then Mr. Reed related the circum-
stances connected with the robbery in
detail, giving almost every point which
the state expects to prove. Mr.. Reed
reviewed the circumstances connected
with the acquaintance of Kennedy,
Lowe and Jesse James as follows:
when Jesse appeared in court as a
witness in Kennedy's behalf there began
the intimacy between them which term
mated in this crime. Jesse and Mr.
Lowe were close friends during the time
that Kennedy was being tried, and we
expect to show that Jesse asked Lowe
how trains should be held up. Such
conversations were continued often, and
Jesse invited Lowe to visit him at the
cigar stand in the court house. Lowe &C
cepted these invitations and we expect
to prove that finally the two decided to
hold up a train. Lowe still visited Ken
nedy, and the latter said that man
was expected to arrive in the city with
in a short time who was an expert train
robber. He said that this mans name
was Evans. After this Andy Ryan was
taken into the confidence of the con-
spirators, and the robbery was still be-
ing planned. Prior to the robbery we
pect to show that Jesse and Lowe VS.
tied the place where it was intended
to hold up that train, and all the details
were reviewed. 1t was agreed that
Lowe should manage the engine, as he
was an engineer. We will prove that
Jesse said that he had two friends, one
called Charlie and the other an old man
who could look after the horses. On
q night of the robbery Lowe went TO
JeSSe'S house and was told that Jesse
had gone to the car line. He returned
within a short time and pointed to a
clump of trees south Of the house, and
said that the horses were waiting there.
Lowe FASTENED to the place designated
and found the horses quite restless, and
drove around some of the neighbOr1ng
streets. On Troost avenue he met the
man called Charlie and the old man.
While they were making themselves
known to each other, Andy Ryan came
up and in few minutes Jesse appear
ed, but excused himself, saying that he
had to go to the drug store. The state
will contend that he made these fire.
quent trips for the purpose of establish
ing an alibi.'
FRANK WALSH OUTLINES THE
DEFENSE.
After Prosecutor Reed had presented
the states case, Frank P. Walsh, the
leading counsel for Jesse James, rose
and addressed the jury THE state
bases it's case" said Mr.. Walsh, ION the
rObber, Lowe.
THE testimony will show that the de-
PENDANT is a young man % years old,
who entered a real estate office at the
age of IL years and from that time has
been his mothers principal support. AS
he was compelled to work for his liv-
ing, he was able to attend the high
school but one year. The testimony
will show you that for more than Is
years he was more a husband to his
family than a brother and son.
k1,s Nfr-F -I.S
ed, but was overruled.
I'VE will admit, continued Mr.. Walsh,
that the young defendant was fire.
quentIy in the vicinity of the scene of
the train robbery, but we will show that
he was there with his sister, Mary, and
for a purpose. We will show that Jesse
never met Lowe until last summer, and
that he never knew kennedy until the
latter came to him and introduced him
self This, we will show, was some
time last summer. The testimony will
show you that Kennedy frequently
came to the court house, but called to
see other persons, and not Jesse. It
will be shown he called there to see the
assessor and the collector on many oc-
casions- 1t will be shown that Lowe
came to Jesse's stand after the Leeds
robbery. We will show that the police
placed Lowe under arrest and subjected
him to what is known as the thirty
third degree sweating process.
THE testimony will show that Har-
baugh and several other detectives told
Jesse WnlIe ne was unQer arrest that
all the other men suspected of being
the robbers had confessed and had i'm
plicated him.
THE testimony will show that Jesse
was kept imprisoned in the Westport
| Jail until about p. m. the following
| day. 1t will be proved that Lowe ad-
mitted that he was himself a train rob-
Der and implicated others, Andy Ryan,
Charles Polk and that old gray headed
man that you see over there" pointing