The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-24

TUDDGIyV
by Jesse James,fo the purpose of look
ing over the ground, and that he Swore
that both rode from the place near
Leeds on a Missouri Pacific freight
train Lowe also said that the name
of the brakeman was Downer. We will
show you that the brakeman's name
was Harry Vallee, who had formerly
been a SchOolmate of Jesse'S, SO that
there could have been no mistake about
his recognizing the accused if he had
been on his train.
JESSE VISITED LEEDS FIRE.
QUENTLY.
1--WE will admit that Jesse did go out
to Leeds frequently, but that he drove
out in a buggy or rode his wheel, in or
der to see some school directors in the
interest of his sister, Mary, who was
seeking position as a teacher in one OF
the schools near Leeds, SO that she
could assist Jesse in supporting his
family. We will prove this by the
testimony of the school directors, whose
integrity cannot be questioned.
The testimony will show that it re-
quires 80 minutes to drive from the
home of Jesse to the scene of the rob-
berry. The confession of Lowe states
that the robbers drove from a point
near the James home to weed patch
three-quarters of a mile from the place
where the train was stopped and walk
ed the long distance and over a high
trestle. The evidence will show that
the entire James family was at home
on that evening, and that Jesse came
home at the usual time, and afterwards
went to a neighboring barber shop. At
ter this, he returned to his home and
carried valise belonging to his aunt
to the terminus of the TrOOSt avenue
cable, where his aunt boarded the car.
I'VE will prove that the defendant
was in the drug store of E. S. Jones at
$50 O'Clock where he amused himself
with the slot machines for some time
We will show that he stopped in How
ards drug store for about so minutes.
and afterward went directly home and
l.
family when the explosion oc-
Cured. After Jesse has retired we will
show that a stranger knocked on the
door and asked the address of some
person, and that Jesse was at home at
this very time. The evidence will show
that Jesse was indicted with Lowe on
a joint Indictment"
'I object to that" protested Prose
cutor Reed.
But Mr. Walsh continued: But was
afterward reindicted. and the purpose
of this reindictment was but Mr..
Reed objected SO vigorously that the
court called on Mr.. Walsh to refrain
from referring to the purpose of the
indictment
I'VE will show you that Lowe was
not treated as an ordinary prisoner
but he was again interrupted by Mr.
Reed, who insisted that such statements
were irrelevant. but Judge Shackleford
permitted Mr.. Walsh to say:
'Since Lowe confessed he has been in
the hands of Detectives Harbaugh, TIL
Iotson and others. He has been kept
in the Westport jail
Mr. Reed said that it did not matter
where Lowe was confined, but Judge
Shackleford sustained Mr.. Walsh and
said:
1.-THE defense has a right to show the
circumstances under which loves con-
fession was made"
Zone man has been detailed to care
for Lowe since his Incarceration, and
Lowe has been permitted to go out on
h..r1 ir1rw %vfrN rr-sN !, -
accompanied by this same policeman.
We will show that loves confession
was a fabrication, and believe, gen.
tlemen of the jury, that you will find
that the boy sitting here before you if
not guilty
After Mr. Walsh had finished a re-
cess was taken until 80 p. m.
JOHN J. BROWN FIRST WITNESS.
The first witness was John J. Brown,
a civil engineer of Wichita, Kan. A
map marked Exhibit A" was submit
ted which showed in detail the plat of
the ground from Thirty-fifth street and
TrOOst avenue to the Belt Line cross
ing. All the important distances were
marked.
Prosecutor Reed questioned the wit
ness very closely, asking particularly
about the distances between important
places connected with the drive of the
robbers from Self's barn to Leeds. At
torney Walsh asked the witness some
questions which were decidedly pointed
Mr.. Brown testified: Il have been in
the employ of the Missouri Pacific rail-
way for thirty years. I made the
measurements for this map January
4, 1899, and was accompanied to the
scene of the hold-up by Detective Har-
baugh, Lowe, the engineer of the train
that was held up, my rodman, and sew
eral other persons whose names I do
not know"
"Who showed you where the fence
was cut?" asked Mr.. Walsh.
detective Harbaugh," replied the
witness.
Mr. Walsh piled the witness with
questions for some time, asking partic-
ularly whether the witness had made
the map himself and whether the map
offered for the inspection Of the jury
was the original or not. The witness
replied that it was a blue print made
from the original.
Mr.. Walsh asked for Detective Harbaugh
to be brought into the court room, As
- Now, Mr.. Brown, I would like to have
Detective. Harbaugh. land tell me whether
this Is the HarbaHgh who aoe8mP9e MED
scene of the hold-up.'
The witness identified him.
WITNESS.
when the name Of William W. Lowe. the
with fair head. high forehead. sandy hair
pugnacious, brownish musta ache. His eyes
are light gray, cold and calculating. He
was on his guard at all times and affected
under examination a lack of COM
prehension of simple questions, so eager
was he to make no breaks.
Lowe said that he knew Engineer Slo-
cum of the train that was held up.
Where did you first meet Jesse James?'
asked Prosecutor Reed;
In Justice Krueger'S court sometime
last May" said the witness.
What was Jesse doing over there?'
Mr. Walsh objected to the question and
was sustained by the court
when you met Jesse and commenced
to talk to him, state what took place."
I'VE introduced ourselves to each other
and talked about Kennedy