The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-18
DEFENDANTS ARE
ACQUITTED BY JURY
Frank StCIair and James GAL
Iagher Free
OF ROBBERY C. H A R G {
Other Cases in the United
States Court.
OF ROBBERY C H A R G {

Frank st, Clair and James Gallagher
were acquitted by jury in the fedora
court yesterday. The men were charged
with the crime Of robbing the postoffice
at Galva, Kan, on the morning of No
vember p. 1902.
The case went TO the jury at O'Clock
yesterday and the verdict was returned
shortly before in the evening.
The case of the United States VS.
Frank ST. Clair ct al. was resumed yes
terday morning in the federal court with
the continued examination of the de-
PENDANT, St Clar. The court room was
almost empty when Judge Pollock took
the bench, interest in the case having
apparently died out TO great extent.
The testimony during the proceedings has
been mainly a repetition of evidence,
each witness having been asked, in sub
stance, the same questions in regard 10
the footprints about the postoffice build
ing and the identification Of the defend
ants.
st. Clair, upon taking the stand, further
testified as to the manner in which he
was dressed. He told of being sick in
the county Jail at Mcpherson and of
being given medicine at that time by
the jailer. Witness once more went over
the ground of his journey from New
Mexico to Inman, Kan, where he was ar
rested for the robbery Altogether his
testimony. While given in a straightfor-
I'd M n
press the jury.
When Attorney Dean took the witness
for cross examination he assailed every
bit Of st. Glars testimony. forcing him
to admit that he left Moline with money
in his pocket and the avowed intention OF
beating his way to the coast. Witness
admitted having been arrested several
times during the trip, but commended that
he spent but very little money on the
way.
AR Dean spent some time in going
over the journey in full. to impress upon
the jury the fact that the witness had
spent most of the money he had on leav-
ing Moline during this trip. When Al
torney Dean for the prosecution had fin
ished St. Glars testimony had been bad
ly shaken and it was apparent that the
jury had lost faith in him.
Mr. Dean introduced for Identified ton
letter from man named Bennett in
Chicago. addressed to ST. Clair and
found in his pocket at the time of ar
rest which was of such character as to
directly refute the dispositions taken from
Moline business men which were intro
duced on Wednesday.
Gallagher was next called and first eX
smined by Attorney Keith for the de
tense Witness stated that he lived in
Indianapolis. md. Up to the time he
left there for the west. Gallagher ad-
mitted beating his way over the country
and told of meeting ST. Clair while on
tramping tour at Dodge City. He stat
ed that he had practically no conversa-
hon with St Clair at that time. and
next saw him at Hutchinson. Witness
told Of leaving Hutchinson with St. Clair
and going to Inman where they were
hoth arrested. From this point Gallagher
simply corroboTa ted the testimony of St.
Clair as to their actions. the time of
their arrest and wnat was done after
this event
Gallagher had no lengthy recommended
tons as to his character. but his testi-
mony was Of a frank nature and with
stood the attacks Of the attorney for the
prosecution better than St Glars. n
was nearly noon when Mr.. Dean finished
the cross examination Of the witness ana
Mr.. Harris for the defense read a deposi-
ton from restaurant man at Hutchin-
son which stated that roughly dressed
man answering the description of St.
Clair ate supper in his place the day or
the robbery.
Attorney Matson Of The defense was
called to the stand for the purpose OF
proving that Underhil. the man who
pleaded guilty at the last term is in the
penitentiarY. having confessed to the
crime of rohbing The postoffice. 1t was
expected to show through Mr.. Matson