The Butler Weekly Times Newspaper, August 29, 1883, Page 4

BUTLER WEEKLY TIMES thas. T. McFria <tciToR AND PROPRIETOR. “TERMS OF SUMSCRIPTION: The Weery Times, published every Wednesday, will be sent to any edaress one year, postage paid, for $1.25. BUTLBE MISSOURI. WEDNESDAY, AUG. 29, 1383- FRANK JAMES. The Fifth ee addines in the Trial of Frank James at Gallatin. Mo. The Counsel Presents the Case to the Jury—The Story of the Winston Train Robbery. The First Witness to Answer to His Name is John Penn of Colfax, Towa. Frank’s Career in Tennessee, Ken- tucky and Missouri—The Con- spiracy to Commit Robbery in Missouri. Dick Liddil Recalls his Story in a Very Able Manner and Tells all he Knows About Train Robbery. Presumeing that our readers would about as leave read the evidence in the great James trial now in progress at Gailatin, Mo., as anything we might write, we have concluded to give as much of our space to the tes- | | timony as possible. In order to do this we will have to putit on both sides of our paper, and if the reader wishes to read it connectedly he will have to open the paper and read the notice of it published on the inside first, and then turn to our editorial page. THE EVENING SESSION. The court re-assembled at 4:30 o’clock. At this time Henry Clay Dean made his appearance for the first time in court, and had a seat withthe council for the defense. The court at once asked if the de- fense were prepared to answer their challenges. ‘‘Yes,”” was answeied, and thereupon the shenff called the tollowing twelve to try Frank James | on the charge of robbery at Winston, and the murder ot Conductor West- fall at the same time and place. THE JURY. a. Lorenzo W. Gilneath, aged 4o. | Charles R. Nance, aged 38. James J. Snyder, aged 35. Benj. F. Fevert, aged 25. Oscar Chamberlin, aged 26. Richard E. Hale, aged 23. Jason Winburn, aged 4o. . Abiasha Shellman, aged 38. 10. W. L.jMerrill, aged 24. 11. James B. Smith, aged 27. 12. James W. Boggs, aged 44. SU EYEE p Following this the court ordered | the state and defense to call their witnesses so they might be sworn. WHO ARE ON THE Jury. In regard to the jury it can be said that they are all comparatively young men, the oldest being 45. They are all thrifty farmers, rated as citizens, and politically are all said tobe democrats. Sheliman served in the umton army or the state militia during the war, and Winburn served in the confederate army. All the rest never smelt smoke nor saw an angry shot fired. **What do you think of the jury was asked Mr. Wallace. : “I don’t know.”’ *-What do you think?’” was asked of Mr. Hamilton. “I won't say.” ‘*What do you thin was asked ot Mr. Rush of the detense. “They are all valuable and thrifty citizens.”’ i The general impresson 1s that the defense have won half the fight in getting the jury. The prosecution however, is confident, or so express- self. The jury means nzequittal or disagreement. The cuts favor of acquittal. All witnesses present were sworn znd will be excluded from court dur- ing the enforcement of the rule. Gallatm, Aug. 24.—There is an earnest look about good esi are in matters to-day. Missouri j | and a satisfied look around town, going on. Is are general J. O. Shelby, { | Governor Crittenden. got in yesterday, and has been more | or less indisposed since. Governor | Crittenden got in to-day, and was in ‘court during the forenoon, sitting > | with the prosecution. THE TRIAL. The court convened at the unsea- | sonable hour of 8 o’clock, there be- | ing present as an audience a deputy, | | sheriff, the clerk ot the court, the | jury, one of the detendant’s counsel and four representatives of the press. | With these as a nucleus, the court | ordered the proceedings of the day | to begin by directing the sheriff to | bring in the defendant. While ab- | sent after Frank, counsel dropped in | one after another, looking as if they | had gotten a surfeit ot morning fresh- | ness, or had not gotten as long a sleep as nature prescribes. Frank was brought in and looked | decidedly well, brighter, and with a | better glow on his countenance than he has shown during previous days ot the ordeal. | Additional witnesses tense were called, sworn, and exclud- jed from the court during the trial. | Next in order the same proceedings | were gone through with on the part | of additional witnesses for the pros™ ecution. The redoubtable Dick Liddil did not appear among ‘‘the additionals,”’ though in the vilhage. for the de- MR. WALLACE’S STATEMENT. that there pre- The court announced would be allowed each side to sent or make its statement of the case to the court and jurv, whereupon Mr. Wallace presentea the case for the state. In bret, Mr. Wallace said that while criminal practice al- lowed him to make a statement ot the magnitude of the crime, and set forth tacts that would even augment ed against the defendant, put, con- ;tmued Mr. Wallace, 1 will not pur- | sue this course, but merely put forth the facts that will corroborate the tacts alleged in the indictment. Following this, Mr. Wallace read the indictment, charging Frank James with complicity in the Wins- ton robbery and the murder of Mc- Millan. He then, in turn, graphic- ally described how the train was sig- naled and stopped; how, in turn, }each step of the robbery and the | tragedy of Winston was enacted. The particulars were given in detail, | every point minutely mentioned, and | it was avowed that each in turn | would be proved beyond the possi- ' bility of a doubt by the prosecution. | The story, as told in all the par- | ticulars, was a repetition of the af- |farr made familiar to the public | through the press. Coming to the | point involving Frank’s connection | with the robbery and tragedy, Mr. , Wallace said that five men were en- gagedin the double crime. Evi- dence would be adduced to show jthat Frank James, Jesse James, | Wood Hite, Clarence Hite and Dick | Liddil were the parties. Frank and | Jesse Tames and Wood Hite entered i the cars, and Dick Liddil ard Clar- ence Hite had charge af the engine. With this assertion, Mr. ithe purposes of | Thereupon Mr. Wallace related that ithe band was organized in Tennes- see for the purposes of robbery. In 1877, Frank and Tesse James, with | their families, moved to northern Tennessee, and sub:equently went to living in Nashville. There the band was organized. It consisted ofseven. Frank James was the oldest member. Next was Jesse James. Then followed a descrip- tion of Jesse Tames. | Frank went under the name of B. K. Woodson and Jesse as [. D. ' Howard. Wood Hite was named as a merm- ber of the gang and described. Dick Liddil was next mentioned | and desenmbed. Bill Ryan was another. Jim Cummins was another. Ed Muller was another. The three last, Mr. Wallace averr- ed, were not memgers of the band when the Winston robbery took place. ; | which clearly shows that the case 15 a | Among the latest arriy- | individual, and was interrupted by and | Colonel Phillips. who objected to The tormer | the statement as setting forth matters | the heinousness of the erime charg- | Wallace | | next stated it was proper to reter to | the James band, its organization and ; its organization. | | call brought John Penn into court as | | WAS THERE A CONSPIRAC | Mr. Wallace gave a history ofeach ‘ not alleged in the indictment; and | evidence on such points would be elevant and inadmissable. The court said the question was | whether a conspiracy could be prov- ed when not alleged to make out a crime charged. He was ready to | hear arguments now. Colonel Phillips presumed the } question would come up again, and then could be argued and disposed of; meantime he filed an exception to the court’s ruling, that the state- ment could continue in the vein as started. | Mr. Wallace continuing, told how the band came to leave Nashville or that viinity. Bill Ryan left Nash- ville, where he went under the name of Tom Hill, to visit the Hites’ near Adairville. Enroute he got drunk, threatened the life of a justice of the on his person aroused suspicion. News ot Ryan’s arrest alarmed Frank | alias B. J. Woodson, Jesse James alias J. D. Howard, and Dick Lid. | dil ahas Smith, and they lett. { THEIR ROUTE NORTHWARD. on their journey; told how Clarence Hite joined the gang. As evidence Mr. Wallace set torth that a box of guns was shipped from Nashville to John Ford at Lexington, Mo., and thence reshipped to Richmond. John Ford was a brother of Bob and | Charlie Ford, and is now dea | other part related was that the | boys’ families lett Tennessee just af- their ter their husband, and among traps was a sewing machine belong- ing to Mrs. Frank James, which was shipped to Pope City, it being her intention to meet General Shelby. i THE RENDEZVOUS. Then followed a statement setting torth that the gang Mrs, Samuels’ residence near Kear- ney and at Mrs. Bolton’s in Ray county, she being the sister of the Ford boys. Mr. Wallace then came to the point and announced the _ fact thet Dick Lidd:l would be a these facts. A conspiracy, or such a band could only be discovered or broken up by one of its members. Liddil, surrendered under promises of exemption from the consequences ot his crimes, has accomplished this. Wallace claimed intro- However, Mr. that there would be testimony duced, the testimony of respectable citizens ot Daviess county, who had seen Frank in this county about the time of the Winston robbery. He him, and though he wore _ burnside whiskers at the time, they would swear to his identity now. All this formed circumstantial evidence, but award the punishment due the de- fendant for the outrage and against law and lite at Winston. Atter Mr. Wallace’s statement. | the first witness honored with a call in the great James _ trial Dr. ! Brooks. Dr. Brooks did not answer, Dr. G. M. Claggett was cailed. Dr. Claggett did not answer. There is luck in odd numbers, says Rory O’More, «and was and the third the first witness tor the prosecution. THE ENGIN R’S STORY. Addison E. Wallcott was | witness. | train at Winston. He was engine 19:30: it was dark. He gota signal | to stop shortly atter leaving station. | Somebody called out to go ahead. | | Witness looked around to see who | gave the order, and two men jump- | ed down off the coal in the tender. i They had revolvers and ordered me | to go ahead. keep it going or they would shoot. | They told me to stop at a tank in a | They said they didn’t want I to hurt me, but would do soit I didn’t ! ‘ hollow. obey orders. Whilegoing down my | fireman and me went around the engine, jumped off and got on the | third car, and there saw the expre: messenger and two ladies stan¢ ‘up. The rest were under the seats. | L asked it they had left the train, and aS | the baggageman and I went into the * yy men. peace, was arrested, and the plunder | Then Mr. Wallace followed them | An- | | rendezvous at j witness to | was seen, known and recognized by | an unbroken chain strong enough to | crime | rain left at | And they told me to | ho come baggage car. ‘Lhe men | on the engine were dark, good-sized It was so dark I could not plainly. Witness heard hots in the b: ‘see them | five or six s !Woatness did not reme of the train nor what it consised of. | The operation of the air brake was | explained. The first stoppage was | about 2,000 yards from the station /and the next two miles. Witness | didn’t know who applied it the last! | time. The cross-examination developed | nothing new, nor anything contra- | dictory to the evidence given on ex- amination in chiet. The witnesses | stated the two men on the engine did not haye it while the firing was go- ing on. and knew nothing of what was goingjon at the rear ot the train. car. size rerage yer the THE BAGGAGEMAN’S STORY. Frank Stamper was the next ness. Witness was baggageman. The | and express car were to- | | gether and next to the engine: the ex | | press agent was onthe car. Witnes: related that the train coming toa stop, | | he stepped in the side door with his | light, and was grabbed by the leg’ and pulled out, and a man pulled a | revolver on me and told me to stand | i still. The train then moved on, and } 1 running I got on it, passing through | the passenger coach and sleeper, the | passengers asked me what was the matter, and I said, ‘trobbers.”? The consisted of a sleeper, a wit- | | baggage | train smoking-car Witness said the | the side of the car. men came up to on the north side, | They | | | and baggage | four or five, or six of them. } said **come out.’? No shots were out, then there smoking car | baggage car. Westfall was the conductor. Witness saw Westtall at the stationlast. Witness stated the train stopped the last time } two miles from the station, and there | | the robbers left the train. On cross-examination witness re- | iterated the story without any mate- rial change as to facts. On re-examination witness said he had his light in his hand, one of the men distinctly when he came up to the door and pulled | him out. beard wore a gray shirt. He was the same man that | stood guard over him. | Oa cross-examuination. witness said | until he shots in fired got the ; were «and in the | man. He was not masked. Not | any oi them were, that he noticed, and witness would have noticed it. There was no masking unless they | | wore false beards. THE EXPRESS AGE Charles M. Murray resides at | | Davenport, Ia.; v on the | train at the Winston express agent of States. When a_ short ston the train was S SOTRY. | rob- | bery, and j the United distance from V stopped and the baggage master | rushed to the door to see what was the matter, and was pulled out. I | heard some firing and there was some sample trunks there and | drop- ped behindthem. The train moved on and then stopped again. Then a man came in and demanded my money. He asked | was, and I showed him: thekey; I gave itto him, and then, he directed me to open the safe. I} money, or I was where the sate demanded | Cid so and ke got the gave it to him, I don’t know which. | He asked me repeatedly it that was had killed the He saia they } conductor, and were going to kill me | and the engineer, and ordered me to int. get down on my knees. I He told me again. but I he struck me over the head a ked me unconcious. I didn’t come to | until the baggagemaster came to my relief. didn’t know much | how i { | taken. | Witness money or treasure was Witness declared the pack- ages taken. but covld not tell any- | other room. alue : nor could he thing as to their remember the | sawthree men(robbers) all told, and two came into the express car. AFTERNOON SESSION. The court reconvened at 1:30, and the room was speedily thronged. A greater number of ladies graced the number. \Vitness than on previous occasion any WS: S. Earthman of Davidson | county, Teanessee. was examined by Mr. Wallace. Nashyille is in ness ts back Da idson county, and w ' creek. | ville up to the tall of ‘saw him after that. ' with Jesse as Frank. | the name ! recollect seeing him later than the ! farm. Witness resides tax collector. | miles north of Nashville on Whita’s | Witness knows detendant; saw him first in 1879, and became well acquainted with him at a horse Knew him as B. G. Wodson. race. Woodson resided on Smith’s place, | ! arterleaving there didn’t know where he went, but saw him about Nash- 1880. Never **Did you know Jesse Jame Obdjected to by defense as_irrelev- ant. Objection overruled. Witness rephed that he knew Jes- ‘se. Saw him at Frank’s place got acquainted with him at a horse race. Witness was not as well acquainted Jesse went by of Howard, and doesn’t tallof 1879. Witness saw Frank and Jesse trequently together. He didn’t really know who they were. Witness was here last June and saw defendant in the courtyard, and they spoke. Frank, or Woodson, asked the witness if he hadcome up here to hang him. Mr. Earthman, the witness, con- tinuing told of the arrestot Bill Ry- an. When arrested he was armed and had $1,400 on his person. Ryan was afterwards taken to the Nash- ville jail. This arrest was made 25th of March, 1881. Witness did not know Dick Liddle. Ryan road a gray horse to the place where he was arrested. On cross examination witness said he had known defendant for about two years. He was working on his Woodson worked for witness during one summer, and was con- stantly at work. Woodson associat- ed with good people, and witness never saw him with Bill Ryan or Hill. MRS. SARAH HITE. The monotony of the foregoing testimony was just here brightened up by the sheriff being directed to call Mrs. Sarah Hite. She appear- ed in court quite tastily dressed—a He saw | light shade of tan, or an overskirt of | ot 1880, and found Frank James and | \that kind, and satin in matirial. The underskirt was of black; and plumes. Witness lived near Nashville with her father, Silas Norris. She had torty miles north ot Nashville, with her husband. She knew Wood Hite. He was the son of her husband. He has seven children, tour boys— George, John, Wood and Clarence. Wood was about 38 years old, and He died near Richmond, this state. He was buried near there. Wood Hite was about 5 teet 8 inches, and had light moustache, light blue eyes and dark hair. His movements were quick. Witness saw him last in November, 1881, about the first. Witness had seen him before in Sep- tember. Witness had seen Frank James. The first time was on March 27, dead. 1881. He came to witness’ house in the morning. He came with Dick | Liddil and Frank. Jesse was nding and Dick and Frank were walking. They did not say trom where they came. They were armed; Jesse and arifle: Frank with two pistols had pislols and Dick Liddil had _pis- | tols anda gun. They stayed there a day or two.’ C George Hite were there and Hite and my father. saw «them ain on the 26th of April and the leftonthe 27th. F. Jesse James and Dick Liddil came back Witness stated that pur- approached the larence, Wood and k and together. suers and officers houses the Jameses ana Liddil. Jesse Liddil stood by a window with their guns in their hands. see what Frank did. He was in an- Frank came on April 26, and left on the 27th. Witness didn’t know where he Clarence Hite was about 21. He was tall and slender, with blue eyes and light hair. He died on the 10th of last March consumption Clarence did Ken- tucky in 1881, but was in Missouri. He left there in May. Wood home about the same time. ness next saw Clarence in S ber. Witness then went to bama, and then never saw with not remain in Wit ptem- Ala- Mr. | - | ture on Friday. I They came excited—that 1s | and | Witness didn’t | went. | left | Clarence ! he came home to die ¢ was related to Frank and Jesse James, his wite being their | aunt. ! DICK LIDDIL’s sTory. Witness said he was 31 years old, was raised in Jackson county, and | became acquainted with Frank and | Jesse James in 1870 at Hudspeth’s. | in Sni-a-bar township, Jackson coun i ty. Witness had seen them there 3 | dozen times or more, and saw them there trom 1570 up to 1875 or 1876, He saw them together sometimes, and sometimes separate ; saw Frank and Jesse James, Cole and Joby Younger; witness saw them there together, two and three of them at a time ; they were generally armed and on horseback, and sometimes would stay all night or two days and some- times only two orthree hours. Wit. ness knew from the words and ac. tions of these men that they were banded together. The defense objected, and the court said that the evidence ought to be confined to the allegations in the indictment. Mr. Wallace insisted upon his proof, and proposed to show up the story of the James band, and up to the very time of the Winston rob- bery. LIFE IN TENNESSER, Witness stated there was a gang in the country known as the James band, and that he became a member of it four years ago next fall. He saw Jesse James at Ben Mander’s in Jackson county, four years ago in September; had a talk with him, and afterward went with him. There were Wood Hite, Tucker, Buckner, Bill Ryan, Jesse James and Ed Mil ler in the band; that was in 1879, and in Missouri, jackson county, From there we went out of the state about that time, and the band, part of ’em went out of the state. jesse and Ed went to Tennessee. I went | the following tall to Tennessee, to Nashville, or three miles this side. Went on horseback with jesse James | Witness stated the trip was in July | family there, and jesse’s family. | Witness staid therg a couple o | The man had a long gray | quite a handsome face was set off by | weeks, and was inand about Nash | vest and white |a French chip hat with drooping] ville for nearly a year thereatter. ' The men mentioned, Bill Ryan. Jim Cummins and Wood Hite, came there during this tme, Ed Mille | the man was rather a tall and slender llived in Adairsville, in Kentucky, | wasn’t there. Jim Cummins stayed | with Frank and Bill Ryan with Jesse, and then Ryan, jesse and Cum mins boarded with a Mrs. Kent Jim Cummins was 6 teet tall then) and had sandy hair and red chin’ whiskers. Witness saw Cummins last in yanuary of 1881 near Nash ville, and don’t know where he went. Hasn’tseen him since, and don't know why he lett. He just got up and left all ota sudden lke. Wit ness continued to tell the story ot the about Nashville and in the city of Edgefield. NASHVILLE NOTES. Frank lived on Fatherland street. ina brown frame with tour rooms one after the other. The house wa on higher ground than the street an was numbered 814, There wer there Frank james, jesse, mysell | Bill! Ryan and jim Cummins. we | left there on the 26tn of March, 1881, | gesse, Frank and I. Bull Ryan haé got captured, and we took a scatt j and lit out [laughter]. Bull Rya | left on a gray horse the day he w# captured. witness saw the report ® | a paper on Saturday of Ryan’s cap ‘em, an | Frank, Jesse and I iit Frank had a horse, and jesse and I captsr we went to old mas bandit’s residence told out. | ed one apiece. | Hite’s in Logan county, Ky. Jesse’ gave out and # got two more._ we were all armet, | Hite’s is forty miles from Nashville we got there early in the morning. jesse and I on foot. witness s ! wood Hite. Mrs. Hite and Mr. Not | ris was there. IN KENTUCKY. The party staid there four or {daysandthen Frank, Jess | Hite and witness went to julius Hite}, , three miles away. because @ T ee officer made his appear near old man Hite’s. The ps4 staid at Julus’s a week, returned | old man Hite’s, and staying a 02% went off to Nelson county, Fras, | jesse and witness. They stopped (Continued on next page) horse and mine ne