The Butler Weekly Times Newspaper, September 5, 1883, Page 6

‘ : j i FRANK JAMES As Revealed at the Trial of Frank James Yesterday at Gallatin by His Former Comrades. The Cross-Examination of Dick Liddil Being Resumed Con- sumes the Greater Part of the Day. Members of the Ford Family and Other Witnesses Testify as to What they Know About Train Robbery. When Visiting Towns the James Band Were Always Careful to Bide Horses With Clear Titles. The Prosecution and the Defense Both Hard at Work—Notes of Interest Concerning the Trial. Galatin, Mo., Aug. 27.—The town has assumed all the animation of last week. Indeed, there are more people on the streets than on any day of last week, and the interest in the James trial is growing. To-day, up to the time of the court meeting at the trying hour of 3 o’clock, has developed nothing new. There is plenty of talk and lots of reminiscences related, but they are prosy beside the romance Dick Lid- dil began in court Saturday and will continue to relate to-day. THE TRIAL. The court opened punctually at S o’clock this morning to continue the great James trial. The court, as usual, was more previous than anybody else, and opened out for work to a very small audience, even the counsel being absent, except Messrs Hamilton and Shanklin tor the prosecution, and Governor John- son of the detense. Atter waiting several precious moments, during which the sheriff exercised his voice to the extent of making a fog-horn out of himself, everybody necessary to the case was corraled, and work began. At this juncture Mrs. Samuels, the mother, and Mrs. Palmer, the sister ot the aetendant, entered court, were sworn as witnesses for the de- fense, and excluded from court un- der the rule. LIDDIL’S STORY CONTINUED. The cross-examination of Dick Liddil was resumed, being conduct- ed by Colonel Philips. “T lived in Jackson county in 1870 but did not say up to what time I lived there; 1 do say up to 1875 or 1876. “When I left Jackson county I went to Vernon county in 1875 or 1876. I worked for my father there. What time were youthere? asked Colonel Philips. Mr Wallace objected and the court overruled the objection. Witness continuing, said; I don’t remember the time. I don’tremem- ber whether it was in 1874 or not. Sprague was associated with me in the thett. I had met him at his fath- er’s house. 1 wasin the penitentiary for thirty-one and one-half months. I went to Jackson county after I left the penitentiary and saw Jesse James Wood Hite, and Ed Miller at Ben Marrow’s in 1879. I saw others around there. Frank was not about there. Inever saw Frank, never had seenhim up to 1879. 1 joined what was known as the James’ band in September, 1879. We scattered out. Iwent to Fort Scott about three months afterwards. We lett because ot trouble. THE GLENDALE ROBBERY. ‘*What trouble?’ was asked. Mr. Wallace objected, because he said it would open upa new matter, not pertinent to the matter at issue. But ifthe whole history ot the gang und its robberies was to be put proof, he was ready for it. Colonel Phillips insisted upon the | question, and the court declared the | question competent. Counset for the state here asked the court to mstsuct the witness that he could decline to answer any ques- tion tending to criminate himselt. | “What trouvle?"?" again queried | Colonel Phillips. | Liddil—I decline to answer. in | ville, cline? Liddil—I don’t propose to crimui- nate myself. that the court should inquire as whether this would be the case. The court said he could not do so until he knew what the nature of the trouble was, as what it was itselt. Colonel Philips admitted that he wanted to bring up robbery of October, 1879- Mr. Wallace objected, and court said under the rule, the witnees de- clining to answer, could forced. Colonel Philips then continued the exanunation. ‘“‘I,’’ said the wit- Glendale robbery; from there went to Carthage; returned to Jackson county, and then went over to Mrs Samuels’ in Clay county. It was in the Jully following that I, Bill Ryan and Jesse James went to Tennessee on horseback, THE TRIP TO TENNESSEE. Colonel Phillips insisted upon a very minute description of their journey. He insisted on the witness telling where they lodged and with whom every night, through what counties they passed and the towns. The witness could not come to time exactly on these descriptions. Witness continuing said on their trip the party met no one with whom they were acquainted. ‘Did not you see General Shel- by?’’ was asked. Not on this tmp. I never saw General Shelby but once in my life, no, twice, but it was the next day af- ter I saw him the second time. It was in November, 1881. Continuing the story of his journey witness said: The party crossed the Mississippi river at Cape Girardeau, and then wentto Logan county, Ky., to the Hites. Wetound Mrs Hite, Wood and Clarence Hite there. That wasthe first time ever saw Clarence. I had seen Wood Hite in Jackson county at Ben Morrow’s. From the Hites, the party went to Nashville, and there met Frank. ThenI wentto Hites, returned to Frank’s and then down to Atlanta, Ga. THE RETURN TO MISSOURI. Tnen we came into Missouri. We got back in November. Jesse and I came out together, Bill Ryan having preceded us. We came out think- ing we might do something, but didn’t, and went back. Bill Ryan, Jesse James, Jim Cummins, and I went back together, and over about the same route as tormerly. Witness here described Jim Cum- mins, just about in the terms he did during his examination in chiet. Don’t know whether fim was married ; he never heard that he was. I never said that Jim, Bill and Jesse and I went south in July, but that we did in November. Met Jim Cummins first at Mrs Bolton’s in Ray county. On the last tnp we cid meet Gen. Shelby. We met him at his house, about 100 yards from it. I and Cummins were together; the others, Ryan and Jesse, were fol- lowing us. We had separated that day to meet at Gen. Shelby’s. THE CONCORDIA BANK. Colonel Philips—“Did you not, on this occasion, hear a conversation between Jesse and Gen Shelby, in which the latter said to Jesse that two young men had been arrested in that vicinity for robbing the Concor- dia bank, and asked Jesse. pointing to you, Mr. Liddil, said: ‘There is the man who koncked the Dutch cashier on the head?’ Liddil—No such talk ever took place in my hearing. Continuing, witness said he return- ed to Tennessee, making part of the | journey by rail; the others bringing on the horses. I remained around Nashville, and went over into Ken- tucky. LIFE IN TENNESSEE. We did not do anything there- abouts. During this tme Frank ames * his ¢: James lived on his farm, tending to his affairs, up to Feb. 1881, he moved into Edgefield to Never when live. have seen Bill Ryan sirce he d. arrested while on a spree Was arr in Nash- tor Read an account of it in the papers, Colonel Philips—Why do you de- Colonel Philips here suggested the Glendale | not be} { ness, ‘‘went to Fort Scott after the I have heard he was | Grawing his pistol. | heard it. since, and of ny own | don't know what became of him. | We left Nashville on the 26th of to | March. 1881, and got to old man Frank and | Hite’s next morning. We, | and I, borrowed two horses, Jesse rode one he bought of me. ' When did borrow _ these horses? BORROWING HORSES. you That mght; one on the commons !4n front ot Frank’s house and one | out ot a barn. Did you ask the owner for them. No; he was asleep [laughter]. IN KENTUCKY. Continuing, witness said: The alarm, when at Hite’s, giyen them by Clarence andold man was Norris, We went up stairs and saw them. We were told they were Tennessee officers. we got there Mr Norris told us of seeing an armed posse. We thought they were after us. We were up stairs, and then we went down and took positions to detend ourselves. I was in the hall, Jesse at the parlor window.”’ “During the first stay in 1879, did you go on any expeditions ?’” ‘*) decline to answer.’’ “¢Why?” “I don’t wan’t to criminate self.’” ‘“SWe did make two expeditions, one of two and one of three days. The defendant wasn’t with us.”’ The witness then was cross-exam- ined about the rest of the journey to Missouri. THE CONSPIRACY. **We wen’t from Hite’s to Pence’s in Nelsoncounty. I staid there one mght and went to Hoskins’, and ten went to Hall’s, and there was where the agreement was made to take trains. From there we went to Missouri. At Bob Hall’s was where we agreed to go to Missouri. From Hall’s I went to Louisville and took the train, Jesse and I went togetn- er. Frank and I were together at Hoskin’s and he left me there. We met at Hall’s. Wewent on horse- back to Louisville.’ ‘‘Wheredid you get the horse ?’’ **I decline to answer.”’ ‘*What was the nature of the agreement made at Hall’s?’’ ‘ ‘“‘Well, we agreed to take the ex- press just opposite Kansas City, but finding the river to high we aband- oned it. We heard ofthe stage of the river at Mrs. Samuels’. This was in the latter part of Mayor the first of June.’’ Witness was then asked about dates in Kentucky and when he got to Nelson county, when to Louis- ville and when he left there. Wit- ness, however, could not name_ the days of his arrivals and departure.’’ IN MISSOURI. my- ‘During June,’ said the witness. “T was in Clay and Jackson counties. During that time I was knocking around. I was doing nothing. We made several trips to prepare to take a trip.”’ this point to his account of the first trip to Chillicothe, and retold it. without a particle of variation from the statement as first given. The next journey was enquired about, and the witness did not vary from his first account of the expedi- tion to Gallatin. Following this the witness said: ‘*I am under custody, and am guarded by Deputy Marsnall Langhorne of jackson county. Langhorne was placed as guard over the court house in Kansys City last ; Thursday, and I have been in his custody since. I don’t kaow what I am§in custody for.”’ Regarding the return trip from confusing the witness somewhat as to the point where the party camped or lodged each night. Witness said: RECOGNIZING ACQUAINTANCES. of the places where they stopped on heir return trip. I saw him in the reet here on Friday. He came up nd asked me if I knew him, and a said yes, I did, and asked | where I had nd I ‘ him.’* he me seen him told In turn the defense proved that several other witnesses had been Tecognized by the witness na | Tecognized the witness and I have not seen Bill Ryan | and we lettthere as quick as we | H knowledge. | The morning | Witness was brought at} Gallatin, the defense succeeded in| with him before he had given in his testimony. | Comung to the trip that resulted in the Winston robbery and tragedy, ‘the witness brought the party to | Gallatin just as he told st in his first nd then didn’t General Shelby Ss *éwhere is Frank james?” jesse say his health was so bad had been in the south several years, he ‘and didn’t General Shelby turn to |account. During this portion of the | cross examination, the defense de- / veloped the tact that witness since shop where he had his horse shod, | and that he had also visited the sad- | | { i | the cross-examination | witness up to Winston trom Galla- | r ot dler shop where he bought a ps tenders, and had quite a conv tion with: the owner, learning name was Hamilton. AT GALLATIN. Resuming the thread of the story, brought the rsa- tin. His story connected right along, link by link, just as it was previously told. During the testimony witness was particularly about the horse stealing episodes as told in his story. He said: ‘*My horse was shod in Gal- latin on the second trip. On the first trip Clarences horse, belonging to Mathews, was shod in a country shop—old man Pott’s.’” **How came you to take Clar- ence’s horse there to be shod?”’ **Well Clarence and Jesse wanted to go into some little town, and to have horses with clear titles so I let Clarence take mine.’’ *Thave seen Potts since I came here, and haved talked with him re- garding the horse shoeing in 1881. [ think I mentioned it first to him.”’ COMMISSARY SUPPLIES. Continuing the witness related where he had eaten on the day pre- viously to the Winston affair. And just here it was developed that wit- ness had had pointed out to him a girl and woman on the street, who, it was told him, had recognized him as haying eaten at their house the day of the Winston affair. ‘Prosecuting Attorney Hamilton pointed them out and told me they had recognized me. I saw them af- terwards and recognized them.”’ **How did you come to look at them?”’ ‘sWell the girl was looking at me, so I looked at her.’’ [Laughter. J Colonel Phelps—Did you take supper at Mrs. Montgomery’s? **} don’t know. I don’t know anybody by that name. But what time was this?’’ Col. Philhps—It will be time for you to cross-examine me when I am on the stand. The court—The witness’ question was perfectly proper. He wanted to understand, so as to make a prop- er answer. Witnesses are entitled to courtesy 1n this court, have rights which the court will see accorded to them. THE WINSTON ROBBERY. At last arriying at the prepetration of the Winston robbery itself, wit- ness was called up to repeat his story. He told itto ail intents and purposes just as he related it before. Witness was closely questioned as to what he saw of the transactions in the baggage‘and passenger cars, and admitted he knew nothing of hisown knowledge, not having seen what took place. ‘‘I heard ,the shooting at the rear, several shots, but don’t know whether it was in the baggage car or in the passenger car.’’ After the robbery the party took te their horses, and their flight was described as previously told, and their subsequent movements were retold about as first related. *-I never was,’’ said the witness, “with Jim Cummins at Nichols’, but was with him at Mrs Samuels’; met him first at Mrs Barton’s, and we went together to Mrs Samuels’ ; Inever saw Jim Cummins during j arriving had viewed the blacksmith | his | you and say, ‘*when have you seen and didn’t you say, ‘*T haven’t him? seen him for two years Liddil—Is that ali? Colone! Philips—Yes. Liddil—I never saw General Shel- by. Colonel Philips—Then the con- versation never occurred ? Liddil—No. A KANSAS CITY ACQUAINTANCE. “Do you know Mr. Joel Childs ?’’ was asked. “Yes,’’ answered Dick. G@lonel Philips then asked if he had not a conversation with Childs, jn which Childs stated that the gen- eral impression that Frank James was not in the train robbery, and that he (Liddil) that the impression was correct. Witness—I never said anything of the kind. f®@ You did have a with Childs ?”’ “Yes, but I never said what you say. The conversation occurred be- fore I went to Alabama, and Childs said he had a pass on the railroads to catch us but never wanted to do it. He used the pass, however. Witness then told of his arrest on the Alabama charge. ‘I may,”’ said the witness, ‘‘haye said to Marshal McGee that I wasn’t in the Winston robbery. I don’t remem- ber. I did not go around ‘telling or admitting to people that I was in all these robberies. FRANK I know Mr. Frank Tutt, the coal oil inspector. I don’t know Craer- der, the city marshal of Lexington, I met in Kansas City about the time ot Bob Ford’s arraignment in Rich- mond, but I never said to him that I did not know where Frank James was and that he had not been with us for five years.’’ Continuing witness said. B. was said conversation TUTT. FRANK’S WHEREABOUTS. “IT came to Mrs Samuels with Jesse. but never heard John Samuels ask where was Frank, and Jesse re- ply he was in Kentucky, and was go- ing south because of “his health. They asked where he was, and the reply was that he would be there in a few days. That reply was made to Mrs Samuels, She asked where was Buck—that is Frank—and Jesse said he would be there in a few days. I don’t remember of young Samuels making any inquiry at all, WOOD HITE, **What became ot Wood Hite?’’ asked Col. Philips. ‘He was in Kentucky at that time.”’ Col. Philips. —*‘No, what became of him atter the winston robbery?’’ Liddil—‘-I decline to answer that question.”’ Why? “Tt might criminate.’ “Is Wood Hite dead?’ “T decline to answer.’’ “Why?” ‘Tt might criminate me.’’ “When .did you hear of Wood Hite’s death?’’ “*T decline to answer -’’ “Why?” ‘-On the same grounds.”’ ‘*Where were you when you heard of his death?’ “1 decline to answer.’’ ““Why ?”” -*On the same grounds.’’ DICK’S SURRENDER. Witness said: ‘I was present when a raid was made on Mrs Bol- ton’s house, and crawled out. I went to John Ford’s three weeks af- and didn’t} On the opening of court, | Mr. Rush, of counsel for the detense | submitted the names of Captain J L Farris of Richmond and G A Chap. | man of Cameron for enrollment as | members of the bar. It was order. | ed, and subsequently they were call. | witnesses the ‘Vhe na | sumed by continuing the cross-ex- | amination ot Dick Liddil. | “Thave been in Alabama before coming here ; in jail; 1 | was released on my own recogni- zance, but was bailed when J leit the | State to come to Missouri, by James R. Timberlake and H. H. Craig, | and I was released in Apmil, and was around in Alabama until I came here to Missouri; since then 1 have been out in Kansas and Indian ritory.”’ o’clock. ed and sworn as in | pending case. case was was there ter- DICK’S EXPENSES. **Who paid your expenses? ‘*Wallace; I came to Kansas City about three weeks ago, been down to Six Mile country; Mr. Langhorn is here in charge of me; he is knocking around with me : I was served with a writ about two weeks and ago, and have been in the court house at Kansas City; I paid my own way from Alabama with $100 Bob and Charlie Ford sent me. I paid my way to St. Louis, and there pawned my carpet sack and pistol. I went to St. Louis again on a pass given me by Mr Wallace, and I redeemed the pawn with money given me by Captain Craig. On re-examination witness said: ‘*We all had two pistols apiece at the Winston robbery, except Wood Hite. He had one. We loaded up shortly after leaving the train. Frank loaded up, I saw him, aad he said he had. He and Jesse fired several shots.”’ “IT delivered myself up to Timber- lake, sheriff of Clay county.’’ ‘*What was the agreement on- which you surendered ?’’ Colonel Philips objected, as the fact only was proved and no part of the conyersation was put in evi- dence THE AGREEMENT. Mr Wallace contended that as long as it was stated there was such an agreement, and that exemption trom punishment was said to be implied therein, the whole conversation in justice to Sheriff Timberlake should be to!d. The court overruled the objection. The witness said: ‘‘Before 1 was promised immuni- ty, I told Timberlake the same story I have narrated here. That evening I said I had sent a party to to the governor and told him what was promised, and I told my story.” The defense objected to the ad- mission of this evidence. Qverruled. Witness continuing said: ‘1 did not tell my story until after Clarence Hite’s capture in Kentucky, some two or three weeks atter the surren- der.”” “After the Waunston robbery,” witness said, ‘‘none of us had horses.’” GEN. SHELBY. Mr. Rush objected, maintaiming that this was only an effort to show they had no horses, and therefore could not have been seen by General Shelby as stated. The court— “They could borrow them.’”’— (Laughter.) Mr. Wallace said he wanted to prove just what was in- timated. The court decided to exclude the question and evidence. Mr. Wal lace.—*‘Atter you came in and were aurouad Kansas City were you not importuned by hundreds to tell what you knew ot the gang?’’ The defence objected and the the summer of 1881 in Missouri, and | terward, and sent for Timberlake, | CoU't sustained the objection, holding neyer have seen him since leaving | sheriff of Clay county, and met him | with the detence that the matter otf Nashville in the spring ot 1881: [| within a mile of the house, and sur-| the Tutt conversation or Childs con- did not go south after the Winston | rendered to him in ‘robbery, but later on went to Ken- | Bob Ford an “IT have seen Wolfenberger, one! | mate aoe tucky by railroad.’’ IMPEACAING THE] WITNEss. Coionel Philips—In the fall of | 1881, in September or ea ber, did you, notin Jesse Tames. Wood company with rat Shelby on Cummins, meet Gen horseback in a lane near Page City, | ce and did not Ger in yonr presence te you were de ly Octo- | Hite and Jim } ov observe | | tions were the presence of Negotra- uncle. de with the governor ugh Mrs Bol- for my surrender thro ton, until versation could be enquired into, but not what might haye been said to others. FRANK’S WHISKERS. amination witness: ore Burnsides a lit mustache.”* ony for W L Earthman of Tennessee was illed, and stated that Frank James Wood- his rec wh 1 living in Nashville as hiskers all over son wore long w 1:30! face. Witness arrested Ryan be