Wagons West Chronicles October 2016 15
FRANK JAMES ’ TRIAL
REMINISCENCES OF CASE WHEN TRIED FOR LIFE . Lively Scenes in Court – Dramatic Episode in Mansion When Bandit Pulled His Pistols and Surrendered the Governor Was Scared .
Frank And Jesse James .
April 15 , 1899 , Daily Herald , El Paso , Texas — The recent trial of Jesse James for complicity in the train robbery at Leeds , Mo ., last fail , has recalled to many citizens interesting reminiscences of the trial of his brother , Frank James , now a resident of Kansas City , and who was tried for the killing of a man in what was known as the Blue Cut train robbery in the early 70 ’ s .
At that time Frank James was an outlaw with his brother , and , justly , or unjustly , was quite as noted as Jesse for his desperate deeds . He had , moreover , an interesting personality , being described in the newspapers as a college bred man of literary attainments . And with all this he was a handsome man of splendid physique , refined in manner and as gentle as a woman when his passions were not aroused .
The James boys and their followers , it will be remembered , were denied , at the close of the war , the privilege accorded the regular confederate soldiers of surrendering and returning to their homes and usual vocations . They were , therefore , forced to keep in seclusion , or submit to arrest and trial for deeds charged to them at a time when the minds of those in authority were not in the best condition to administer justice .
Though thus outlawed , Frank James early sought his friends to obtain assurance of a fair and impartial trial should he give himself up . After years of waiting , during which old scars had healed , and heated passions cooled off , he felt reasonably sure that justice would be accorded him . He accordingly arranged through the good offices of Maj . John N . Edwards and other friends to surrender to Gov . Crittenden in person at Jefferson City . One bright morning in 1883 Maj . Edwards , accompanied by James , whose identity was concealed , arrived at the capital . Gov . Crittenden himself did not know of their presence in the city until Maj . Edwards ushered James into his presence in the executive office . It is said the governor received James with some nervousness , as the latter , upon being introduced , threw open his coat , exhibiting a brace of revolvers Expended from a belt . Before the governor could realize
what was taking place , James unbuckled the belt and deposited the revolvers on the governor ’ s desk as an earnest of his surrender .
From Jefferson City , James was , according to the program previously mapped out , escorted to Gallatin , Daviess County , Mo ., where he surrendered to the sheriff to answer to the McMillan indictment . Numerous indictments were pending against him in other counties , but this one had precedence . The trial that followed attracted national attention , and hundreds of visitors from all over the country . It lasted for weeks and was full of exciting scenes and dramatic incidents , and justly ranks as one of the most famous trials in Missouri history .
Ex-Congressman John M . Glover , of this city , was one of the counsels for the defense and rendered valuable assistance to Gov . Charles P . Johnson , the leading attorney for James . Falling into a reminiscent mood from reading the proceedings of young James to a St . Louis Republic reporter found the following interesting of the famous trial :
“ Court was held in the opera house , the judge , jury , and witnesses occupying the stage , while those interested in the case , either through friendship or curiosity , filled the seats below and stood up in the rear of the house . There were many interesting persons present . One of these was Bob Ford , who had just killed Jesse James for the $ 10,000 reward offered by the state , and who was pardoned by the governor after pleading guilty to the charge of murder before that ink was dry on his sentence . Another was Mrs . Bolton , who visited the executive mansion immediately preceding the killing of James . Then there were Mrs . Samuels , mother of the James boys , and who recently testified in Kansas City ; Gen . Joe Shelby , a hero of the civil war , and the beautiful woman whose interest in the trial led to many stories about her friendship with the outlaws .
“ The story of the train robbery , as outlined by the defense , was that the train had been held up at Blue Cut by masked men , who stood at either end of the car with rifles and made the passengers keep crouched behind the seats . McMillan , the man who was killed , was seated on the rear steps of one of the cars , and during a lull in the firing raised his head . A bullet struck him and he was instantly killed . The state claimed James fired that shot . Dick Liddle , who was under a heavy sentence in Alabama , and had been brought to the scene to testify by two deputy sheriffs , said he was one of the men who took part in the hold-up , and swore that James fired the fatal shot . In addition to this , there were several witnesses who testified to seeing a man who resembled James in the vicinity of the robbery shortly before it occurred . One incident that impressed itself on the mind of a preacher with whom this man had dined was his familiarity with Shakespeare , whom he quoted continually . As this was a well-known habit which James had , this was a hard point to overcome . “ This was partially overcome in the arguments , however , when the defense laughed at the idea that there was only one man in Davies County , the Athens of the state , who could quote Shakespeare . Then James had an alibi which won the hearts of the jury . He said he had been with friends on the day of the robbery . He was asked if he would give their names . He said he would not – that he would not disgrace them by bringing their names into the case . The judge insisted upon his naming these friends , but James refused , and his persistency in this refusal and loyalty to his friends captured the jury , especially when his counsel said that if James had wanted an alibi that was false , he had thousands of friends who would have sworn to anything to save him .
“ The trial lasted for three weeks , and during this time Loge Inwood , an outlaw , who loved James like a brother , had a body of men ready to make a fight and help James escape as soon as they found he was in actual danger . The result of such an attempt would probably Continued on page 16