Tuesday, August 21, 2012
Trial of Outlaw Frank James begins - 1883
On this date in 1883, the trial of outlaw Frank James
begins in Gallatin, Missouri.
It was held in the city opera house in order to
accommodate the crowds of spectators. After having robbed dozens of banks and
trains over nearly two decades, Frank James finally turned himself in October
1882. Discouraged by the murder of his brother Jesse the previous spring, Frank
feared it was only a matter of time before someone also shot him in the back
for reward money. He decided to try his chances with the courts, hoping that
his considerably public popularity would win him a short sentence. Frank's
trial went even better than he had hoped. Although Frank and Jesse James and
their gang of desperados had killed many people, the majority of Missourians
saw them as heroes who took money from ruthless bank and railroad companies and
redistributed it to the poor. The state prosecutor had a difficult time finding
jurors who were not prejudiced in Frank's favor. Looking at the panel of
potential jurors, he concluded, "The verdict of the jury that is being
selected is already written." After the trial began, several prominent
witnesses testified to Frank's character. General Joseph O. Shelby, who had
known him during his days as a Civil War guerilla, encouraged the jurors to see
Frank James as a defender of the South against corrupt big businesses from the
North. When asked to identify Frank in the courtroom, the distinguished general
exclaimed: "Where is my old friend and comrade in arms? Ah, there I see
him! Allow me, I wish to shake hands with my fellow soldier who fought by my
side for Southern rights!" Rural Missourians were unwilling to convict the
legendary Frank James. The jury found him not guilty. The states of Alabama and
Missouri tried to convict him twice more, on charges of armed robbery, with no
success. In late 1883, Frank James became a free man. He lived quietly for 32
more years. The only shots he ever fired again were from starter pistols at
county racetracks, one of numerous odd jobs he took to earn a living. He died
at his family home in Missouri in 1915 at the age of 72.
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