IN COURT.

IN COURT.On the 7th day of November, the district court of Rice county convened in Faribault. Judge Sam'l Lord presiding. The first duty of the sheriff, was to present the names of twenty-two grand jurors, which he did on the 8th inst.The Younger brothers had engaged Mr. Thomas Rutledge, of Madelia, as their counsel, and had subsequently associated with him, Messrs. Batchelder and Buckham, of Faribault, two of the most eminent lawyers of the State. The prosecution was in the hands of George N. Baxter, Esq., the county attorney of Rice county, and he had woven a strong chain of evidence about the prisoners, having traced them and their comrades through all their journeying from the time they entered the State until the raid was made.The prisoners' counsel had long interviews with their clients, and it was generally understood that, in case they were indicted for murder in the first degree, they would pleadâ€œnot guilty.â€This was taking a risk, as in case they were found guilty, the death penalty could be inflicted at the option of the jury, and it would have been difficult to find a jury but that would have quickly pronounced a doom so much in accordance with public sentiment.The county attorney, Mr. Baxter, drew and presented four indictments for the consideration of the grand jury, one charging them collectively with being accessory to the murder of Heywood, a second, charging them with attacking Bunker with intent to do great bodily injury; a third, charging them with robbing the bank at Northfield; and a fourth, charging Cole with the murder of the Swede, and his brothers as accessories.When Cole Younger read the last named indictment, he appeared greatly affected, and said that he had not expected such a bill, as he did not kill the Swede. He said it had probably been done by accident, as none of them shot to kill. From the time the indictments were read by Cole, he became low-spirited, and studied the statutes and consulted with his lawyers more than before. Bob kept up, and declared that he would not plead guilty in any case.THE GRAND JURYthat had been summoned included twenty two of the best men in the[pg 71]county, but the prisoner's counsel reduced it to seventeen, by challenging a number who had too freely expressed their ideas in regard to the affair. There is no doubt but that by continuing the same line of questioning the grand jury could have all been found wanting, but it was not the intention of the defense to delay the trial by reducing the number below the legal minimum, but simply to refer the bills to as few men as possible, feeling that the chance of their finding all of the indictments could be materially lessened.It took the jury but a very short time after they commenced their work to find four true bills against the prisoners, and the evidence given by the witnesses that testified before them, was but a recapitulation of what they were entirely familiar with. In the case of the Swede, whom Cole Younger was charged with killing, evidence was given by a man and a woman, both of whom testified that they saw Cole shoot him coolly and deliberately.IN THE COURT ROOM.On the day after the court convened, the sister and an aunt of the Younger boys arrived in Faribault. The sister, Miss Henrietta Younger, is a very pretty, prepossessing young lady of about seventeen years, and she conducted herself so as to win the esteem of all who met her. Mrs. Fanny Twyman, their aunt, is the wife of a highly respectable physician practicing in Missouri, and appears to be a lady of the highest moral character. These ladies passed the greater portion of their time sitting with their relatives, behind the iron bars, reading, talking and sewing. On Thursday, the 9th of November, the grand jury signified that they had completed their labors as far as the cases of the Younger boys were concerned, and the sheriff was instructed to bring the prisoners to hear the indictments read.This summons had been expected, and the boys were ready, dressed neatly, and looking wonderfully well after their unaccustomed confinement that had continued for more than a month. They quietly stood up in a row ready to be shackled together. Cole in the middle, Bob at the right, and Jim at the left. The shackles were placed on their feet; Bob being secured by one foot to Cole, and Jim by the other. When the handcuffs were placed on Cole, he remarked, that it was the first time he had ever worn them. The prisoners showed signs of nervousness, evidently fearing that the crowd outside would think it best to dispose of them without due process of law. However, nothing occurred except some almost inaudible mutterings among the spectators, but which were quickly quieted by right-minded citizens. Slowly the procession passed to the temple of justice, the prisoners seeing the sun and breathing the pure air for the first time in thirty days. In advance of them was an armed guard, led by the captain of the minute men, then came the sheriff by the side of his prisoners, the chief of police of Faribault, and his lieutenant, and finally another squad of minute men with their needle guns. On reaching the court-house, the guards[pg 72]broke to the right and left, and allowed none to enter except those known to their captain.The cortege passed to the court room by a rear stairway, and when the prisoners arrived in front of the Judge, the court-room was thoroughly filled with people, all gazing with the greatest curiosity on the threeBLOODY BROTHERS.The shackles having been removed from the arms and legs of the prisoners, they were ordered to stand up while the indictment charging them with killing Heywood, was read to them by the county attorney. As their names were read, the Judge asked them if they were indicted by their true names, to which all responded in the affirmative. During the reading, Cole Younger never moved his sharp eye from the face of the attorney, in fact, his gaze was so intense, that Mr. Baxter appeared to feel it, and to be made somewhat nervous thereby. Bob did not appear to take great interest in the matter, and he gazed coolly about on the crowd.The sister and aunt of the boys were by their sides during this scene, and they walked with them as they returned to the jail under the same guard that escorted them forth. Until the following Saturday had been taken by the prisoners' counsel to plead to the indictment, and during the interval of three days the subject of how to plead was discussed for many hours. Bob was as independent as ever, declared he would not plead guilty, but the persuasions of sister and aunt finally prevailed, and when taken into court on Saturday in the same manner as before, each respondedâ€œGUILTY,â€when the question was asked by the clerk. Judge Lord then, without preface or remark, sentenced each to be confined in the State Prison, at Stillwater, at hard labor, for the term of his natural Life. After the dread words had been uttered, the sister broke down and fell sobbing and moaning on the breast of her brother Cole.Thus these bloody bandits escaped the gallows where their many crimes should have been expiated, and in a few days from the time they were sentenced, they were on their way to Stillwater, under a strong guard, but no attempt was made to molest them, although large crowds were collected at each station on the railroads by which they traveled. Sheriff Barton knew well the citizens of his State, and he had no fear that he would be interfered with while discharging his duty. The bandits were accompanied to their final home in this world by their faithful relatives, who left them within the prison walls, taking away as mementoes the clothes which the wicked men had worn. The robbers were immediately set at work painting pails, a labor which called for no dangerous tools to prosecute, and a special guard was set upon the renowned villains, as it is not intended that they shall escape to again terrify the world by their wicked deeds.JOSEPH LEE HEYWOOD.JOSEPH LEE HEYWOOD.

On the 7th day of November, the district court of Rice county convened in Faribault. Judge Sam'l Lord presiding. The first duty of the sheriff, was to present the names of twenty-two grand jurors, which he did on the 8th inst.

The Younger brothers had engaged Mr. Thomas Rutledge, of Madelia, as their counsel, and had subsequently associated with him, Messrs. Batchelder and Buckham, of Faribault, two of the most eminent lawyers of the State. The prosecution was in the hands of George N. Baxter, Esq., the county attorney of Rice county, and he had woven a strong chain of evidence about the prisoners, having traced them and their comrades through all their journeying from the time they entered the State until the raid was made.

The prisoners' counsel had long interviews with their clients, and it was generally understood that, in case they were indicted for murder in the first degree, they would pleadâ€œnot guilty.â€This was taking a risk, as in case they were found guilty, the death penalty could be inflicted at the option of the jury, and it would have been difficult to find a jury but that would have quickly pronounced a doom so much in accordance with public sentiment.

The county attorney, Mr. Baxter, drew and presented four indictments for the consideration of the grand jury, one charging them collectively with being accessory to the murder of Heywood, a second, charging them with attacking Bunker with intent to do great bodily injury; a third, charging them with robbing the bank at Northfield; and a fourth, charging Cole with the murder of the Swede, and his brothers as accessories.

When Cole Younger read the last named indictment, he appeared greatly affected, and said that he had not expected such a bill, as he did not kill the Swede. He said it had probably been done by accident, as none of them shot to kill. From the time the indictments were read by Cole, he became low-spirited, and studied the statutes and consulted with his lawyers more than before. Bob kept up, and declared that he would not plead guilty in any case.

THE GRAND JURYthat had been summoned included twenty two of the best men in the[pg 71]county, but the prisoner's counsel reduced it to seventeen, by challenging a number who had too freely expressed their ideas in regard to the affair. There is no doubt but that by continuing the same line of questioning the grand jury could have all been found wanting, but it was not the intention of the defense to delay the trial by reducing the number below the legal minimum, but simply to refer the bills to as few men as possible, feeling that the chance of their finding all of the indictments could be materially lessened.It took the jury but a very short time after they commenced their work to find four true bills against the prisoners, and the evidence given by the witnesses that testified before them, was but a recapitulation of what they were entirely familiar with. In the case of the Swede, whom Cole Younger was charged with killing, evidence was given by a man and a woman, both of whom testified that they saw Cole shoot him coolly and deliberately.

that had been summoned included twenty two of the best men in the[pg 71]county, but the prisoner's counsel reduced it to seventeen, by challenging a number who had too freely expressed their ideas in regard to the affair. There is no doubt but that by continuing the same line of questioning the grand jury could have all been found wanting, but it was not the intention of the defense to delay the trial by reducing the number below the legal minimum, but simply to refer the bills to as few men as possible, feeling that the chance of their finding all of the indictments could be materially lessened.

It took the jury but a very short time after they commenced their work to find four true bills against the prisoners, and the evidence given by the witnesses that testified before them, was but a recapitulation of what they were entirely familiar with. In the case of the Swede, whom Cole Younger was charged with killing, evidence was given by a man and a woman, both of whom testified that they saw Cole shoot him coolly and deliberately.

IN THE COURT ROOM.On the day after the court convened, the sister and an aunt of the Younger boys arrived in Faribault. The sister, Miss Henrietta Younger, is a very pretty, prepossessing young lady of about seventeen years, and she conducted herself so as to win the esteem of all who met her. Mrs. Fanny Twyman, their aunt, is the wife of a highly respectable physician practicing in Missouri, and appears to be a lady of the highest moral character. These ladies passed the greater portion of their time sitting with their relatives, behind the iron bars, reading, talking and sewing. On Thursday, the 9th of November, the grand jury signified that they had completed their labors as far as the cases of the Younger boys were concerned, and the sheriff was instructed to bring the prisoners to hear the indictments read.This summons had been expected, and the boys were ready, dressed neatly, and looking wonderfully well after their unaccustomed confinement that had continued for more than a month. They quietly stood up in a row ready to be shackled together. Cole in the middle, Bob at the right, and Jim at the left. The shackles were placed on their feet; Bob being secured by one foot to Cole, and Jim by the other. When the handcuffs were placed on Cole, he remarked, that it was the first time he had ever worn them. The prisoners showed signs of nervousness, evidently fearing that the crowd outside would think it best to dispose of them without due process of law. However, nothing occurred except some almost inaudible mutterings among the spectators, but which were quickly quieted by right-minded citizens. Slowly the procession passed to the temple of justice, the prisoners seeing the sun and breathing the pure air for the first time in thirty days. In advance of them was an armed guard, led by the captain of the minute men, then came the sheriff by the side of his prisoners, the chief of police of Faribault, and his lieutenant, and finally another squad of minute men with their needle guns. On reaching the court-house, the guards[pg 72]broke to the right and left, and allowed none to enter except those known to their captain.The cortege passed to the court room by a rear stairway, and when the prisoners arrived in front of the Judge, the court-room was thoroughly filled with people, all gazing with the greatest curiosity on the three

On the day after the court convened, the sister and an aunt of the Younger boys arrived in Faribault. The sister, Miss Henrietta Younger, is a very pretty, prepossessing young lady of about seventeen years, and she conducted herself so as to win the esteem of all who met her. Mrs. Fanny Twyman, their aunt, is the wife of a highly respectable physician practicing in Missouri, and appears to be a lady of the highest moral character. These ladies passed the greater portion of their time sitting with their relatives, behind the iron bars, reading, talking and sewing. On Thursday, the 9th of November, the grand jury signified that they had completed their labors as far as the cases of the Younger boys were concerned, and the sheriff was instructed to bring the prisoners to hear the indictments read.

This summons had been expected, and the boys were ready, dressed neatly, and looking wonderfully well after their unaccustomed confinement that had continued for more than a month. They quietly stood up in a row ready to be shackled together. Cole in the middle, Bob at the right, and Jim at the left. The shackles were placed on their feet; Bob being secured by one foot to Cole, and Jim by the other. When the handcuffs were placed on Cole, he remarked, that it was the first time he had ever worn them. The prisoners showed signs of nervousness, evidently fearing that the crowd outside would think it best to dispose of them without due process of law. However, nothing occurred except some almost inaudible mutterings among the spectators, but which were quickly quieted by right-minded citizens. Slowly the procession passed to the temple of justice, the prisoners seeing the sun and breathing the pure air for the first time in thirty days. In advance of them was an armed guard, led by the captain of the minute men, then came the sheriff by the side of his prisoners, the chief of police of Faribault, and his lieutenant, and finally another squad of minute men with their needle guns. On reaching the court-house, the guards[pg 72]broke to the right and left, and allowed none to enter except those known to their captain.

The cortege passed to the court room by a rear stairway, and when the prisoners arrived in front of the Judge, the court-room was thoroughly filled with people, all gazing with the greatest curiosity on the three

BLOODY BROTHERS.The shackles having been removed from the arms and legs of the prisoners, they were ordered to stand up while the indictment charging them with killing Heywood, was read to them by the county attorney. As their names were read, the Judge asked them if they were indicted by their true names, to which all responded in the affirmative. During the reading, Cole Younger never moved his sharp eye from the face of the attorney, in fact, his gaze was so intense, that Mr. Baxter appeared to feel it, and to be made somewhat nervous thereby. Bob did not appear to take great interest in the matter, and he gazed coolly about on the crowd.The sister and aunt of the boys were by their sides during this scene, and they walked with them as they returned to the jail under the same guard that escorted them forth. Until the following Saturday had been taken by the prisoners' counsel to plead to the indictment, and during the interval of three days the subject of how to plead was discussed for many hours. Bob was as independent as ever, declared he would not plead guilty, but the persuasions of sister and aunt finally prevailed, and when taken into court on Saturday in the same manner as before, each responded

The shackles having been removed from the arms and legs of the prisoners, they were ordered to stand up while the indictment charging them with killing Heywood, was read to them by the county attorney. As their names were read, the Judge asked them if they were indicted by their true names, to which all responded in the affirmative. During the reading, Cole Younger never moved his sharp eye from the face of the attorney, in fact, his gaze was so intense, that Mr. Baxter appeared to feel it, and to be made somewhat nervous thereby. Bob did not appear to take great interest in the matter, and he gazed coolly about on the crowd.

The sister and aunt of the boys were by their sides during this scene, and they walked with them as they returned to the jail under the same guard that escorted them forth. Until the following Saturday had been taken by the prisoners' counsel to plead to the indictment, and during the interval of three days the subject of how to plead was discussed for many hours. Bob was as independent as ever, declared he would not plead guilty, but the persuasions of sister and aunt finally prevailed, and when taken into court on Saturday in the same manner as before, each responded

â€œGUILTY,â€when the question was asked by the clerk. Judge Lord then, without preface or remark, sentenced each to be confined in the State Prison, at Stillwater, at hard labor, for the term of his natural Life. After the dread words had been uttered, the sister broke down and fell sobbing and moaning on the breast of her brother Cole.Thus these bloody bandits escaped the gallows where their many crimes should have been expiated, and in a few days from the time they were sentenced, they were on their way to Stillwater, under a strong guard, but no attempt was made to molest them, although large crowds were collected at each station on the railroads by which they traveled. Sheriff Barton knew well the citizens of his State, and he had no fear that he would be interfered with while discharging his duty. The bandits were accompanied to their final home in this world by their faithful relatives, who left them within the prison walls, taking away as mementoes the clothes which the wicked men had worn. The robbers were immediately set at work painting pails, a labor which called for no dangerous tools to prosecute, and a special guard was set upon the renowned villains, as it is not intended that they shall escape to again terrify the world by their wicked deeds.JOSEPH LEE HEYWOOD.JOSEPH LEE HEYWOOD.

when the question was asked by the clerk. Judge Lord then, without preface or remark, sentenced each to be confined in the State Prison, at Stillwater, at hard labor, for the term of his natural Life. After the dread words had been uttered, the sister broke down and fell sobbing and moaning on the breast of her brother Cole.

Thus these bloody bandits escaped the gallows where their many crimes should have been expiated, and in a few days from the time they were sentenced, they were on their way to Stillwater, under a strong guard, but no attempt was made to molest them, although large crowds were collected at each station on the railroads by which they traveled. Sheriff Barton knew well the citizens of his State, and he had no fear that he would be interfered with while discharging his duty. The bandits were accompanied to their final home in this world by their faithful relatives, who left them within the prison walls, taking away as mementoes the clothes which the wicked men had worn. The robbers were immediately set at work painting pails, a labor which called for no dangerous tools to prosecute, and a special guard was set upon the renowned villains, as it is not intended that they shall escape to again terrify the world by their wicked deeds.

JOSEPH LEE HEYWOOD.JOSEPH LEE HEYWOOD.

JOSEPH LEE HEYWOOD.

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