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 JURY
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
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.