Six months after a member of his own gang shot Jesse James in the back, and after committing at least twenty robberies, on October 5, 1882, Frank James, Jesse’s brother surrendered to Missouri governor Thomas Crittenden.
   At the ceremonial surrender, Frank James said, “I want to hand over to you that which no living man except myself has been permitted to touch since 1861, and to say that I am your prisoner.” With that Frank James turned over his .44 Remington revolver, holster and cartridge belt.
 
   Now, prior to this Frank James had entered into negotiations that were to determine the outcome of his surrender and later trial. He had written Governor Crittenden asking for amnesty because the hardships he had endured as an outlaw were worse than a prison sentence. He also maintained that others committed many of the crimes of which he had been accused.
 
   Governor Crittenden had replied that he could not give amnesty… but if Frank James went on trial and was convicted, he could give him a pardon.
 
So Frank James went on trial for murdering Frank McMillan, a passenger who had been killed during a train robbery a year earlier. After seven days of witnesses, and two days of legal arguments, Frank was acquitted. It seems the case against him had mysteriously collapsed.
 
   After his acquittal, Frank James returned to a normal life and spent 32 years in a variety of jobs, including a four-year tour with a theater company, and six years as a doorman at a St. Louis burlesque house. His last years were spent on the Missouri homestead where he grew up, charging tourists 50 cents to view the cabin in which he and his brother were born.

Filed under: Old West Myth & Fact

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