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 plead “not guilty.” 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.