The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-31
POWERS ON The STAND
Organized Mountaineers, but
Not for Bloodshed.
ACCOUNTS FOR THE KEYS
Event in Which Mountain Men
Would Have Acted.

Georgetown, KY. July so.-Ex-secre-
tary of State Caleb Powers took the
| stand today in his own behalf but did
not complete his testimony on direct ex-
! animation. He wifi be on the stand all
| day tomorrow. His defense is an adj
! mission that the organized body Of
mountaineers who went TO Frankfort on
| several occasions last winter, for the pro-
| lection OF the state board and the legis-
| lature and not to intimidate them. He
entered denial Of the damaging charges
made against him by Witnesses Culton,
! Golden, Noakes and others. On the
| stand this afternoon he denied that Hen
| ~ had the keys 10 his office on the day
! Of the assassination but said that there
were two keys to the office. one Of which
was in the possession OF Former Assist
ant Secrotary of State ". J. Davidson
and another in possession Of Ben Rowe,
! Governor Taylor's colored porter. Pow
| ers says none OF the keys was ever in
| his, possession and that he had his own
key in his pocket in Louisville the day
Of the assassination. Davidson is in the
| far west, supposed to be in the state of
Washington. and Rowe. the colored por-
ter, is somewhere in Indiana, probablyeat
Anderson
The trial was resumed today at 8
O'Clock. The jury was polled and then
excluded, during which Ex-Governor
Bown. for the defense, made motion for
premptory instructions for a verdict of
acQuittal. The motion was submitted
without argument and was promptly over
ruled by the court.
The defendant occupied his customary
seat among the attorneys for the defense
and seemed to direct for the most part
the movement OF flis counsel. A number
Of witnesses for the defense. including
Ex-Governor w. o. Bradley. arrived this
morning
Lawyer Faulkner Of Barbarville stated
the case, giving the line of evidence for
the defense He reviewed the political
events for the last nine months and said
the defense would show that the con-
tests over the state Offices We're not
tried on judicial lines. but on a PARTISAN
basis, and that politics was responsible
for the present prosecution. He intimat-
ed that the prosecution knows identity
Of the assassin but has concealed him.
Caleb Powers and Charles Finley or
ganized and brought to Frankfort the
crowd Of mountain men who arrived
there January %. but that this was only
to protect the legislature and not to
intinlidate the body. He claimed that IT
would be shown that the men who COM
posed the mountain army were not bad
characters, as charged by the other side.
and he charged also that the Democrats
at that time had large bodies of men in
Frankfort to back up the contestants.
He said Powers had in his pockets at the
time Of the killing the key to his office.
which the prosecution alleges had been
been given to YOutsey; that Powers
never even conferred with Youtsey, Ber-
ry Howard, Jim Howard Green Golden,
or Dick Combs and thatJin Howard was
not on the capital grounds until after the
killing 1t would Tbe proved he claimed,
that the witness, Weaver. one of the
main witnesses of the prosecution, was
never in Frankfort until yesterday; that
Finley Anderson and Robert Noakes
testified for money, and w H. Culton In
the hope of obtaining immunity from pro-
secution, and that Wharton Golden
would also be successfully contradieted.
The defendant, Caleb Powers. took the
witness stand. witnes snever knew Jim
Howard, Harand Whitaker. or Richard
Coombs, three Of the defendants. prior
to the assassina ton. Had only known
Youtsey since January l. In regard to
the bringing Of the mountaineers TO
Frankfort witness said There were
three crowds Of men brought TO Frank
fort and I had something TO do with the
organization Of each The purpose was
to show the interests Of these people in
the matter at issue at that time and not
to intimhate either the state election
board or thelegislature. instructed the !
men to do no acts OF violence. and. so
fer as I know. none was committed by
them
Witness continued: THE last crowd OF /
men was brought for double purpose.
We expected to use them as Witnesses
before the contest board. and aLso show 4
by their presence the interests they felt 1
IN the contests. We also had heard ~ /
mors that we were 10 be forcibly elected 1
from the Offices. These rumors I based /
on newspaper reports. and we intended /
70 resist violence"
Mr.. Brady Of the prosecution. objected /
Guided on the ground that newspaper re-
ports could not he given in evidence.
The court ruled that II was incompetent 4
for the witnes sto detail news7aper re-
port or to tell OF approximations which he 7
based on common runor.
Continuing the witness said he had re-
ceived information that Mr. Hir. the con
testsnt for secretary % state would not
wait until the contests svere setted n
court but would undertake 20 take -
take forcfole possession as soon rs the
contest hoard acted ~ that sort ~
thing. said he. mad oeen at1epted. We
intended 70 hold The oflcss ss6 ? cor
ference with Governor Taylor and nea
advised ne Of The bringing q a large
bo1r II nsz m snow ths3r Interests n
political affairs. He also advised that TIE
msn - brought zr1st. ard promised -
pay TIE expenses. / sctsd On thi.. Ths
pans were kept secret. % prevent drop
ping IS through bT3dEs - de-a.Hng car
train tod those n re conference
-ast the utmost secrecy r1ust - s5ssgvsf