The age-herald., 1900-08-14
POWERS TRIAL
 NEARLY ENDED Both Sides Have Concluded
 Their Evidence. JURY WENT TO FRANKFORT The Arguments Will Begin Today-As Soon as the Case Goes to the
 Jury Youtsey's Case
 Will be Called

tary of State Caleb Powers was concluded at noon today and tomorrow the argument before the jury will begin. There will be five speeches on each side, Those who will speak in behalf of the prosecution are: Commonwealth Attorney Franklin, T. c. Campbell, John K. Hendrick, Victor F. Bradley and Captain B. B. Golden.
 Those who will argue the case for the defendant will be: Ex-Governor Brown, J. c. Sims, Judge T. H. Tinsley. Ex-Con- gressman Owens and Judge George Denny
 The case is expected to reach the jury by Saturday. Judge Cantrill announced that the Youtsey case will be taken up i'm mediately.
 The jury went to Frankfort this after noon and spent an hour in viewing the State capitol grounds and buildings and other points in connection with the case. The jury was in charge of Judge Cantrill and three deputy sheriffs. The defendant, Caleb Powers, also came along, and was in the office of the Secretary of State for the first time since his arrest, March 1O
 The point where Goebel fell, the window from which the shot Is claimed to have been fired, and basement through which Youtsey walked out after the shooting and other places which have been frequently referred to in the evidence were pointed out by the court without comment.
 The Testimony
 B. ". Bradburn. a member of the re- ward commission, was the first witness called today.
 Bradburn testified that of the 5000 drawn by the commissioners out of the fund appropriated by the Legislature only about $4,0O0 had been expended and said that no money had been paid to any wit ness who had testified in the case, and that no agreement or contract existed be- tween the reward commissioners and Wharton Golden, Robert Noakes. w. H. Culton or any other witness.
 James Walker coored, corroborated the testimony of J W. Dougherty that John Perkins, the porter in Adjutant General Golfers office had told them that the de- fense wanted him to testify that he Per- kins) had carried the orders to the troops at the arsenal calling them out, but that he did not intend to testify to It, as it was not true.
 The prosecution offered in evidence sub poenas for several witnesses who were claimed by the defense in an affidavit at the beginning of the trial as being In possession of informa ton which would be of great benefit to the defendant the names of Ex- Governor w. O. Bradley, Ex-Assistant Sec retary of State J. B. Matthews, Ex-Assist- ant Adjutant General Dixon and Hamp Howard being among them. They were present during the trial, but were never called on the witness stand and the prose- cution wanted that fact to go to the jury.
 iio ecuti m Rested
 The defense objected and the court sus- tained the objection. The prosecution an nounced that 1t would rest its rebuttal tes- timony at this point and Assistant State Auditor Grayot was then recalled by the de- fense, whose cross-eXamination of the wit ness in regard to the alleged peculation of w. H. Culton, while clerk in the auditors office, was not completed at Saturdays ex- animation. Grayot produced the additional records asked for by the defense at that time.
 The prosecution insisted that if the de- fense was allowed to produce the vouchers and warrants in question upon which the defense alleges he stole $1,14S Culton must be allowed to go on the stand in order to explain the transaction on his part. The court ruled the evidence out and in pass ing on the question said:
 'If there has been any dedication on the part of Culton, the Franklin Circuit Court Is the place to settle that These records show that the money paid into the treas ury by Auditor Stone was marked as er- TOTS in vouchers This court has not the time to investigate whether they were err not"
 The court ruled that Stone could not tes- tify at this stage of the trial concerning the matters upon which he was asked and the attorneys for the defense accompanied by the prisoner withdrew for a consulta- tion. At the close of the conference the court directed the sheriff to take the jury to Frankfort at o'clock this afternoon
 The testimony in the Powers case was co lcluded at noon. Judge Cantrill then announced that as soon as the argument in this case Is concluded and the case goes to the jury, the case of Henry E. Youtsey will be called.
 The sheriff was ordered to summon a special venire of jurors for the Youtsey case.
 Afternoon Session
 At the afternoon session of the court Judge Sims, for the defense, made a mo- ton that the court instruct the jury that the testimony of three witnesses who con- tradicted the testimony of County Attorney James S. Parks of Laurel County and who also swore that Sparks said Goebel was to be killed January 2S and that Governor Tay- Tor would pardon the assassin should only be considered by way of affecting the credibility of Witness Sparks and should not be taken as substantive proof against the defendant, Powers. Judge Sims argued that this was the legal position of the mat ter, as Sparks was not under indictment as an accessory or conspirator. Common wealth's Attorney Franklin argued that the proof should go to the jury without restric- tion. He called attention to the fact that the indictment against Powers charges him with conspiring with the other parties jointly indicted and also others to this grand jury unknown"
 He sadd that the proof indicated that Sparks was one of the conspirators who were unknown at the time of the bringing of the indictment.
 Judge Cantrill reserved his decision on the question.