The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
POWERS ON STAND
IN HIS own BEHALF.
Denied the Charges Made
Against Him.
MOVED ACOUITTAL.
The Motion Was Not Argued and
Was Promptly 0verruled.
INFLUENCE NOT INTIMIDATION.
This Was Purpose of Bringing Noun
tain nIen to Fra nl1fort-Powers Adj
Initted Organizing Them, but
Denied That Youtsey Had
Key to His Office on Day
OF Shooting.
INFLUENCE NOT INTIMIDATION.
By Associated Press.)

bEOfSJE1ONA, MI, uls oo.-1|-N-
Secretary of State Caleb Powers took the
stand in his own behalf to-day; but did
not complete his testimony on direct ex-
animation. He will probably be on the
stand all day tomorrow.
Powers admitted that he organized the
body of mountnineers who went to Frank
fort on several occasions last winter, but
declared this was done for influence with
the State Contest Board and the Legls!a-
ture; not for the purpose of intimidation.
The defendant entered denial of the
charges made against him by Culton,
Nonkes and other witnesses. He denied
that Henry Youtsey had the keys of his
office on the day of the assassination, but
he said that there were two keys to the
office. one of which was in the possession
of former Assistant Secretary of State
w. J. Davidson and another in the pos
session of Ben Rowe, Governor Taylors
colored porter Powers said thnt neither
of these keys were ever in his possession,
and that ne had his own key in his pocket
in Louisville the day of the assassina ton.
MOVED ACQUITTAL.
Inc GeIenSe Oppllet us Site VI 'iiS Io''S
with a motion for peremptory instructions
for a verdict of acquittal The motion
was submitted without argument. and
was promptly overruled by the court.
Attorney Fnulkner stated the case for
the defense He said the defense will
show that the contests over the State
offices were not tried on judicial lines,
but on a partizan basis, and that politics
was responsible for the present prosecu-
tons.
Ha irtimated that the prosecution knows
the identity OF thu assassin. but has con-
cealed him. 1t will be admitted. he said.
that Caleb Powers and Charles Finley or
ganiZed and brought to Frankfort the
crowd of mountain men who arrived there
January 25th. but that this was only to pc
tition the Legislature and not TO intimidate
that body. He declared that the men who
composed the mountain body were not bad
citizens, as charged by the other side, and
he charged also that the Democrats had
large bodies of men in Frankfort to back
up the contestants.
POWERS HAD KEYS
He said Powers had in his pocket at the
time of the killing the keys to his office,
which the prosecution alleges had been
given to Yuotsey; that Powers never even
conferred with Youtsey. Jim Howard.
Green Golden, or Dick Combs, and that
Jim Howard was not on the Capitol
grounds until after the killing.
1t would be proved, he claimed, that
Weaver, one of the main witnesses for the
prosecution, was never in Frankfort until
yesterday: that Finley and Anderson and
Robert Noakes testified. for money, and
W. II. Culton in the hope of obtaining i'm
munity from the prosecution, and that
Wharton Golden's evidence would be sue
cessfully contradicted
NJ al
witness stand He declared he never knew
Jim Howard, Harlan Whitaker or Richard
Combs, three of the defendants, prior to
the assassination. He had only known
Youtsey since January 1st.
In regard to the bringing of the noun
taineers to Frankfort, witness said: There
were three crowds of men brought to
Frankfort and I had something to do with
the organization of each. The purpose
was to show the interest Of these people
in the matters at issue and not to
intimidate either the State Election Board
or the Legislature. instructed the men
to DO no acts of violence, and SO far as l
know none was committed by them"
DOUBLE PURPOSE.
Powers continued: 1.-The last crowd of
men were brought for a double purpose.
We expected to use them as witnesses be-
fore the contest board, and also to show
by their presence the interest they felt in
the contests. We also had heard rumors
that we were to be forcibly elected from
the offices. These runors were based on
newspaper reports and were intended to
resist violence"
Mr.. Bradley, OF counsel for the prosecu
ton. objected to this statement and asked
that it be excluded on the ground that
newspaper reports could not be given in
evidence.
The Court ruled that 1t was incompetent
for the witness to detail newspaper re-
ports or tell of the apprehensions which
he based on common rumor.
Witness said he had received information
that Mr.. Hill. the contestant Tor Secretary
of State would not wait until the con-
tests were settled in court. but would try
to take forcible possession as soon as the
contest board acted.
SECRECY OBSERVED.
.If that sort of thing had been attempt
ed" he said 1--WE intended to hold the Of
fees. I had a conference with Governor
Tavlor. and he advised the bringing of a
large body OF mountaineers to show their
interest in political affairs. He also ad-
yised that they be brought armed and
promised to pay the expenses. l acted on
this The plans were kept a secret 10
prevent dropping us through a bridge or
derailinc our train. I told those in the
conference that the utmost secrecy must
he observed in getting them there before
the news got out"
AT the afternoon session the defendant
was again on the stand He read TO the
Jury receipts from various parties. winch
he said were for money paid by him Tor
board for some OF the mountain men
brought by him to the State capital He
said he had no recollection of having snid
in the presence of w. n. cuiton that the
Legislature would be given thirty minutes
TO act, and If it did not do It in that time
they would kill the Democratic legislators.
In regard to sending the men home from
Frankfort the evening of January 18th.