The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-08-11
TESTIMONY ALL IN
Few Anticipate the Convic-
ton of Powers.
Many However Look For Disagreement The
Question For tn, Jury is the CredibiI-
ity of the Witnesses.
lBx the Aasociated Prosa.l

Georgetown, KY, August 10.-In the
case of Caleb Powers, ex-Secretary of
State, charged with being an accessory
before the fact in the Goebel assassna-
tion, the defense rested it's testimony
this afternoon. Several witnesses in re-
buttal were introduced by the prosecution.
The jury VIII be taken to Frankfort
either Monday or Tuesday to view the
scene of the tragedy. When it comes to
considering the evidence the jury will not
have to decide the question of which side
has dealt in perjury but hich side has
been burdened with the larger amount
OF. that product, as during the past few
days contradiction and impeachment have
been the leading features. There are
few who believe the trial will result in a
conviction, but many anticipate disagree
ment.
MRS. John Davis the wife of one of the
men charged with being an accessory to
the Goebel assassination, was the first
witness. Caleb Powers, she said, boarded
at her house. John Powers was also
there January 25th. She testified that
the latter was i'll in his room at her house
that day and did not leave his room after
III O'Clock that day. This was in contra
diction of the testimony of Robert Noakes
who told of an alleged conversation with
John Powers at the State House in which
he said the latter told him ito stay
close to the building as something was
going to happen as soon as Goebel and
those fellows came down.
The defense asked to be allowed to Of
fer as evidence the act of the Legislature
appropriating 100000 for the apprehen-
sion and prosecution of the assassin Of
William Goebel No objection was Of
fered and the act was made part of the
testimony.
Walter Day, Republican State Treas
urer, testified that Youtsey sent for him
the day before the shooting. He went to
sec Youtsey and the latter told him that
for $500 he would settle the contest. Wit
ness pressed Youtsey to know how he
would accomplish it, but the latter would
only say that for that amount he would
settle it
Witness refused to confer further with
Youtsey.
Rev. John Stamper, who testified for
the defense several days ago, was the
first witness called by the prosecution in
rebuttal He was recalled for the purpose
of laying the foundation for contradic-
ton. He denied that he told several peo-
pie several days after the confession of
his brother-inlaw Wharton Golden, that
he believed the latter had told the truth; !;
that he did not want him to fall into the
hands of the other side.
question by Attorney Bradley as to
whether Stamper had not at that time
said that he was very much in sympathy
with the prosecution was objected to bv
the defense and the jury was withdrawn
while it was argued. Bradley said the
purpose of the question was to show the
interest of the witness in the subject
matter and subsequently to show that
he had changed his sympathes to the
defense since he had received money from
representatives of that side. The proof
he said, showed that Stamper had been
playing fast and loose with both sides and
the question was to his credibility.
The court decided that the question was
competent The witness said he had no
recollection of having made the state
ment
Henry Hazlewood, lawyer of Laurel
county, testified that he heard James
Sparks. of London, say that Goebel
would be killed and Taylor would pardon
the man who did it; that the pardon was
already written out with blank left to
fill in the name of the man who did it.
Spark testified for the defense several
days ago, and at that time denied having
made the statement