The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-07-31
CALEB POWERS.
I.ESTIFIESIN HIS
OWN BEHALF.
Admitted That He Organized the
+ Body Of Mountaineers Who
Went to Frankfort.
NOT DONE TO lNTlMIDATE.
General Denial Of Charges Made by
Culton, Golden and Noakes-Tells
Convincing Story.


Secretary OF State Caleb Powers took
the stand In his own behalf to-day, but
did not complete his testimony on direct
examination. He probably will be on
the stand nll day tomorrow. Powers
admitted that he organized the body Of
mountaintcrs who went to. Frankfort
on several occasions last winter, but de-
clared this was done for influence with
the state contest board and the legisla-
ture-not for the purpose OF intlmlda-
tlon. The defendant entered a denial
OF the charges made against him by
Culton, Golden, Noakes and other 'yit
nesses. He denied that Henry Youtsey.
had the keys TO his office on the day OF
the assassination. but said that there
were two keys to the ofilce,one OF which
was In the possession OF former assist
ant secretary OF state w. ]. Davis and
another in the possession Of Ben Rowe.
Governor Taylor''s colored porter. Pow
ers says neither OF these keys were
ever in his possession and that he had
his own key In his pocket in Louisville
the day OF the assassination.
Davidson Is supposed to be In the.
state OF Washington and Rowe, the coll
ored porter, Is said to be in Anderson,
Ind.
Defense Asked for Acquittal.
The defense opened its side of the
case with motion for peremptory in
structions for a verdict OF acquittal.
The motion was submitted without arr
gument and was promptly overruled by
the court.
Attorney Faulkner 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 q partisan basis and that politics
was, responsible for the present prose-
cutions. He fntimated tha. the prosa-
cution knows the identity of the assas-
sin, but has concealed him. 1t will be
admitted, he said, that Caleb Powers
and Charles Finley organized and
brough. to Frankfort the crowd OF
mountain men who arrived there Jana-
ary IS, but that this was only to ,petl-
ton the Legislators and not to lntimi-
date that body. He declared that the
men who composed the noun
tain army were not bad
characters, 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 to the Office.
He said Powers had In his pocket at
the time OF the killing the keys to his
office which the prosecution alleges to
had been given Youtsey, that Powers
never even conferred with Youtsey,
Berry Howard. 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 prosccu-.
tion. was never in Frankfort until yes
terday; that Finley Anderson and Rob-
ert Noaks testified for money, and W.
a. Culton in the hope OF obtaining I'M
munity from prosecution and that
Wharton Golden's evidence will be sue
cesstully contradicted.
The defendant. Caleb Powers, took
the witness stand. He declared he
never knew Jim Howard .Harland Whit
takcr, or Richard Combs. three OF the
defendants. prior to the assassination.
He had only known Youtsey since jan
uary /. aS(.+a
Three Crowds of Mountainers.
In regard to the bringing of the
moun,aineers to Frankfort, witness
said:
''There were three crowds OF men
broughtlto Frankfort. and had some
thing to do with the organization OF
each. The purpose was TO show the In
terest OF these people in the matters at
issue at that time and not to intimidate
either the state election board or thu
legislature. l instructed the men to do
no acts OF violence. and. so far rs I
know none was committed by them.
Powers continued:
THE last crowd OF men were brought
for double purpose. We expected to
use them as witnesses before the. con-
test 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 rumors, / based on
newspaper reports and .wa intended to
resist violence" Ns.t
Asked to Rule Out Evidence.
Mr.. Bradley. OF counsel for prosccu-
tion, objected TO this statement and
asked that 1t be excluded on the ground
TINT newspapers reports could not b.
given In evidence. The court ruled that
It was Incompetent for the witness to
detail newspaper reports or tell OF ap-
prchcnsions which he based on common
rumor. Witness said he had received
the contestant forsccretary OF state, who
would not whit until thc contests were
settled In court but would try to take
forciblr possession soon as the contest
board acted. III that sort OF thing had
been attempted" he snid. I'VE Intended
to hold the Offices. Il had n conference
with Governor Taylor and he advised
the bringing or a large body OF men to
show their Interest In poll
tlcal Affairs. He also ad-
!. vlsed the mountainccrs be brought