Evening journal., 1900-05-01
Defense Wanted Argument on
Change Of Venue to Precede
Arrangement
OVERRULED BY THE COURT
Judge CaRtrilI Denies That Court
House is Under Guard Of
Soldiers

Frankfort. Ky, May 1.-Two OF thu
defendants charged with completely.
or as accessories. In the murder Of
William Goebel were ararigned yestsr-
day before Judge Cantrill They wero
Republican Secretary OF State Caleb
Powers. Captain John w. Davis, Har-
land Whitaker. w. H. Culton and
Richard Combs (cplorod). All OF them
entered pleas of rot guilty.
Henry =. Houtsey, who had previ-
ously been arraigned and pleaded not
guilty, was also in court, and his attor-
ney asked Tor a change of venue. the
prosecution walyinr notice and allow
ing the motion to come up along with
a similar molten filed In the cases OF
Powers, Davis, Whitaker and Combs.
The defendants were represented by
Ex-Governor John Young Brown Judge
y Z. sims. X. w. Nelson, l.. J. Craw-
loru, X. G. kinkead. Wood Dunlop.
John w. Rodman. General ID. w. Lind
say. p. o. HOgg and w. r. Ramsay.
Tee prosecution was represented bv
Commonwealth Attorney r. b Frank
lin. Colonel r. c. Campbell Judge G..
g. Williams and others.
Ex-Governor Brown Insisted that the
motion for a change OF venue be pass
cd on before the arrnignment OF the
prisoners, but the court overr1iled the
motion on the ground that the defend
ants were not technically before the
court til after the arraignment. TO
this ruling the defense excepted. After
the arraignment Ex-Governor Brown.
for the defense, rendered pardons
granted by Republican Governor Tay-
lor to Caleb Powers and John Davis.
and offered them as q bar to the prose-
cution.
Judge Cantrill said:
"rhe alleged pardons are not good
In law The title to the Office OF gov
ernor is In dispute, and the litigation
over it is still pending in the courts.
Several OF the courts have passed on
the questions az issue and those that
have so passed thereon decided that
Mr.. Taylor is not governor and was
not at the time the pretended pardons
were granted. The motion 20 dismiss
the indictments Is overruled."
The petitions for changes OF venue
were then made. The prosecution en-
tered an objection and filed counter
afiidavits. The afldavits for the de-
PENDANTS state that they verify
believe II Is impossible in the state OF
public feeling for the defendants to
obtain a fair and impartial trial in
this community. The counter-afi-
davits state that there is no such feel
ing as would prevent a fair and i'm
partial trial. There was a good deal
OF quibbling between the prosecution
and the defense as TO where the bur-
den OF proof should rest In the issue
raised, but the prosecution finally gave
In and Commonwealth Attorney
Franklin announced that that side
would assume It and was ready to be-
gin hearing proof from its witnesses.
At this point r. W. Nelson, OF the
defense, made a lengthy argument OBJ
jecting to the introduction Of proof on
the question Of a change OF venue. His
statement, he said. was professional.
and his reasons for asking for a change
Of venue for the defendants without
hearing proof were that the court
house here was in charge Of armed
soldiery who recognized one Of the
contending parties TO the political con-
troversy, and that there were other
evidences of local excitement Of which
the court could take judicial knowl-
edge and about which Il was not
necessary TO have proof to show that
the conditions here are such as to in
terfere with the dispensation Of JUS
tice.
Judge Cantrill denied that the court
house was under guard OF soldiers, but
said the soldiers were in charge of the
jail by order of the county Judge He
overruled the objection Of Col Nelson
AID three witnesses were heard on the
side OF the prosecution in regard to the
change Of venue. Those who testi-
fed were City Judge w. c. Herndon.
]. c. Noel and DR.. Estes. They gave
It as their opinion that there is no
sentiment In the county that would
prevent fair trial. The court ad-
journed at 5 o'clock. The hearing Of
testimony on this question win prob
ably take up most Of today.