The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-14
TRIAL OF CALEB POWERS
The Taking Of Testimony Was Completed
Yesterday
THE JURY WAS TAKEN TO FRANKFORT
The Secretary of states Office was
visited and spot where Goebel
Fell was Pointed Out.

Georgetown, Ky, August 13.--The hear
ing Of testimony in the case of ex-secre-
tary of State Caleb Powers was concluded
at noon today and tomorrow the argument
before the jury will begin There VIII
be Ave speeches on each side. Those who
will speak in behalf of the prosecution are
Commonwealth Attorney Franklin, T. G.
Campbell John X. Hendricks, Victor f.
Bradley ana Captain d. b. Golden. Those
who viii argue the case for the defense
will be Ex-Governor Brown. j. C. Sims,
Judge j. T. Tinsley, ex-Congressman
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
! Immediately.
| me jury went to Frankfort this after
noon and spent an hour in viewing the
state capitol grounds and buiidings and
other points in connection with the case.
The Jury was in charge oil Judge can
trill and three deputy sheriffs. me de-
tendant, Caleb Powers, also came along
and was in the. onice OF the secretary or
state for the first time since his arrest.
] March 10. The point where Goebel tell,
! the window from which the shot is
claimed to have been fired, the basement
through which Ioutsey walked out after
the shooting and other places which have
| been frequently referred to in the evil
dence were pointed out by the court with
out comment.
at the AFTERNOON session OF the court
Judge Sims, fer the defense made mo-
ton that the court instruct the jury that
the testimony of three Witnesses who con-
tradicted the testimony of County At
torney James Sparks OF Laurel county and
who also swore that Sparks said Goebel
Yves TO be killed January IS and that Tay-
Tor would pardon the assassin, should only
be considered by way of Affecting the
credibllity of the witness Sparks and
should not be taken as subs tauta tive
proof against the defendant Powers
Judge Sims argued that this was the legal
position of the matter as Sparks was not
under indictment as an accessory or con-
sprator. commonwealth Attorney
Franklin argued that the proof should go
TO the Jury without restriction He called
attention to the fact that the Indictment
! against Powers charges him with cOn-
spring with the other parties jointly in
dlcted ana also Others to this jury uu-
known" He said that the proof indicat-
ed that Sparks was one of the conspira-
tors who were unknown at the time of the
bringing of the indictment.
Judge Cantrill reserved his decision on
the question.
On the return of the jury from Frank
fort at 1880 p. m. they were marched from
the Midland depot to the court house,
where they arrived and court adjourned
until $50 D. NJ.
Tonight when Judge Cantrill raped for
order, Commonwealth Attorney Franklin
submitted instructions which counsel for
the prosecution thought applicable TO the
case. When Judge Cantrll asked for sus-
gestions from the defense as to what
should be included in tho courts final ia
structions to the jury, Ex-Governor Brown
declined to offer any, saying the defense
refused to prepare list of Instructions
aud asked the court to submit his instrut-
tions and give them to the defense and al
low it to prepare such changes and amGud-
meuts as they think proper. Judge Can
trill said it had always been the practice
for both sides to submit their instruc-
tlons. and then the court, aided by aoth
sides. could prepare instructions and do
liver them to the jury. Then if each side
had any further instructions or sugges-
tions to make they could ask the court
TO deliver them.
Mr. Brown maintained that the court
should prepare his instructions without
any suggestions from the counsel for the
defense, and then counsel for the defense
could make whatever changes or additions
they sec fit. Judge Cantril said positively
he would not submit his instructions to
the defense Tor inspection unless Powers
lawyers submitted their suggestions in ad-
vance At 10 o'clock. however. attorneys
for the defense agreed to prepare nstruc-
tions to be submitted to the common
wealth and to the court, and judge Cam
trlll said he would hear arguments Of both
sides the first thing tomorrow. and tiny
would be allowed twelve hours on each
side for final argument