The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-14
ARGUMENT o. COUNSEL.
THE GEORGETOWN TRIAL WILL
REACH IT'S LAST STAGE
TODAY
WILL BE FIVE ON BOTH SIDES
Jury Taken to Frankfort to View
Scene of Tragedy-Case wall
Go to the Jury ON
Saturday,

GEORGETOWN, KY, Aug. 13.-The
hearing OF testimony in the case Of ex-
Secretary Of State Caleb Powers was con-
cluded at noon today, and the argument
before the jury Will begin tomorrow.
There viii be five speeches on both sides.
Those who will speak In behalf of the
prosecution are:
commonwealth s Attorney Franklin, T.
c. Campbell. John K Hendrick, Victor f.
Bradley and Capt. B. B. Golden.
Those who Will argue the case for the
defendant will be ex-Gov. Brown, J. c.
Sims, Judge J. H. Tinsley, ex-Congress-
man Owens and Judge George Denny.
Inc jury was taken to Frankfort this
afternoon to view the scene of the
tragedy.
The case Is expected to reach the jury
by Saturday, Judge CantriH announced
that the Youtsey case will be taken up
Immediately.
The jury arrived at Frankfort at s
o'clock, and spent an hour in viewing the
capital grounds and buildings and other
points In connection with the case. The
jury was In charge of Judge CantrilI and
three deputy sheriffs. The defendant
Caleb Powers, also came along and was
In the office Of the secretary Of state for
the first time since his arrest, March TO-
The point where Goebel fell, the window
from which the shot is claimed to have
Youtsey walked out after the shooting.
and other places which have been fire.
quently referred to in the evidence, were
pointed out by the court without COM
ment.
The sixth week of the Powers trial be-
gan with number Of witnesses for the
prosecution in rebuttal remaining to be
examined. If the testimony Is completed
early this afternoon, the jury will be
taken to Frankfort on a special train to
Inspect the capitol grounds. B. W. Brad
burn, a member of the reward commits
sion, was the first witness called today.
He testified that OF the S. 900 drawn by
the commissioners out of the fund appro-
priated by the legislature, only about $4,-
OOe had been expended, and said that no
money had been paid to any witness who
had testified In the case, and that no
agreement or contract existed between
the reward commissioners and Wharton
Golden, Robert Noa.kes, w. H. Culton or
any other witness.
James Walker. colored, corroborated
the testimony of J. w. Dougherty that
John Perkins, the porter in AdJt. Gen.
Golfers office lad told them that the
defense wanted him to testify that he
Perkins) had carried the orders to the
troops at the arsenal, calling them out,
but that he did not intend to testify
TO 1t, as 1t was not true.
The prosecution rested its rebuttal testi-
mony at this point, and Assistant State
Auditor Grayot was then called by the
defense, whose cross-examination of the
witness In regard to the alleged specula-
ton Of w. II. Culton, while clerk In
the auditors office was not completed at
Saturdays examination. Grayot produced
the additional records asked for by the
defense at that time.
The prosecution insisted that II the de-
Tense was allowed to produce the vouch-
ers and warrants In question upon which
the defense alleges he stole 81, 148, Culton
must be allowed to go on the stand in
order to explain the transaction on his
part. The court ruled the evidence out,
saying the records showed that the mon.
ey paid into the treasury by Auditor Stone
was marked as errors In vouchers" and
the Franklin county court was the place
to settle the question of errors.
Ex-Auditor Stone was then called, but
the court ruled that he could not testify
at this stage of the trial Concerning the
matters upon which he was asked, and
the attorneys for the defense. accompa-
MED by the prisoner, withdrew for a. con-
sultation. At the close Of the conference
the court directed the sheriff to take the
jury to Frankfort this afternoon.
The testimony In the Powers case was
concluded at noon. Judge Cantrill then
announced that as soon as the argument
in this case was concluded and the case
given to the jury, the case of Henry E.
Youtsey will be called. The sheriff was
ordered to summon a special venire Of ju-
rors for the Youtsey case.
AN IMPORTANT POINT.
At the afternoon session of the court
Judge Sims, for the defense, made a mo-
ton that the court instruct the jury that
the testimony Of three witnesses who con-
tradicted the testimony of County Attor-
ney James Sparks, OF Laurel county, and
who also swore that Sparks said Goebel
was to be killed Jan. g. and that Gov.
Taylor would pardon the association,
should only be considered by way of af-
fecting the credibility of the witness,
Sparks, and should not be taken as sub
stantive 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 acces-
sorry or conspirator. Commonwealth At
torney 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 conspiring with the other parties
Jointly indicted, and also "others to this
grand jury unknown" He said that the
proof Indicated that Sparks was one OF
the conspirators who were unknown al
the time of the bringing Of the indict-
ment.
Judge Cantrill reserved HIS decision or
the question.