The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-07-31

excluded. during which Ex-Governor Brown
for the defense made motion for per-
emptory instructions for verdict Of ac-
quittaL The motion was submitted without
argument and was promptly overruled by
the court.
The defendant occupied his customary
seat among the attorneys for the defense
and seemed TO direct for the most part, the
movements OF his counsel.
A large number OF witnesses for the de-
Tense, including Ex-Governor Bradley, ar
rived this morning.
Line of Defense.
Lawyer Falkner OF Barbourville stated the
case, giving the line OF evidence for the de-
Tense. He reviewed the political events for
the last nine months and said the defense
would show that the contests over the State
offices were not tried on judicial lines. but
on partisan basis. and that politics was
responsible for the present prosecutions. He
intimated that the prosecution knows the
identity of the assassin, but has concealed
him. He said II would be admitted that
Caleb Powers and Charles Finley organized
and brought to Frankfort the crowd Of
mountain men who arrived there January
%. but that this Was only to petition the
Legislature and not to intimidate that body.
| who composed the mountain army were not
bad characters. as charged by the other
side. and he charged also that the Demo-
Gratis at that time had large bodies Of men
, In Frankfort to back up the contestants.
He said Powers had in his pocket st
the time OF the killing the keys to his Of
| flee. which the prosecution alleges had
been siven to Youtsey. that Powers never
oven conferred with Youtsey. Berry. How
| ard. Jim Howard. Green. Golden or Dick
| COMBS. and that Jim Howard was not on
| the Capitol grounds It'll after the killing
II would be proved. he claimed, that the
witness. Weaver, one Of the main witnesses
Tor the prosecution. was never in Frankfort
| TIL yesterday. that Finley Anderson and
| Robert Noakes testified for money and W.
| H. CultOn in the hope Of obtaining i'm
munity from prosecution. and that Whar-
ton Golden would also be successfully con-
| tradicted.
| Powers on the stand.
The defendant Caleb Powers, took the
| witness stand. Witness never knew Jim
| Howard. Harland Whitaker or Richard
: Combs, three of the defendants. prior to
the assassination. Had only known Yout-
| sey since January l.
In regard TO the bringing Of the noun
taineers to Frankfort. the witness said:
| There were three crowds of men
pfousht 10 rrahkfoft- ana had something
| TO do with the organization Of each The
| purpose was to show the interest of ,heee
| people In the matters al issue at that time
and not TO intimdate ether the State Elec-
! ton Board or the Legislature 1 instruct
| ed the men TO do no acts Of violence. and
so far as know, none was committed by
| them.
| Witness continued:
''The last crowd of men was brought
for double purpose. We expected TO use
/ them as witnesses before the contest hoard
and also to show by their presense the in
J terest they felt in the contests. We also
! had heard rumors that we were 10 he for
| chilly elected from the offices These ru-
| mors 1 based on newspaper reports, and
| We intended to resist violence"
| bradley Objected.
Mr.. Bradley Of the prosecution objected
to this statement. asking that IT be ex-
l Guided on the ground that newspaper re-
ports could not be given in evidence. Tn.
I court ruled that II was incompetent for
! the witness to detail newspaper reports or
| tell of apprehensions which he based ON
common rumor.
Continuing. the witness said he had re-
| ceived Information that Mr. HILL the CON-
testant for Secretary of State. would not
wait until the contests were settled I'm
| court, but would try to take forcible Dos
| session as soon as the Contest Board acted
| IF that sort OF thing" said he had
been attempted we intended TO hold the
offices. i had a conference with Governor
! Taylor and he advised the bringing of a
! large body of men. to show their interest in
political affairs. He also advised that they
/ be brought armed. and promised to pay
| the expenses. I acted on this. The plans
| We're kept secret. he said. to prevent Drop
| ping us through a bridge or derailing our
! train. Il told those In the conference" he
, said. 'the utmost secrecy must be observed
| in getting them there before the news got
! out"