Iron County register., 1900-05-03
THE CONSPIRACY TRIAL.
The Defendants In the Goe"e'
sinafion Cases FormahS
rafgned nt Frankfort. NY"


defendants charged with complicity OF
ae accessories in the murder OF WIN
lam Goebel were arraigned, yesterday
afternoon before Judge Cantrill. Ihey
were republican Secretary OF otate
Caleb Powell, Capt. John W. DAVIS,
Harland Whitaker. ". HI. Culton anu
Richard Combs, colored. All OF Who'"
entered pleas of not guilty.
Petitions for IA Change of Venue
Henry E. Youtsey, who had preNt-
OF sly been arraigned and pleaded not
@, ilty. was also in court. ana MS at
to,rey asked for change of venue,
the prosecution waving notice am
allowing the motion to come up along
with similar motion filed in the case
Of Powers, Davis, Whitaker ana
Combs.
An Imposing Array of Legal Taient'
The defendant was represented oy
e. Gov John Young Brown, Judge >
SIMS, w. r. Nelson, l.. j. Crawford
T.. c. Kinkead, Wood Dunlop, John w
ho6man, Gen. d. W. Lindsay, h T.
hcgg and w. r. Ramsay.
The prosecution was represented by
C. mmonwealth' AttorneyR. Is. Frank
lir, Col. T. c. Campbell, Judge Is ~
Williams and others. The court room
was crowded to suffocation when the
pris oners were brought into court
The Defense Overruied.
Ex-Gov. Brown insisted that the mo-
titn for a change of venue be passed
Oh before the arraignment of the priS-
Cners, but the court overruled the mo-
ton on the ground that defendants
were not technically before the court
Till after the arrignment. To this rul-
ing the defense saved an exception
After the arraignment, eN-Gov. Brown,
fol the defense, rendered pardons
era nted by republican Gov. Taylor u
Caleb Powers and John Davis, and Of
fered them as a bar to the prosecution
l. presenting the pardons Gov. Brown
sa d.
Presented PardOns IA bar.
eve present these pardOns, issued
by the governor of Kentucky, and
plead them as bar to further prose
cution. We make a formal demand for
dismissal of the indictments. We do
This as matter of form and not with
the hope that the court will sustain
tho notion
Again OverruIed.
Judge Cantrill said:
1.-The 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 q court. Sew
erai of the courts have passed
the questions at issue, and
these that have so passed there
on, decided that Mr.. Taylor is not gov
ernor, and was not at the time these
pretended pardons were granted The
notion to dismiss the indictments Is
oyerruled."
Petitions for Change Of Venue
The petitions for changes of venue
were then made. The prosecution en-
tered an objection and filed counter al
fidavits.
There was a good deal of Guibbliny
between the prosecution and the d.
te nse as to where the burden of proof
should rest in the issue raised. but
the prosecution finally gave in aud
commemorative Attorney Franklin
announced that that side would as
sumo it and was ready to begin hear
ing proof from its witnesses
Attorney Nelson's Argument.
r. w. Nelson, of the defense. made
lengthy argument in objection 10
the introduction of proof on the ques-
ton of a change of venue. His state
ment. he said, was professional. anil
his reasons for asking for n change
IF venue for the defendants without
l.,
house here was in charge of armed
soldiers who recognize one of the coa-
tending parties to the political con
troyersy, and that there were Other
evidences of local excitement of which
the court could take judicial knowl-
edge and about which il was not neG-
essary to have oral proof to show tha.
the conditions here are such as to- in
terfere with the dispensation of jus
tice.
The Objection OverruIcd.
Judge Cantrill denied that the court
house was under guard of soldiers. but
SAID they We're in charge of the Iail
ly order of the county judge. He over
ruled the objection of Col. Nelson, AMI
three witnesses were heard on the
sioe of the prosecution in regard TO
he change of venue. Those who testi-
fed were City Judge W. c. Herndon.
j. c. Noel and DIR. Estes. They gave
it as their opinion that there is no
sentiment in the county that would
prevent fair trial.
The court adjourned at five o'cloc.-.
The hearing of proof on this question
will probably take up most of the day
to DAY.
Gov. Taylor Returns.
Frankfort, KY, May Gov. TAYLOR
to the city last night. hav-
ing spent Sunday night and yesterday
in Louisville, comforting with political
friends He HpclinnH