The age-herald., 1900-07-27
SEVERAL FEATURES Y IN POWERS CASE Damaging Evidence Against
 Powers and Youtsey. ONE OF THE NOUN TAIN MEN Says He Heard Man in Powers Office Say Some One Ought to Kill the Damned Rascal
 Look ed Like Youtsey
ONE OF THE NOUN TAIN MEN

Harrod of Frankfort, who entered the ex- ecutive building a minute or two after the shooting of Goebel testified that he saw a man whose description tallied to that of Youtsey close the door of the office of the Secretary of State behind him and run down the basement steps.
 w. H. Wagner of Williamsburg, the home of Charles Finley, who arrived in Frankfort with the mountain men January 20 and spent much of his time between that time and the day of the assassination in Powers office, gave damaging testi- mony against both Powers and Youtsey. He said that on Friday preceding the assassination several parties were in Powers office discussing ways and means of defeating Goebel before the Legislature and one man in the party said:
 Somebody ought to kill the damned rascal.''
 Another replied: "I have made up my mind to do that myself"
 The witness said he did not know either of the men talking at that time, but he had seen Youtsey recently and was almost positive he was the man who made the latter remark. Witness overhead Powers talking complainingly on the day Repre- sentative Berry was unseated ana accord ing to his statement Powers said:
 We might be able to do something Ii the head of the ticket would act. II he does not, intend to expose the whole damned business"
 The defense put Robert Noaks on the stand this afternoon and questioned him at length for the purpose of laying foun- dation to contradicting his testimony. A letter written by Noaks to his cousin, MISS Fife Blankenship at Charlottesville, lnd.' since his arrest, promises to play an inn
 
 Noaks testimony is concerned, in the event the defense can produce the letter.
 Ciipp. d from Il Newspaper
 What is alleged to be the substance Of 1t was presented to the court this afternoon clipped from newspaper. The matter was not given to the jury, Judge Cantrell ruling that the witness could not be questioned concerning the letter or its contents unless it was first shown that the letter had either been lost or destroyed
 Walter Bronston, a Lexington attorney who assisted in the arrest Of Caleb PoWers and John Davis at Lexington, was the hrst witness called in the Powers trial today. Powers and Davis were disguised as sol- diers and were both armed. Witness iden- tified them to the police officers.
 After his forcible arrest Powers was taken to jail, where the pardon granted him by Governor Taylor and $1,300 in money were found in his pockets.
 Deputy Sheriff Frank Rogers of Lexing- ton also testified to the arrest.
 The pardon granted Powers by Governor Taylor and attested by the defendant him. self was then exhibited to the jury.
 Walter Bronston, recalled, told of a con- versation with Powers after the arrest in which Powers, referring to the pardon, said: "I know this looks a little bad, but we were making our way to place where the pardon would have been recognized" Assistant Adjutant General David R. Murray who, in response to subpoena duces tecum, had brought with the muster rolls of the State militia who next intro duced. After Murray had gone over such parts of the muster rolls as were admit ted, H. Davis Harrod a constable of Frankfort, was called He testified that when the shooting occurred heeran into the executive building and entered the west door. The door of the ante-room to the executive office was closed but witness pushed it open with difficulty, where he encountered several men, who thrust pis- tcls in his face. He told them he was an officer, but they kept pointing pistols in his face and made no reply.
 Dashed Down the Steps
 Harrod said that just as he entered the main door a short, stout man slam med the door of the Secretary of States office and dashed down the steps to the basement. Witness did not Youtsey at that time.
 During the cross-examination ex-Con- gressman Owens, for the defense, repeated a question at different intervals several times. Judge Cantrill ordered the clerk to enter fine of $5 against MT. Owens for contempt in repeating the question after objection had been sustained.
 Harry Handy, Assistant Secretary of State, produced the executive journal kept by Governor Taylor. The journal did not show any order calling out rtoops after he a Ssinat The pardODS iSSuad Powers, Finley, Culton and Davis were recorded. The prosecution wanted to show pardons issued by Governor Taylor to mountain men, who had been fined in the Frankfort police court for carrying pistols, but the court excluded this.
 Graham Vreeland, night editor of the Courier-Journal at Louisville, saw the crowd of moutaineers January 25. There were probably 1,200 of them. He was in the office of the Commissioner of Agri- culture that afternoon and saw Charles Finley giving the men their guns. A man whose name he afterwards learned was Matthews, called out the crowd in the room and said
 s.Boys, we ought to go up to the hotel and get that - Goebel" Witness heard so many threats that he left the room as soon as he could get out He also de- tailed various instances of disorder during the day.
 The Reward Question
 Robert Noaks recalled, was asked by Judge Tinsley if he did not tell party at Cumberland Gap that he was going to get part of. that $100,000 reward, although he did not know anything about the Goebel conspiracy.
 Witness denied 1t.
 He was asked regarding a letter writ ten bv him to Miss Fife Blankenship of Crawfordsvgile, Ind, an alleged quotation from which was presented in a newspaper clipping.
 The court ruled that the letter must be nroduced or the evidence excluded.
 Letters and telegrams from Powers to Noaks were excluded. The court admit ted one letter dated March 30 which said:
 "Dear Robert-They held me without bail. although they had no evidence against me. I am in the hands of the gang and evidence does not count much in these courts except confession evidence. I am going to do all I can to get a change of .oa,, Yes I will need vol, as a witness