The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-09
TWELVE GOOD MEN AND DEMO-
Gratis LISTENED TO TEsTI-
MONY YESTERDAY
RAPID PROGRESS Was MADE
TODAY THE JURY WILL VISIT
THE SCENE OF THE
SHOOTING
HE WAS READY FOR TROUBLE
Ex-GOv. TaylOr's Private Secretary,
Mckenzie Todd, Gives Damag-
ing Evidence Concerning
the Defendant.

GEORGETOWN, KY, Oct. s-A jury
was completed today to try Henry E.
Youtsey on the charge of being prin-
cipal in the shooting of Gov. Goebel.
The talesmen were sworn and Common
wealth's Attorney Bradley made mis-
opening statement.
The defense moved to discharge the
jury on the ground that the jurymen are
all Democrats. Judge Cantrill over
ruled the motion, declaring that the
complexion of the jury politically has
nothing to do with this defendant, as he
Is indicted for murder and not for any
political offense. The defense filed an
other motion to require the common
wealth to elect whether it will try Yout-
sey for actually firing the shot or for
a-~4ng and abetttng the man who did
fire the shot. Attorneys for the state
replied that they simply wished to try
Youtsey under the indictment and let
the jury say whether he fired the shot.
A demurrer to the indictment was then
filed on the ground that it named no
one as firing the shot and that it did not
sufficiently describe the offense, charged
against Youtsey. Judge Cantrill over
ruled the demurrer.
After Bradley concluded his statement
Mr. Nelson asked that the jury view the
premises before hearing the testimony.
The commonwealth made no objection,
except 1t asked to introduce one or two
witnesses whose testimony had no bear
ing is to the location of the premises
This was agreed to by the defense but
the court said the jury could not be
taken to Frankfort until tomorrow morn
ing and that the introduction of testi.
money must continue until then, though
no witnesses as to the location of the
shot or the victim need be examined.
TESTIMONY BEGUN.
With this understanding Attorney
James A. Scott of Frankfort, was called
as the first witness. Scott said Yout-
sey talked to him in his (Scott's) house
about his connection with the shooting
but said nothing about employing him
as his attorney; that nine or ten Gays
later Youtsey did come to his Office and
asked him to stand by him." that he
(ScotD replied II will stand by you if
you are right
The defense here objected to Scott tes-
tify1ng because the relation of attorney
and client prohibited it. The jury re-
tired and discussion followed as TO
whether Scott must tell or not tell what
Youtsey said in the first conversation
Scott said he told Youtsey at the second
conversation that he would not defend
any man charged with Goebel's murder.
Judge Cantrill called Scott up on the
pench and, after long private conversa-
ton with I'm, decided that Scott could
not testify. T. T. Thomason, a Frank
Tort politician, told of running to GoebePs
body and helping to carry 1t to the
capitol hotel, heard the shot and the
frst one sounded like fired by smokeless
powder; said he had hunted much and
was acquainted with the difference in
sound between smokeless powder and
black powder. He told of finding the
bullet in tree ten or more days after
the shooting
DR., I. R. Welch, state senator from
JeSsamine, told of post-mortem exam
inatton of the wound In Goebel's body
made by him and Drs. Hume and Ely:
said the bullet entered right side, near
arm pit went directly through and came
out of the left side of the
backbone one and one-sixteenth inchss
lower down than where it entered: thar
pieces of bones driven into the lung in
dicated unerringly that the bullet en-
tered on right side, front DR.. E. E
Hume, of Frankfort, corroborated Welcn
DAMAGING EVIDENCE.
Mckenzie Todd, private secretary to
w. S. Taylor in January, said:
on Saturday, Jan. %, my attention
was called to Youtsey in the reception
rG4m rit}inss OF tt the e. secretary of state. He was
nm IN his hand. I had just entered the
room. had seen some armed men in
me me hall, and he said there was trouble in
saw him in Caleb Powers private 0f4ice
with gun, sitting by the window. The
WINDOW was raised little and the cur
Jaaa uaa Roins RTii1ed tfE down. asked him what he
islatiVe buiding R e ROl6{ng 6on TO fntdnd the leg
start ST tam any trouble, but if it starts | viii
long board standing against the wall, dis
closing some guns, and said to me, they
say Powers IS a brave man, but when
there, are signs of trouble he hides his
:. Just after that Powers himself came
IN, and Youtsey again said he would not
start anything, but was prepared for
think of shooting, out that window, R'' and
Youtsey said, that's right, it would
never never DO left Powers and Youtsey and
day morning before Goebel was shot. He
was out in the main hall near the west
door of the legislative building. Caleb
PoWers was present and Youtsey asked
contest. When todd him the attorneys
We're hopeful he seemed satisfied and
walked towards his office. 1 was in nv
Ihace iha me next to to the governors office when
d
man was shot. looked out my window
and saw a man lying on the pavement
WIN Col; Jack Chinn near him.
Court here took a recess until 7:3O TO-
night, when Todd will continue his story.
EVENING SESSION.
when I went into Powers private Of
fee the day Youtsey was in there,' said
Todd, when the evening session began.
the door was locked and ] knocked to
get in. About ten minutes after tho
shooting 1 saw Youtsey in nv Office.
which is the reception room to the gov.
ernor's office. I heard him say nothing
and saw him have no arms"
Frank H. Johnson, who was DEPUTY
state auditor in January, said he had a
conversation with YoVtsey prior to Jan.
80, and while he recalled the talk rather
indistinctly, he remembered that Youtsey
said something about feeling aggrieved
at Senator Goebel over some matter
about which he said Goebef had mis-
treated him. He did not remember what
it was that Youtsey thought he had been
mistreated about Witness saw Youtsey
run into the auditors Office about noon
on January 27, with a gun in his hand
and said: you boys had better get your
guns as there Is a row on and all of US
will be killed" Witness said he told
w.. L y T.