The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1900-05-05
THE CONSPIRACY TRIALS.



were republican Secretary of State
Caleb Powell, Capt. John W. Davis,
ha'land Whitaker. w. H. Culton and
Richard Combs. colored. All of whom
entered pleas of not guilty.
Petitions for "a Change of Venue.
Henry T.. Youtsey, who had previ-
o, sly been arraigned and pleaded not
z, ilty. was also in court, and his at
To fey asked for a change of venue.
the prosecution wairing notice and
allowing the motion to comc up along
with a similar motion filed in the cas-.
II Powers, Davis, Whitaker AMI
Combs.
An Imposing Array Of Legal Talent.
The defendant WAS represented by
e. Gov. John Young Brown. Judge j.
L SIMS. ". II. Nelson. l.. j. Crawford,
T. {. Kinkead, Wood Dunlop, John w.
hoGman. Gen. ID. W. Lindsay, T.. 4.
hCcg and W. X. Ramsay.
The prosecution wa represented by
{, mmonwealth'sAttor II. B. Frank
ls. Col. I. c. Campbell, Judge i. u.
villains and others. The court room
WAS crowded to suffocation when the
-is oners were brought into court.
The Defense OverruIcL.
EX-Gov. Brown insisted hat the mo-
titn Tor a change of venue be passed
Oh before the arraignment of the pris-
oncrs. but the court oyerrTied the mo-
ton on the ground that defendants
were moi technically before the court
ill after the arraienmcnt. 70 this rul-
ing the defense saved an exception.
After the arraignment, ex-Gov. Brown,
toI the defense, rendered pardonS
granted by republican Gov. Taylor t.
Caleb Powers and John Davis. and Of
tered them as Il bar to the prosecution.
L. presenting the pardons Gov. Brown
sad:
Presented Plrdons rs IL Bar.
" present these pardonS. issued
Iy the governor of Kentucky, and
Plead them as Il bar to further prose-
cution. We make n formal demand for
dismissal of the indictments. We do
his as 4 matter of form and not with
The hope that the court Will sustain
tho motion"
again O,crruIed.
Judge CantrilI said:
1.-THE alleged pardons are not good
in law. The title to the office of 60
rrnor is in dispute. and the litigation
o,ec it is still pending in Z court. Sew
erai of the courts have passed
O. 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
Ilotion to dismiss the indictments is
overruled."
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 4 good deal OF clubbing
between the prosecution and the de-
tense as 10 where the burden of proof
should rest in the issue raised, but
the prosecution finally gave in au,l
Commonwealth Attorney Franklia
announced that that side would as
sumo it and was ready to begin hear
ing proof from its witnesses.
Attorney SeIssn's Argument.
T.. ". Nelson. of the defense, made
Il lengthy argument in objection t.
the introduction of proof on the queS-
$50, " =, nI,-o., = , .I..
mcnt, he said, was professional, and
his reasons for asking for a change
& venue for the defendants without
i:aaring proof were that the court
house here was in charge of armed
soldiers who recognize one of the col
tending parties to the political o
tro,efsy. and that there were other
evidences of local excitement of which
the court could take judicial knowi-
edge and about which it was not nee
cssary TO have oral proof to show tha.
Tie conditions here are such as to in
t:rfcrc with the dispensation of jus
lice.
The Objection OverrHlcd.
Judge Cantrill denied that the court /
house was under guard of soldiers, but |
sad they were in charge of the Jail
Ivy order of the county judge. He over
ruled the objection of Col. Nelson, AMI
three witnesses were heard on the
size of the prosecution in regard to
.c change of venue. Those who testi-
ned were City Judge W. {. IIerndon,
j. {. Noel and DR.. Estes. They gave
it rs their opinion that there is no
sentiment in the county hat would
prevent 4 fair trial.
The court adjourned at five o'cloc;:.
The hearing of proof on this question
will probably take up nos of the day
to aay.
Gov. Taylor Returns. L
Frankfort. Ky. May Gov. Taylor
returned TO the city last night, hav-
ing spent Sunday night and yesterday
in Louisville. comforting with political
friends. He declined to discuss til.
work of the grand jury. which was
4: lsiIv disch.roed Yesterday |