Evening star., 1900-07-24
THE KENTUCKY CASE
PROCEEDINGS TO-DAY IN THE TRIAL
OF MR.. POWERS.
State OHcials Required to Produce I'm
pants Cipher Dispatches.

|
PANTS CIPHER Dispatches.
GEoReETowZ KY. July e.-rn the
Powers case today the prosecution was
granted a writ against managers of both
| telegraph ssfieeE at Frankfort requiring
them to Hang 20 court all cipher tele-
grams sent through their offices between
December %. 1879, and February 8. 1900.
Wrtts were also granted against both the
| secretary of state and the adjutant general.
requiring them to bring the executive
journal and other records.
Editor Mcdonald of Frankfort testified
that on January 30. few minutes prior to
the shooting. he saw w. H. Culton and an
other. whom he thought was State Inspect
or Lester standing at the point where Goe-
bel fell shortly afterward. On Saturday
prior to the assassination witness saw
man run down the steps from the iegisla-
tive hall and call to a crowd OF mountain
men men: GO and get your gun; IT'S time .i,,a tos
Berry republican) had just been unseated.
Witness did not know the man.
E. P. Thompson. jr., was standing on the
street nearly opposite the executive build
| ing when the shot was fired and saw Goebel
fall. The shots sounded as II they were
fired from the executive building or be-
tween the executive and legislative build
ings.
Frank Heeney Frankfort merchant.
whose store Is on Broadway opposite the
state house yard. heard the shots and ran
to his front door, and saw Goebels body
did not see either Jack Chfnn or Eph Lii-
lard.
R. H. Bergman Of Frankfort was the
last witness at the morning session. His
direct testimony did not elicit anything
new.
Tilt Between Court and Counsel.
The trial yesterday was enlivened by
decided tilt between Appellate Justice Hob
son and Ex-Governor John Young Brown of
counsel for defense during the cross-ex-
animation of R. E. Coombes, private secre-
tary to Judge Hobson, who had testified
70 conversation he had overheard In the
house lobby day or two before Goebels
assassination regarding the picking out
of democrats.
Ex-Governor Brown objected to the testi-
mony that mountaineers went to Frankfort
armed. as the right to carry arms was
constitutional privilege. The court took
issue on this point and said that the law
does not perm. crowds of armed men. not
in the military service and called out In the
regular way, to gather for any purpose.
Brown filed an exception to remarks of
the court and repeated previous state
ment as to what the defense expected to
prove as to the purpose of the organization
Of the mountaineer excursion. Yes. in
terrupted Judge Cantrell, "and the court
objects and excepts to the continued reiter-
alton by counsel of things which the court
thinks meant for spectators in the court
room and not for the court"
I'VE object to that statement of the
Both the court and counsel showed irrita-
ton.
other Testimony.
In concluding his testimony Lieutenant
Ricketts, was cross-examined. He said that
how yl1o To-, ~ l,on
he told them that soon as something
happened a man would come down the
steps and go away with them. Witness
said that when Youtsey left the men he
went in the direction Of the governors
office.
Assistant Adjutant General Murray read
letter which he found on file in his Office
at Frankfort having been left there at the
time of the evacuation of Taylor's troops.
1t was from Powers to Adjutant General
Collier. da{ed January %, in which Powers
says: we have undertaken a serious mat
ter. We must win. We must have these
men and guns.
Another, signed by John and Caleb Pow
ers. to General Collier. the same date,
said: You are acquainted with the fact
that Captain Hows is'a democrat. He has
them to US. The lieutenants are all right
Please notify Captain Hows to deliver the
keys to Lieutenant Gibson
A letter from D. w. Gray of the 1st
Regiment to General Collier, January IL
was read. in which the writer says:
referring to our conversation yesterday,
| do not think the telegram agreed upon
by us will be sufficient order. / suggest
that you see Governor Taylor and get or
ders now, SO that when the time of action
arrives the telegram will then be sufficient"
telegraphic code and key found in the
adjutant generals office was also read
Knew GOebeI Would BE Killed,
w. P Reader of Knox county testified
that he saw Charles Finley at the depot at
Barbourville on the evening of January 3d.
when the crowd Of mountaineers was being
made up to go to Frankfort. Witness
asked Finley If Goebel would not be killed.
Finley replied with gesture that he would
not be surprised. Witness asked how SOON
he would be killed. and Finley replied that
1t would possibly happen In less than five
days. Witness had prepared to 20 to
frankfort E with the crowd. but Finley COM
manded him to remain at home. Witness
said the conversation with Finley took
place In the presence of Wharton Golden.
wade II. watts, colored. one Of the jani-
tors In the adjutant's office said that on the
Saturday before the shooting the dav of
the Van Meter-Berry contest, Green Golden
Lieut.. Ricketts, and others were in the
building. and one of them said there was
likely to be fight any minute Green Cold
en-. according to the witness, said they
should be prepared to stand off the police
and sentinel was placed outside to watch
the gate.
Representative Lilly came into the office
and one of the men told him that a signal
shot to be fired in the house; that the
republican members should not arise from
their seats; that the democrats would rise
up in the excitement, and that the men in
the lobbes would shoot them down.
Ex-Gov. Brown of the defense asked that
this part Of the testimony be expunged on
the ground that the identity of the party
said to have made the statement was not
established. Witness said he did not know
the name of the man talking but he knew
his face well. and knew that he was one
Of the mountain men who arrived January
25
The court ruled that the evidence was
competent.
On the day of the assassination witness
said he was in the barbershop in the ba Sc
ment of the executive building Immediate
ly after the shooting, witness said, Henry
Youtsey into the basement, coming
from the steps leading up to the secretary