The Washington weekly post. (Washington, D.C.) 1878-1916, 1900-07-31

Georgetown. KY, July So--Ex-Secretary
| OF state Caleb Powers took the stand in
his own behalf today but did nos com
plete his testimony on direct eXamina-
ton He probably will be on the stand
| all day tomorrow.
Power admitted that ne organized the
body Of mountaineers who went to Frank
fort on several occasions last winter, but
| declared this was done for influence with
| the State contest board and the legis-
! lature, not for the purpose Of intimida-
ton. The defendant entered a denial OF
| the charges made against him by CoUlton.
| Golden. N0akes and other witnesses. He
| denied that Henry Youtsey had the keys
| 10 hireffice on the day of the assassina-
| ton, but said there were two keys TO the
| Office. one Of which was in the possession
| Of former Assistant Secretary Of state
| W. J. Davidson and another in posses
sion OF Ben Rowe. Gov. TaylOr's colored
| porter. Powers says neither Of these keys
! was ever in his possession and that he
| had his own key in mis- pocket in Louis
| Vile the day of the assassination.
| Davidson is supposed to be in the State
| OF Washington and Rowe. the cOl0Ted
| porter, is said to be at Anderson. Ind.
| When the trial was resumed to-day the
| defense opened its side Of the case with
a motion for peremptOry instructions for
a verdict OF acQuittal. The motion was
| submitted without argument and was
promptly oyerruled by the court.
Theory of the Defense.
| Attorney Faulkner stated the case for
the defense. He said the defense will
show that the contests over the State
| offices were not tried on judicial lines,
| but on a partisan basis, and that politics
was responsible for the present prOsecu-
| tons. He inumated that the prosecution
knows the identity of the assassin, but
| has concealed him. 1t will be admitted.
| he said, that Caleb Powers and Charles
| Finley organized and brought to Frank
| fort the crowd Of mountain men who ar
rived there January .. but that this was
| only to petition the legislature and not
| TO intimidate that branch. He declared
| that the men who composed the mountain
| army were not had characters, as charged
| by the other side. and he charged also
| that the Democrats had large bodies of
men in Frankfort to back up the con-
| testants.
He said Powers had in his pocket al the
| time of the killing the. keys to his office,
which the prosecution alleges had been
given to YOutsey; that Powers never even
conferred with YOutsey. Berry Howard
Jim Howard. Green Golden, or Dick
Combs, and that Jim Howard was not on
the Capitol grounds until after the kill
ing. 1t would be proved, he claimed, that
Weaver, one of the main witnesses for
the prosecution, was never in Frankfort
tuntil yesterday; that Findlay Anderson
Do NnaIya. Testified
and w. H. Culton in the hope of obtain
ing immunity from prosecution, and that
| Wharton Goden's evidence will be sue
Cessfully contradicted.
The defendant, Caleb Powers, took the
witness stand. He declared he never
knew jim Howard Hariand Whitaker
or Richard Combs, three of the defend
ants, prior 10 the assassination. He had
only known NOutsey since January l.
scheme of the Mountaineers.
In regard to the bringing of the noun
taineers to Frankfort, witness said:
There were three crowds of men
brought to Frankfort, and l had some
thing to do with the organization of each
The purpose was TO show the interest of
these people in the matters at issue at
that time. and not TO intimidate either the
State election board or the legislature.
lence and, so far as l know, none was
committed by them"
Powers continued: 1.-THE last crowd of
men were brought for a double purpose.
We expected to use them as witnesses be- |
fore the contest board, and also 10 show
by their presence the interest they felt
in the contests. We also heard rumOrs
that we were TO be fOrcibly elected from
the offices. These rumOrs, l based on
newspaper reports, and We intended to re-
sist violence"
Witness said he had received inforna- |
ton that Mr.. Hill, the contestant for sec
rotary Of state, would not wait until the |
contests were settled in court, but would |
try TO take fOrCible possession soon as the |
contest board acted. III trat sort Of thing |
had been attempted" he said. I'VE in |
tended 10 hold the offices. ] had a confer |
ence with Gov Taylor, and he advised the |
bringing of a large body Of men TO show |
their interest in political affairs He also |
advised that they be brought armed, and |
promised TO pay the expenses. / acted on (
this The plans were kept secret to pre-
vent dropping Us through a bridge or de- |
railing our train. / told those in the con- !
ference that the utmost secrecy must be /
observed in getting them there before the |
news got OUT
The defendant read to the Jury receipts |
from various parties, which he said We're /
for money paid by him for board for some /
Of the mol ntain men brought by him 10 /
the State capital. He then told Of the 4
BarGOurville conference, at which Finley,
Powers, and others discussed the arrange |
menIs with John A Black, who strongly /
opposed the movement.
Would Maintain Discipline.
The witness said he assured Black that
he and Finley would use their best en-
deavors TO keep the crowd from degener-
ating into a mob. but denied that he told |
Black he was going to organize a mob.
He said he had no recollection Of having
said in the presence Of ". II. Culton that
the legislature would be given thirty min
utes TO act, and IL il did not do IL in that
time they would kill the Democratic leg
islators.
In regard to sending the men home from
Frankfort, the evening Of January q.
about which witness NOakes testified last
week. and told OF d breach between the
witness and Gov. Taylor. Powers said.
Il heard that they were going TO send
the men home. and / opposed II, as he
men had been up an the night before I
went 10 see Gov. Taylor. he told me Il |
mad been decided 10 send them home ~ |
their presence was having bad ofecs |
Some Of the anti-COebeI Democrats In the
had strongly disapproved OF |
bringing the men armed, and had threat |
ened 10 desert Gov Taylor IN the contest
The witness told Of 2 conference at the
home Of Postmaster +. Clay EIEIn. al |
Lexington. In which the witness and ofh-I
ers participated This was the day az
Ter Representative Berry was unseatpd |
Those in the conference decided that the
vote had not been properly taken. and |
that Berry should refuse 10 give ID his
seat Gov. Taylor was told OF the plan |
but dlsapprOyed OF II. and Berry made no |
attempt 70 hold the seat He did not |
give iDufC1E a kew. or keVg nor did ha |
have a conversation with John Powers !
and Golden in reference % GO@bei being
killed b. ''TallOW Dick' Combs. He ala |
meet YOutsey in the hail OF the legislative
building. and YOutsey asked him 10 let
him into the Office.
Refused NOBtsey's Request.
Witness did not know why YOutsey
70 get In there, but witness did
not want him IN there. Witness had his |
keys in his pocket Previous % his oc-
zupancy o. the office, there were three |
e. - -a-E4-L Il