The true Democrat., 1900-05-05

| 49, NA0 muEOoE VI WLIl8u
doebel' were arraigned Monday after.
noon before Judge Cantrill. They were
Republican Secretary Of State Caleb
Powers, Capt John W. Davis, Harland
WHITAKER, w. q. Culton and Richard
Combs colored. All Of them entered
pleas Of not guilty.
Henry q. Youtsey, who had bssn
previously arraigned and plead not
guilty, was also In court and his attor.
ney asked for change Of venue
The prosecution waived notice and
allowed the motion to come up along
with q similar motion filed In the
cases of Powers, Davis, Whitaker
and Combs. The defendants were rep.
resented by ex.Gov. John Young
Brown, Judge J. G. Sims, R. W.
Nelson, L, K. Crawford, R. q. Kin.
kesd, Wood Dunlop, John ". Rod.
man. Gen. D. W. Lindsay, Il. q.
Hogg and W. r. Ramsay.
The prosecution was represented by
Commonwealth Attorney r. B.
Franklin, Col. T. G. Campbell, Judge
B. g. Williams and others. The court
room was crowded to suffocatlon when
the prisoners were brought into court.
Ex'Gov. Brown insisted that the mo-
tlon for q change be passed upon before
the arraignment Of ..the prisoners, but
the court overruled the motion Sson the
ground shat the defendants were not
technically before the court until after
the arraignmsnt. To this ruling the
defense saved an exception, After the
arraignment ex.Gov. Brown, for the
defense, rendered pardons granted by
Republican Governor Taylor to Caleb
Powers and John Davis and offered
them as bar to the prosecution. In
presenting the pardons Gov. Brown
said.
"We present these pardons, issued
BY the governor Of Kentucky, and lead
them as q bar to further prosecution.
We make q formal demand for dismis.
sal OF the indictments We do this as
9 matter OF form, not with the hope
that the court will sustain the mo-
tion."
Judge Cantrill said:
''The altered pardons are not good
in law. The title to the Office Of
goVernoE is in dispute and the litiga-
tion over 1t Is still pending in the
courts. Several of the courts have
passed upon the questions at issue
and those that have 30 passed thereon
decided that Mr.. Taylor Is not governor
and was not at the time these pretend
cd psrdons were granted. The motion
to dismiss the indictments is over.
ruled"
The petitions for changes Of venue
were then made. The prosecution en-
tered an objection and filed counter
aff1davits. Both sides presented q
lengthy list Of witnesses to give testl.
mony as TO the state Of feeling and the
question as 10 whether fair trial can
be obtained here.
Col. r. W. Nelson Of the defense,
made lengthy argument objecting to
the introduction Of proof on a change
Of venue. His statement, he said, was
personal and bis reasons for expecting
.a,change Of venue for the defendants
without hearing proof, were that the
court house here was in charge Of arm.
cd soldiery who recognized one Of the
contending parties to the political con.
sroversy. And that there were other
evidences Of local excitement Of which
the court could take judicial knowl-
edge and about which it was necessary
to have oral proof to show that the
conditions here are such as TO interfere
with the dispensation OF justice. =
Judge Cantrill denied that the
court house was under guard Of the
soldiers but said they were in charge
of the judiciary by order Of the
county Judge. He oVerruled the OBJ
lection Of Col. Nelson and three wit
nesses were heard on the side Of the
prosecution in regard to the change
Of venue. They gave it as their opln-
ion that there is no sentiment in the
county that would prevent a fair
trial.
The trial is to bs continued during
the week, -
W. W. Mayhem, Merton, Wis.,, says,