The age-herald., 1900-07-20
Told of Preparation to Bring the Mountaineers to Frankfort.
POWERS GAVE OUT BADGES
For the Mountain Men Who Remained at the Capital City-Damaging Testimony Against Ex-
 Gov Taylor

case was started off with a long debate be- fore the court the question of the ad- instability of matters transpiring between the date of the shooting of Senator Goebel and his death. The point was raised by a question put by the prosecution to Wit ness Culton regarding a conversation be- tween him and Youtsey before Goebel died. The court ruled that this evidence must be excluded.
 Culton resumed the stand today. In re- gard to the preparation for bringing the big crowd of mountaineers to Frankfort witness said Powers told in confidence that l in the event of trouble growing out of the importation of the men the leaders would be indicted for conspiracy and asked if they were willing to take the risk. In the discussion of transportation wit ness said Henry Paynter, a Middleboro railroad lawyer, suggested that trains be captured on several roads,
 Coulton said he boarded the mountain eer excursion at Richmond He said Charles Finley had asked him to go there and come down with the men, as Powers was hot-headed. He was told to tell the men to announce upon their arrival that they had come only to petition the Legis- lature.
 After the assassination Powers came to witness and told him to write to the parties who were in conference and tell them they had better be very careful and do no talk ing, as they were liable to be connected with the murder
 Witness told him it would be dangerous to write and Powers said he would do 1t him. self The prosecution produced a box of cartridges for witness to inspect. He said the cartridges were like those Youtsey showed him when talking about Goebel.
 Powers Gave Badges
 Powers gave witness badges for the mountain men who remained at Frankfort. They were issued so that in case of trouble they could distinguish their men from others. The badges contained a picture of Governor Taylor Witness said that while in jail with Powers at Frankfort, Powers begged him not to go on the witness stand in the hearing of his (Culton's) motion for bail. Witness told Powers he wanted to get bail, as his family needed him.
 Powers told him he would see to it that his family were provided for if witness would agree not to go on the stand. Wit ness declined to do so.
 ls 1t not true that you used over S1 900 belonging to the funds in your charge while clerk in the Auditors office, and that Auditor Stone was compelled to make your shortage good?" asked Mr. Owens of the defense on cross-examina tion
 Tt IS not true. was not short in any amount and Auditor Stone did not have to pay anything on my account. There was question about the legality of some claims allowed in my department
 Culton was asked if he had been indicted TOT forgery in Jackson county. He an- sWered that he was indicted for the techni- cal oHense of signing another mans name to petition for the building of a new court house.
 Witness wos o,Ixas
 Coionel campbell and others of the prose- cutlon. He denied that he had been prom lsed Immunity. He admitted that he did not tell MT. Campbell the truth when he said he had told all that he knew, but as a matter of fact he told just such as he was forced to tell
 Witness said that In becoming a witness In the Powers case now on trial and tell ing all he knows he is following the ad- wee Of his father. MT. Owens asked how It happened that witness, although in jail al frankfort, is here merely under guard Culton said the commonwealth consented that he might remain under guard.
 Ihe colloquy between the attorneys be- came spirited. The defense was attempt- ing to show an intimacy between Culton ana the prosecution and that dscrimina- tion was being made between Culton and the other defendants. The court said that the custody of Culton was wholly a mat ter with the sheriff, but the defense might SHoW lIe eHecC Sucn treatment had the testimony of the witness, if any effect at all.
 Jones Heard the Shots
 MT. Owens asked a number of questions to show that the testimony given by Gull ton on the stand today and yesterday was at variance on some points with that given in his application for bail at Frank fort. Witness said he had omitted some things in his testimony, but that he did n Cn int tinn nal lIxy T been refreshed by the questioning of the lawyers, and this recalled the additional matter he had told.
 Jones was in the executive building when the shooting occurred. The shots sounded to him as though they came from the Sec retary of States office. He said that inn mediately after the shooting Governor Tay- Tor opened his door and inquired what the shooting was about. Just at that time somebody said that Goebel had been killed Taylor went back and got his pistol He did not have it when he first opened the door.
 Prior to the shooting witness was in Governor Taylor's office. The Governor asked why he not in the house lobby. Witness replied that he did not want to go up there, as he was not armed The Governor asked why in the hell he had come there without arms, and said I had as we'll go home.
 Arrested After Shooting
 After the shooting Jones was arrested as a suspect, but was released, the grand jury failing to indict.
 George H. Fetter of a Louisville printing house told of of printing badges on Caleb Powers order. The badges were those worn by the mountaineers at Frankfort Fetter was entering the State House yard when Goebel was shot. He could not tell where the first shot was fired from, but was positive the subsequent shots were fired inside the main hallway of the ex- ecutive building He was asked if he had seen the point in the State House yard marked as the place where Goebel fell and whether in his opinion it correctly marks the spot. Witness said he thought 1t in correct, and pointed out on a diagram the spot where he thought Mir. Goebel fell. Goe- bel had passed the fountain possibly ten feet, but when he was hit he fell backward several feet