The age-herald., 1900-10-16

were in the hall, and I unlocked the door and let them in and gave them the cart ridges
 Howard Was Given the Cartridge
 ''I again interrupted and asked Youtsey as to whom he had given the cartridges. l said; That is one question that 1 wanted to ask you, Mir Youtsey and he said: I gave them to Jim Howard He was the last man who went in the door.
 T said: How many did you give him? and he said: gave him the whole box. said; MT. Youtsey, who fired the shot? and he said: I cannot tell; l did not see him. l said: What did you do when you let him in? He said: I stayed near the door, said: You gave the cartridges to Jim Howard?' He said Yes sir Where did you get the cartridges? You told MT Campbell you got them in Cincinnati He said: I got them from Powell x Clement on Main street, in Cincinnati. 1 said: Did you go and buy them, or did you write? He said: On the 22nd of January l wrote them and told them to send a box of 3S-55 smokeless steel cartridges, Winch sters.' He put the word Winchester last, and I said: Was the shot with a Winchester rifieY He said: The cartridges fit either Winchester or Marlin l said: How much did you esnd them? He said I sent them postofice order for a dollar
 MT. Ioutsey then stopped, and l said to
 
 cnel Campbell and told that Monday morning you went to Governor Taylor and told him that Dick Combs was ready to do the shooting, and Taylor objected, and now you tell me on Tuesday morning you let Dick Comts into the office. How is thatg
 "Youtsey hesitated, and then finally said: Well, those were the three men 1 let in.' l looked at him and said: They say also that Harry Howard was in the left hand lobby of the Legislature, and you say you let him in that room?' Youtsey said: Those are the three men l left in there.'
 Overruled Motion for Continuance
 When court convened, Nelson, for the defense, said the physicians reported Yout- sey's condition unchanged and asked for further postponement
 Franklin, of the Commonwealth, objected and said If the accused was always sick when the trial was on and we'll between times, there never would be a trial
 Judge Cantrill overruled the motion for continuance and said that all the rights of the defendant were preserved under the law.
 Colonel Crawford asked that the physi- clans be allowed to testify to the condition of the defehdant.
 On the motion Dr. Carrick said Youtsey was weaker and no better. While Dr. Knox was testifying the door of Youtseys room opened and he could be heard grooming and sobbng hystercally.
 Judge Cantrill said he had no discretion in the matter and that the trial must pro- ceed. The commonwealth was given till 2 o'clock to say whether 1t would object to allowing the Youtsey jury In the room dur ing the trial.
 On converting in the afternoon the court said it had no discretion in the matter and unless counsel would agree he would rule that Youtsey must be present in court. No agreement could be arrived at, and at 2:30 o'clock Youtsey was brought to the door of the jury room his bed and the door left open.
 The defense asked that James Howard be brought from the jail in Frankfort to tes- tify al 9 o clock Wednesday morning on be- half of Youtsey.
 Wharton Golden testified that he saw John L. Powers give Youtsey key on Jan uary 29, and Powers said 1t was a key to Caleb Powers office.
 w H. Culton testified that Youtsey told him of the plan to kill Goebel and escape through the basement: that Youtsey asked him to swear after the shooting that he (Youtsey) was in the legislative hall when the shot was fred; that Youtsey told him that Governor Taylor had been urging him to leave the state, and Culton said he told Taylor about 1t, and Taylor told Youtsey to deny any such thing in the future and to deny all knowledge of the shooting.
 The defense sought to prevent Culton from testifying because his statements had been contradicted by the states witnesses on