Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-08-08
A Subpoena Duces recum on State
Auditor Coulter Issued by
Judge Cantrill.
THE SALARY LIST TO BE LOOKED Up.
This is Done to Contradict the Testi-
mony of Ex.Auditor Stone, Charg-
ing Culton With Stealing.
Several witnesses Called Testified
to Scenes Before aud After the
AssnsslnntiOn of senator
william .Goebel.

Georgetown, Ky, Aug. S.-Ihe
prosecution in the Powers case Tues
day morning was granted subpoena
duces tecum on state auditor Ioui-
ter requiring him to bring his records
into court. This is done to contra
dict the testimony of eX-Auditor
Sam Stone who testified that he dis
charged w. II. Culton in December
and charged him with stealing $1,000.
The prosecution expects to show by
the record that Culton was paid his
salary in both December and Janl-
ary, and by other witnesses to prove
that since that date Stone recon-
mended Culton to various people as
being entirely trustworthy. The de-
fense asked and was granted forth
with attachment against b. E. Hogg,
Culton's brother-in-law and attorney
who had been subpoenaed but failed
to appear as Il witness.
". j. Lewis. of Frankfort, was the
first witness heard Tuesday. He said
that Goebel fell at least ten feet from
the spot marked by the prosecution
as the point where he fell.
Geo. l.. Barnes. who was a clerk
in the state auditors Office. gave
detailed account of the occurrences
on the state capital grounds on the
day of the shooting. He heard sew
eral persons say that the guilty par
ties were being concealed in the eX-
ecutive building, and ought to be
blown up.
Barnes said that after he went back
into the executive building he smelled
smoke which he supposed was the re
suit of the shots. He saw Whitaker
arrested by party of citizens. They
took several pistols from him. Prior
to the assassination witness saw
Marlin rifle in the vault at the audi
tors Office. 1t formerly belonged to
Henry Youtsey, but at the time of
the shooting it belonged to Grant
Roberts, who has since been ap
pointed a clerN in the census bureau
at Washington. Do not know where
! the rifle is now. Witness talked with
Roberts about the disappearance of
| the gun. but the court ruled that he
could not detail the conversation,
neither Powers nor 1outsey being
| present when the talk occurred.
John b. Hurst. of Corbin, testified
he was in Frankfort several times
in January. The last time he went
was with the mOuntaineers, January
18th. More than half of the men
were armed. He contradicted sew
eral of the statements of Robert
Noaks. Hurst declared that the men
mountain citizens, and closed by
stating that he himself had been
delegate TO the republican national
convention.
Did you see any of the alleged as
sassins of Gov. Goebel at that con
vention?' asked Attorney Golden.
The witness said he did not, but az
forwards said he saw ex-Gov. Taylor
there.
Were there any of the others who
were in that armed crowd that went
to Frankfort up there at the Philadel-
phia convention" said Mr.. Golden.
The witness said he did not see
any such persons there. Ex-Gov.
Brown objected to manner of exam
ination, and there was a hot ex-
change of words between him and
Golden.
Hurst admitted that he himself had
been indicted and tried for forgery
at Knoxville, Tenn. He was asked
concerning another alleged forgery at
Pneville, but the defense objected
and the jury was withdrawn during
the argument. Judge Tinsley, of tn
defense, contended that the affair in
question happened several years ago,
and should not in good morals be
brought up now. Mr.. Golden said
tlSat the prosecution wanted to prove
the fact for the purpose of affecting
The credibility of the witness. "Such
a crime" said Mr.. Golden, might
not affect his credibility as a dele
gate to the Philadelphia convention
or as one of the members of the in
timidatiOn army at Frankfort, but il
ought to be considered by this jury
before whom he is testifying." The
court allowed the question to be an
swered and the witness admitted that
he was charged with the crime, bui
that there was no prosecution.