The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-10
A BAD LOT.
Testimony Showing Character
of Kentucky Mountaineers.

Georgetown, KY, Aug. 1O.--Mrs. John
Davis, the wife of one of the defendants
charged with being an accessory to the
Goebel assassination. was the first wit
ness introduced by the defense in the
Powers trial today. Commonwealth
Attorney Franklin objected to the eligi-
bility of the witness. but the court ruled
that she was a competent witness. Pow
ers boarded at her house. John Powers
was also there January 25. She testi-
fed that the latter was i'll in his room
at her house that day and did not leave
his room after II o'clock that day. This
was in contradiction OF the testimony
of Robert Noakes who told of an alleged
conversation with John Powers at the
state house in which he said the latter
told him Ito stay close to the building
as something was going to happen as
soon as Goebel and those fellows came
down.
solomon Wilder of Whitley county
testified that Robert Noakes was at
Corbin in March and asked him not to
tell anybody he was in town, as he
might be arrested in connection with
the ASA ssination conspiracy.
On cross examination it developed
that Wilder went to Frankfort in De-
cember with Noalzes and the other arm
ed mountain men at the time OF the
meeting of the state election commits
sioners. Noakes gave him and the other
men their transportation He did not go
mountaineers in which Noakes and his
company went January 20, but heard
them when they returned. Witness said
they We're drunk and firing their guns
prorniseuously. Golden picked out of
the muster roll of Noakes company the
names of a number of members OF the
company. Witness told of various crimes
for which they had been tried, murder
being the charge in several instances.
on direct examination Wilder testified
that John L. Jones. of the Noakes COM
= H. ~,
pany, was a man OF good character. On
REORGANIZATION he said Jones had
twice been convicted of murder and
sentenced in each case to life imprison-
ment, but was pardoned.
The defense then asked to be allowed
to offer as evidence the act of the legiS-
lature appropriating 100000 for the
purpose of aiding in the search for and
prosecution of the assassin or assaSs1ns
of William Goebel. The prosecution Of
fered no objection and the act was made
a part of the tetimOny.
Walter Day, former Republican state
treasurer, testified that Youtsey sent for
him the day before the shooting. He
went to see YOutsey and the latter told
him that for $500 he would settle the
contest. Witness pressed Youtsey to
know how he would accomplish it, but
the latter would only say for that
amount he would settle it. Witness said
to Youtsey: u am not that kind of
man. and refused to confer further with
YOutsey about it.
On cross-examination, a letter written
by Day to Secretary of state Hill was
produced. The defense objected to it
being introduced and the jury was ex-
cluded during argument. In the letter
Day states. II will make a good witness
for the commonwealth and L want you
to go to see Prosecuting Attorney
Franklin and tell him 1 want to be on
the stand and tell what l know about
the case The letter Expresses the
opinion that Youtsey was the guilty
party.
The court admitted the letter as evil
dence.