The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-08-11
Prosecution Puts GOlden's Preacher
Cousin CD the stand as n Wit
ness i'm RebuttaI.
LARGE AMOUNT OF PERJURY
BOTH SIDES All TO HAVE DEALT
MUCH In FALSEHOOD.
A Hung Jury Believed to BE the Prob
able Observation-Disclosures Given
on the Last Day.


Tense in the case of Caleb Powers, ex-
secretary of state, charged with being an
accessory before the fact in the Goebel
assassination, rested the testimony for that
side at 2 o'clock this afternoon.
The prosecution introduced several wit
resses in rebuttal this afternoon. and ex-
poets TO conclude tomorrow, but this Is
not certain. The jury will be taken to
Frankfort either Monday or Tuesday, to
view the scene of the tragedy. The jury.
when 1t comes to consider the evidence.
will have to decide. not the question of
which side has dealt in perjury. but which
side has been burdened with the largest
amount of that product, 1t being concluded
that perjury has been INDUCED in in large
quantities by somebody for the last few
days. during which contradiction and i'm
parchment was the leading feature, and
which will possibly keep up till the close of
the trial.
Ex-Governor Brown, leading counsel for
the defense, said tonight that, in his
opinion, the State had utterly failed TO
make out a case against Powers. and that
the jury would be compelled to bring in a
verdict of acquittal. There are few who
SAAS tLS tAAa IN SSoA$
but a majority of the people anticipate a
hung jury. The lawyers for the defense in
sist that they are entitled to a verdict of
acquittal, but do not anticipate the jury's
verdict by giving out such a statement.
Mrs. John Davis, the wife of one of the
defendants charged with being an acces-
sorry to the Goebel assassination, was the
first witness introduced by the defense to-
day. Commemorative Attorney Franklin
interposed a formal objection to the eligi-
bility of the witness, but the court ruled
that she was a competent witness. Powers
boarded at her house. John overs also
was there jar. Is. She testified that the
latter was i'll I'm his room at her house that
day and did not leave his room after II
o'clock. This was in contradiction of the
testimony of Robert Noaks, who told Of an
alleged conversation with John Powers at
the Statehouse, in which, he said. the lat
ter told him ito stay close to the building,
as something was going to happen as soon
as Goebel and those fellows came down."
CERTIFICATES OF CHARACTER.
Solomon Wilder, of Whitley county. tes-
titled that Robert Noaks 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 assassination con-
spiracy. Noaks further said he believed
Caleb Powers was innocent. He said the
members of the Noaks military company
at Corbin. instead Of being desperadoes, as
Noaks had alleged, were mostly good men.
On c-ross-examination 1t developed that
Wilder went to Frankfort in December
with Noaks and the other armed mountain
men at the time of the meeting of the state
election commissioners. Noaks gave him
and the other men their transportation.
Witness did not go to Frankfort with the
two trainloads of mountaineers In which
Noaks and his company went Jan. Is, but
heard them when they returned. They
were drunk and firing their gums pro-
miscuously. Mr.. Golden picked out of the
muster roll of Noaks's 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 had testi-
fed that John l.. Jones, of the Noaks mil
itary company, was a man of good char
acter. On cross-examination he said Jones
had twice been convicted of murder and
sentenced in each case to life imprison-
nent. but was pardoned.
| The defense then asked to be allowed to
offer as evidence the act of the LEGISLATURE
appropriating 800, 900 for the purpose of
aiding in the search for and prosecution
of the assassin or assassins of William
Goebel. The prosecution offered no objec-
ton and the act was made a part of the
testimony.
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 it. but the latter
xrOtr11 0rlr zn,- f~. fh.w
settle it. Witness said to Youtsey: II
am not that kind of a man. and refused
to confer further with Youtsey about IL.
On cross-examination a letter written by
Day to Secretary of State Hill was pro-
duced. The defense objected to il being
introduced, and the jury was excluded dur
ing argument over ii. In the letter Day
states, II will make a good witness for
the commonwealth, and / want you to go
to see Prosecuting Attorney franklin and
tell him want to go on the stand and
tell all 1 know about the case"
The letter expresses the opinion that
Youtsey is the guilty party. The court
admitted the letter as evidence. After
the reading of the letters, Day also told
of seeing Youtsey in the Governors re-
ception room STOPPING by a window and
with a gun in his hands. This occurred the
day of the Vanmeter-Berry contest. and
had previously been testified to by the de-
| PENDANT and by Mckenzie, Todd and Others.
| The defense rested.
The defense offered to file an affidavit
of the defendant as to what Judge w. III
Yost would testify to IL he were present
The court ruled that the compulsory pro.
| cesses of the court not having been called
into use to enforce the attendance of Judge
Yost as a witness the affidavit could not
be read.
STAMPER CALLED BY STATE.
The Rev. John Stamper, who testified
for the defense several days ago. was the
first witness called by the prosecution in
4 t
of laying the foundation for a contradic-
ton. He denied that he told several people.
several days after the confession of his
brother-in-law. Wharton Golden. that he
he did not want him TO fall in the hands
Of the other side as they might do him
harm. He admitted that on the occasion
| referred to, he accompanied Golden and
the other parties to Frankfort and that he
borrowed a pistol from Chief of Police
Lusby. a question by Mr.. Bradley as Ia
whether the witness had not at times said
he was very much in sympathy with the
prosecution was objected 10 by the defense,
and the jury was again withdrawn. Mr.,
Bradley said the purpose Of the question
was to show the interest of the witress i'm
the subject matter and subsequently, 10
| show that the witness had changed his
sympathies TO the defense, since he had re-
ceiyed money from representatives of that
side. The proof, he said, showed that
Stamper had been playing fast and loose
with both sides and the question was as to
his credibiiity.
The court decided that the question wa.
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