Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-07-24
COURT AND COUNSEL spar.
II Powers Is Convicted, New TRIAL WIN b
Asked On Judges Actions.

Georgetown, KY, July 23.-Several
new and essential features were devel-
oped. today, in the trial of Caleb Pow
ers. charged with completely in the as
sassination Of Governor VIM. Goebel.
In addition to the testimony, which
was uniformly interesting, the session
was enlivened by sharp passage be-
tween the court and Former Governor
John Young Brown, senior counsel for
the defence.
In case Powers should be convicted
and given even light sentence. the
defence will move for new trial on
the ground that the statements of the
judge while engaged in the controver-
sy with Brown, were prejudicial to the
defendant.
Spectators were scarce when the
trial was resumed Of Caleb Powers,
charged with completely in the Goebel
shooting. The prosecution gave notice
that they would excuse a half dozen
persons summoned as witnesses for
that side. Among those excused was
Ike Golden, brother of Sergeant +.
Wharton Golden.
Lieutenant John Ricketts,, an officer
in the Barbourvile militia company. of
which John Powers was captain, was
the first witness. He went to Frank
fort, Jan. %, with the trainIoad of
mountaineers. The men were armed
with guns and pistols. Arrived at
Frankfort, they took possession of the
agricultural building and stacked their
guns there.
Witness said each morning a crowd
of from 300 to 900 mounted men occu
pied the yard in front of the Legisla-
tive building. He saw Youtsey fire.
quently and talked with him. The day
before the assassination. Youtsey said
Goebel had to be put out of the way
and he. Youtsey) had 800 which he
would give for the purpose and knew
10 or l. others who would also contri-
butte to such fund. Youtsey also said
Goebel could be killed from the Exccu-
tive building; that the assassin could
escape through the basement and
never be detected.
He said his job depended on Goebel
being killed. Fifteen minutes before
the assassination. witness said Yout-
sey told him he wanted % or 30 men
to accompany him to the Executive
building. Continuing the witness said:
''Youtsey put us inside the Executive
building near the stairs. He told us
something was going to happen and
we must remain there. When he
started through the hall / left and
went into private residence across
the street from the building. l had
been there a few minutes when /
heard the shots. / did not know any
of the men whom | left at the foot of
the stairs in the Executive building"
The men whom Youtsey placed were
just outside the office of the secretary
Of state. Witness said he left because
he did not want to be present in case
of killing
Cross-examined the witness said that
when Youtsey placed the men in the hall
he told them that as soon as something
happened a man would come down the
steps and go away with them. Witness
said when Youtsey left the room he went
In the direction OF the governors office.
r. f. Coombs. private secretary to APP
pellate Justice Hobson. told of a CONVEX
Sation between two mountaineers in the
House lobby day ,, or jfwo before the
picking them out, meaning the Demo-
Gratis.
During the REORGANIZATION of
Coombs. ex-Gov. Brown objected to tes-
fort armed. as the right to carry arms
was constitutional privilege. The court
said that the law does not permit crowds
of armed men not in the military service
and called out in the regular way to
gather for any purpose.
Brown filed an exception to the re-
marks of the court and repeated previ-
Gus statement as to what the defence en-
peCted to prove as to the purpose of the
mountaineer excursion.
Yes. interrupted Judge Cantrill 'and
the court objects and excerpts to the con-
tinued reiteration by counsel of things
which the court thinks is meant for spec
tators in the court room and not for the
court"
We object to that statement of the
court" came from several attorneys of
the defence. Both the court and Brown
showed irritation.
Assistant Adjutant General Murray
read a letter which he found on file in
his office al Frankfort. having been left
there at the time of the evacuation of
the Taylor troops. 1t was from Powers
to Adjutant General Collier. dated Jan.
%. in which Powers says: I'VE have I'M
dertaken serious matter. We must win.
We must have these me nand guns
W. p Reader of Knox county. testified
that he saw Charles Finley at the depot
AZ Barbourville on the evening of Jan. %.
when the crowd of mountaineers was be
ing made up to go to Frankfort Witness
killed. Finley replied with a gesture that
he would not be surprised.
Wade H. Watts. colored one of the
janitors in the adjutant's office. said that
on Saturday before the shooting. the day
of the Van Meter-Berry contest, Green
Golden. according to the witness. said
they should be prepared to stand off the
police and a sentinel was placed outside
to watch the gate. Representative Liley
came into the Office and one of the men
told him that signal shot was to be
fired in the House, that the Republican
members should not rise from their seats.
that the Democrats would rise up in the
excitement and that the men in the lob
bies would shoot them down.
Ex-Gov. Brown of the defence asked
that this part of the testimony be ex-
plunged on the ground that the identity
of the party said to have made the state
ment was not established. Witness said
he did not know the name of the man
talking but knew his face well and knew
that he was one of the mountain men
who arrived Jan. %.
The court ruled that the evidence was
competent.
On the day of the assassination, wit
ness said he was in the barber shop in
the basement of the executive building.
Immediately after the shooting witness
said Henri Youtsey ran into the base
ment coming from the steps leading up
to the secretary of states office. Yout-
sey was running and as he passed eX-
claimed: Great God what is that shoot
ing about" YOutsey did not stop but
ran on out of the room. He held his coat
as If he had some kind of an object con-
cealed under it. The shots sounded to
the witness as if they were fired from the
secretary of states Office.