New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-07-31
POWERS IN HIS DEFENCE.
HE EXPLAINS HIS SHARE IN THE PRO
CEFDINGS BEFORE THE GOEBEL
MURDER AT KENTUCKY'S
CAPITAL


rect examination. He probably viii be on the stand
all day tomorrow. Powers admitted that he or
ganized the body Of mountaneers who went 10
Frankfort on several occasions last winter. but
declared this was done for influence with the State
Contest Board and the Jegisature-not for the
purpose OF intimidation. The defendant entered a
denial Of the charges made against him by Culton,
Golden Noakes and other witnesses.
He denied that Henry Youtsey had the keys TO
his office on the day Of the assassination but said
there were two keys TO the office, one Of which was
in the possession Of the former Assistant secretary
OF state ". J. Davidson and another in posses
sion OF Ben" Rowe. Governor Taylor's colored
porter Powers sazp esther OF these keys was
ever in his possession. and chat he had MS own
kew IN his pocket in Louisville the day OF the
assassination.
Davidson is supposed 10 be in the State OF Wash
ington and Rowe, the colored porter. is said to be
at Anderson Ind.
The defence opened its side OF the case with
motion for peremptory instructions for verdict Of
acquittal. The motion was submitted without ar
gument and promptly overruled by the Court
Mr. Faulkner stated the case for the defence He
eaid the defence would show that the contests over
the State offices not tried on judicial lines
but on a partisan basis. and that politics was re-
sponsbIe for the present prosecutions. He init
mated that the prosecution knows the identity of
the assassin. but has concealed him It would be
admitted. he said that Caleb Powers and Charles
Finley organized and brought to Frankfort then
crowd OF mountain men, who arrived there on jan
uary 25 but that this was only to petition the
Legislature, and not TO intmidate that body He
declared that the men who composed the mountain
army were not bad characters charged by the
Uther side, and he charged also that the Democrats
had large bodies OF men IN Frankfort TO back up
the contestants.
He said Powers had in his pocket at the time of
the killing the keys his Office, which the prosecu-
ton alleges had been given Youtsey; that Powers
never even conferred with Youtsey. Berry Howard.
Jim Howard Green. Golden or Dick Combs
and that Jim Howard was the Capitol
grounds until after the killing It would be proved
he asserted that Weaver one Of the main witnesses
tor the prosecution. never in Frankfort until
recently; that Finley Anderson and Robert Noakes
testified for money. and W H CuIton in the hope
OF obtaining immunity from prosecution, and that
Wharton Golden's evidence would be successfully
contradicted.
POWERS BEGINS HIS EVIDENCE
The defendant. Caleb Powers. first took the wit
Tess stand. He declared he never knew Jim"
Howard, Harland Whitaker Richard Combs,
three OF the defendants, prior to the assassination
He had only known Youtsey since January l. In
regard 10 the bringing OF the mountaineers TO
Frankfort the witness said:
There were three crowds of men brought to-
Frankfort, and had something 70 do with the or
iaieresf Of these people in the matters at issue at
that time; and not 70 intinidate either the State
men 10 90 no acts Of violence, and, so far as I
know, none were committed by them
Powers continued:
The last Fo~ s Of TO De Gse fRa as for w 6egSs
before the Contest Board and also to show by their
siecred from the oices These rurnors We're based
on newspaper reports, and we intended TO resist
violence
Mr.. Bradley. of counsel for the prosecution OBJ
5ected this statement. and asked that II be ex-
GUIDED oD the grourd that newspaper reports could
not be given in evidence The Court ruled that it
vas incompetent for the witness TO detail news
paper reports OF tell Of apprehensions which he
based common runnor.
Witness said he had received information that
MI Hill the contestant for Secretary Of State.
would not wait until the contests were settled in
court but would try take forcible possession as
the Contest Board acted. IF that sort OF
thing had been attempted" he said. we intended
10 hold tbe Offices I had a conference with Gov
ernor Taylor. and he advised the bringing Of a
large body Of show their interest in political
affairs. He also advised that they be brought
armed and promised TO pay the expenses. ] acted
this. The plans were kept secret to prevent
dropping Us through bridge or derailing our train
I told those in the conference that the utmost
crecy must be observed IN getting them there be
fore the news got out"
At The afternoon session the defendant resumed
the stand. He read the jury receipts from
various persons which he said for money
paid by him for board for some of the mountain
men brought by him to the State capital He then
told Of the Barbourvfle conference. at which Fin
ley. Powers and others discussed the arrangements
with John A Black. who strongly opposed the
movement. The witness said he assured Black that
he and Finley would use their best endeavors 10
keep the crowd from degenerating into mob but
denied that he told Black he going 70 organize
z mob
NOTHING DONE TO LEGISLATURE.
He said he had no recollection Of having said in
the presence OF ". H. Culton that the Legislature
would have thirty minutes in which act, and
If il did not do II in that time they would Kill the
Democratic legislators. Afterward he said posi-
tively that such remark made and added:
1.-The men came and nothing Of the was done
We could have cleaned them up as Culton put IT,
# we had desired
II regard 70 sending the home from Frank
Noskes teslifed I5st week and toid IF b%la C1
between the witness and Governor Taylor Powers
said. 7 heard that they were going send the
men home and ] opposed #. as the men had been
IN nil before. 7 went Gov
e+ncr Taylor He tod II had been de-
vas haSing bad effect Some Of the antilGoebei
Democrats in the Legislature had strongly disap-
proved Of bringing the armed, mad threat
ened 10 desert Governor Taylor in the contest un-
less he sent the men home
Inc witness 700 Of p conference at the nome Of
Postmaster T Clay Elkin. at Lexington. in which
day after Representative Berry was unseated Those
II the conference decided that the had been
give up his seat Governor TAYLOR was told Of
the plan. but dsapproved II. and Berry made no at
witness said he intended to 60 TO Louisville 10 make
arrangements for transportation Of some of the
IFe did not give YoUtsey a key or keys nor did
Ee have conversation With John Powers and
'JsloW Dick Combs. He did meet Youtsey in
the hail Of the Legislative building, and Youtsey
asked him TO let him into the Office. Witness did
but witness aid not want him in there witness
Fs6 lis keys in his pocket. Previous 10 his occI-
psncy OF The office there were three keys 20 the
eoor- only one Of which was turned over 10 him.
" J. Davidson was said 10 have had Of these
keys and negro porter TO have had the other
n Flnleys lncumbency Of the office. but the wit
ness never mac more man one KEY