The age-herald., 1900-08-07
Negro Lawyer Explains the
 Combs Confession.
THE AMOUNT WASN'TSTATED
Other Than This He Says Combs Made All Statements Attributed to Him Judge Said Inyestiga-
 ton Was Unnecessary

week of the trial of ex-Secretary of State Caleb Powers for alleged complicity in the assassination of Governor William Goebel was entered upon today. The testimony heard in the court room was not sensation al and threw no light the tragedy. R. c. O. Benjamin, the negro attorney who represents "Tallow Dick Combs, the l negro defendant, approached Judge Cantrll and asked to be allowed to make a motion at the regular motion hour tomorrow to have investigation of his conduct in the matter of the confession of Combs In which he had been charged with betraying secrets of the prosecution.
 Judge Cantrill said that an investigation would not be necessary. Benjamin then gave out an interview in which he says that the Combs confession was made in the presence of himself, Commonwealth's Att torney Franklin and Victor H. Bradley of the prosecution and that Combs made all of the statements attributed to him except as to the amount the secretary is alleged to have offered Hockersmith to kill Goebel. He says Combs did not say 1,200. Benja- min also produced letter from his client, Combs. in which the latter expresses the | utmost confidence in him. Combs nephew is here tonight and says he has made a vain search to find Hockersmith, and thinks he is either in New Orleans or San Fran cisco. Benjamin further says he concluded it was due his client to tell all he knows as long ds he could not find Hockersmith, who told Combs all that the latter knows about the assassination.
 Captain B. B. Golden and other represen- tatives of the prosecution conferred with Green Golden, one of the alleged access sories in jail at Frankfort, yesterday and there is possibility that the latter may be introduced a witness in rebuttal to contradict the testimony of the defendant himself
 Captain D. B. Walcott, who had charge of the Frankfort militia, said on the stand today that the company was on duty at the Stae capiol the day the Legislature met and throughout the session, but denied that the soldiers were lined up ready for marching orders when the assassination occurred.
 Merely Happened so
 Captain Walcott stated that it was about fifteen minutes after the assassination trat the company was called out. On cross examination, he said he had never before seen the State arsenal under guard for the same length of time. Got his orders from
 Adjutant General Collier and did not know
 for what purpose the guard was placed
 there. He said it was merely incidental that the soldiers were equipped with side arms and equipments for ready, active
 service when Goebel was shot, although it
 was not customary for the men to be equipped inside the arsenal.
 lie denied that the men were already in
 line, but said he formed them after they
 heard the first of the shooting.
 At the close of the examination of Cap
 tan Walcott the defense withdrew the wit
 ness with leave to recall him for the pur-
 pose of contradicting w. H. Culton. Gull ton will also be examined again as wit
 ness this afternoon
 John l.. DoZier of Knox County was next
 called He assisted Powers in organizing
 the mountain army. On direct examination
 he admitted that several who were sei, cted
 and sent to Frankfort were bad characters.
 Alexander Frost, Knox County coal
 miner, said the men sent to Frankfort were
 to go there to contend for their rights and
 prevent the vote of that county from being
 thrown out.
 R. c. Blandford, of Marion County, was
 present at the conference at Frankfort at
 which w. H. Culton presided. Sheriff Bur- ton of Breckinridge County made wild
 speech, saying: "The only way to stop the contest is to explode cartridges in the neighborhood of the Capitol Hotel" He
 was rebuked by Powers.
 Entirely New Testimony E. R. Bullock of Lexington gave some
 entirely new testimony. Witness said he
 was in the Adjutapt Generals building
 when the shooting occurred, and came out and saw Jack Chinn walking rapidly away
 and go into the State House. man was
 standing behind the fountain in a stoopng
 position. Witness could not tell whether he
 was white or black and did not know what
 became of him.
 Stuart Stone, Governor Taylor's stenog-
 rapher, testified he was in the Governors reception room when the shooting occurred When they heard what had happened, Gov ernor Taylor expressed fear that all of the occupants of the executive building would be mobbed. They broke into the office of the Secretary-of State to get some guns in there to protect themselves with Governor Taylor told Captain Steve Sharp of Lexington to arm anybody in the build ing and take charge of the men. At the afternoon session ex-Goyernor Brown, for the defense, made a long argu- ment in support of his position that the de-
 fense was entitled to show in evidence that the occupants of the executive building after the assassination heard threats on the part of the populace, and that they acted upon these in arming themselves and excluding the public and civil officers from the building. Mr. Mitchell, for the prose- cution argued that the commonwealth should not be entailed with the burden of idle threats that might or might not have pech iiiruo VI III oePoieioie Pii eAes anu thdl this character of proof could not be offered in justification of the course of those who
 had possession of the building. The court
 ruled that the witness might relate any specific threat which he himself heard, but that he could not tell of common rumor or threats which had come to him second hand. The defense reserved an exception to this ruling.
 stenogra: her Stout on the Stand Stenographer Stout, who was on the stand when court adjourned at noon. continued his testimony. He told of Youtsey coming
 into the executive office, carrying rifle
 a few minutes after the shooting. Governor
 Taylor was not armed when he first came
 into the office, but went back and got
 pistol.
 Wharton Golden was recalled for the
 third time, and was asked if he had told
 J. M. Owens in the presence of J. c. Owens
 Powers was innocent, but that they could