The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-31
POWERS ON THESTAND
Denies All the Evidence For
Prosecution.
The Armed Mountaineers Were Brought TO
Frankfort TO Petition the Election Board
But Not to lntimidate Il.
(By the Associated Press.)

10y the ASSOCldJeQ GToSS.)
Georgetown, KY, July 3O.-In the trial
of Caleb Powers, charged with being an
accessory before the fact to the murder
of William Goebel. which was resumed
today, the defence opened its side of the
case with a motion for peremptOry in
structions for verdict of acquittal. The
motion was submitted without argument
and was promptly overruled by the
court.
Attorney Faulkner stated the case for
the defense. He said the defense will
show that the contests over the State
offices were not tried on judicial lines,
but on a partisan basis and that politics
was responsible for the present prosecu-
tons. He intimated that the prosecu-
ton knows the identity of the assassin
but has concealed him. 1t will be ad-
mitted, he said, that Caleb Powers and
Charles Finley organized and brought to
Frankfort the crowd of mountainmen
who arrived there January 25th but that
this was only a petition to the Legisla-
ture and not to- intimidate that branch
He declared that the men who composed
the mountain army were not bad char
acters, as charged by the other 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 to his
office which the prosecution alleges had
been given to Youtsey; that Powers never
even conferred with Youtsey, Berry How
ard Jim Howard Green Golden or DICK
Combs, and that Jim Howard was not in
the capitol grounds until after the kill
ing. 1t would be proved he claimed,
that Weaver one of the many witnesses
for the prosecution was never in Frank
fort until yesterday; that Finley, Ander-
son and Robert Noaks testified for money.
and w. H. Culton in the hope of obtain
ing immunity from prosecution, and that
Wharton Golden's evidence will be sue
cessfuly contradicted.
The defendant Caleb Powers, took the
witness stand. He declared he never
knew Jim Howard, Hart and Whitaker
or Richard Combs, three Of the defendants,
prior to the assassination. He had only
known Youtsey since January LIST.
In regard to the bringing of the noun
taineers to Frankfort witness said:
There were three crowds of men
brought to Frankfort and | had some
thing to do with the organization of each.
The purpose was to show the interest OF
these people in matters at issue at that
time and not to intimidate either the
State election board or the Legislature.
! instructed the men to do no acts of vio-
lence, and, so far as l know, none wa
! committed by them"
| Powers continued:
1.-THE last crowd of men were brought
for double purpose. We expected to
use them as witnesses before the contest
| board, and also to show by their presence
| the interest they felt in the contests. We
| also had heard rumors that we were to
! be forcibly elected from the offices.
| These rumors were based on newspaper
reports. and we intended to resist VIC
| lence."
! Mr.. Bradley, of counsel for prosecution,
| objected to this statement and explained
| that it be excluded on the ground that
newspaper reports could not be given in
| evidence The court ruled that it was
! incompetent for the witness to detail
newspaper reports or tell Of the appre-
tensions which he based on common ru-
| NOR.
Witness said he had received informa-
! ton that Mr. Hill, the contestant for
| Secretary of State, would not wait until
| the contests were settled in court, but
would try to take forcible possession soon
as the contest board acted. IF that sort
of thing had been attempted" he said,
| 1--WE intended to hold the Offices | had
a conference with Governor Taylor and
he advised the bringing of large body
of men to show their interest in political
affairs. He also advised that they be
| brought armed and promised to pay the
| expenses. l acted on this. The plans
| were kept a secret to prevent dropping us
through a bridge or derailing our train
told those in the conference that the
utmost secrecy must be observed in get
ting them there before the news got out
| At the afternoon session the defendant
Powers resumed the stand. He read tc
the jury receipts from various parties
which he said were for money paid by him
for board for some of the mountain men
brought by him to the State capital. He
said he had no recollection of having said
in the presence of w. II. Culton that the
Legislature would be given thirty minutes
to act. and if it did not do it in that
time they would kill the Democratic leg
islators.
In regard to sending the men home from
Frankfort, the evening of January 25th
about which witness Noakes testified las
week and told of a breach between the
witness and Governor Taylor, Power:
said:
Il heard that they were going to sent
the men home and / opposed it as thu
men had been up all the night before.
went to see Governor Taylor. He tolt
me it had been decided to send then
home as their presence was having bat
effect. Some of the anti-Goebel Demo
Gratis in the Legislature had strongly di
approved of bringing the men armed, ant
. had threatened to desert Governor Taylo
! in the contest unless he sent the mel
home"
Witness did not give Youtsey key o