The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-03-24
SIGNIFICANT ACTION is NOTED
ACCIDENTAL DISCHARGE OF A
PISTOL BROUGHT EVERY
MAN TO HIS FEET
REACHED FOR REvoLvERs
Testimony Adduced During the Day
Regarded as satisfactory by
PrOsecuttOn-Defen Claims
to Be Pleased.


preliminary examination of Secretary Of
State Caleb Powers, charged with abet-
ting in the assassination of William Goc-
bel, began today before Judge Moore
The court house was guarded inside and
out by militia and scores of deputy
sherlffs, armed with Winchester rifles, to
prevent possible interference from
'mountaineers" who were reported on
their way to Frankfort, but their pres
ence was unnecessary, as the noun
ta'neers failed to appear and no disorder
occurred.
The witnesses today included Warden
Eph Lillard, Detective Doe Armstrong,
Sheriff Bosworth, of Fayette county,
who arrested Secretary Powers and
Capt. Davis and Silas Jones, who is now
under bonds charged with compiicity in
the murder The essimony tended TO
show that the shots came from that
section of the executive building in
which Secretary Powers office is lc-
Gated, although no one swore that the
shots were from the secretary's office.
The strongest evidence, perhaps, was
given by Silas Jones, who was in Gov.
Taylor's ante-room when the shooting
took place. No evidence was adduced
tending to show that the defendant was
implicated In any conspiracy, bur in one
of the frequent wordy disputes between
the attorneys for the defense and The
commonwealth, The fact was brought
out that Wharton Golden, who is said
to have made a confession, would be
put on the witness stand before the
hearing ends.
Prosecuting Attorney Polsgrove said
tonight that sufficient evidence had al
ready been heard to warrant holding
Powers, but that the case would be
much stronger before he was through.
On the other hand, former Gov. Brown,
for the defense, expressed himself as
well pleased with the situation, regarding
the evidence SO far as decidedly weak.
1t is probable that all of the witnesses
FOR the prosecution will be heard by to-
morrow afternoon.
REACHED FOR THEIR GUNS
An accident occurred during the after
noon which showed the feeling and also
that the people are prepared for emer-
gency soldier in the court yard
dropped his revolver on the stone flag
ging, and 1t exploded. In an instant
every man in the crowded court room
was on his feet, fully a third of them
with their hands to their rear pockets.
Eph Lillard, warden of the Frankfort
penitentiary, was the first witness
sworn. He was with Senator GOebel
when he was shot He said he and Goe.
bel were just entering the state house
when the shot was fred. He turned
back from the state house steps and
saw what had happened. He looked to-
ward the executive building, and saw
that the second window of the corner
room was slightly raised. This was the
office of the secretary of state. he
thought the shot had been fired from this
room. There were several other shots,
but the latter did not come from the
same place. The first shot was evident
" from a rifle, while the others seemed
to be from pistols, and were not so
clear and Instinct as the first.
Cross-eXamned by eX-Gov. Brown, Col.
Iilard said he saw nobody in the room
from which the shots seemed to have
been fired. and he did not see any one IN
the main door or on the steps Of the
building at the ii q Of the shooting.
Asked if he or Jack Chinn, who was
with Goebel, drew a pistol, he said:
Il did not draw my pistol and L did
not see Chinn draw one. l don't think
he did"
Policeman Wingate Thompson was the
next witness introduced. He was not
in the state house yard when the shoot
ing occurred, but arrived as the crowd
was carrying Senator Goebel out of the
ward He saw armed men at the en-
trance to the executive building, and rec
osnized John Davis and Berry Howard
among them Detectice Doe Armstrong,
of Louisville said Secretary Powers re-
fused TO tell him who was in the office
of the secretary of state at the time
of the shooting and declined to say who
was in charge but said that he (Powers)
was out of the city that day.
At 1905 court recessed until 1:3O.
GOLDEN TO TESTIFY.
Court reconvened at $40 p. m. The
prosecution had no witnesses to present
ana some debate e. sued over the re-
ouest of Attorney ms, that the com
nonwealth furnish defense the names
of witnesses vet : he heard whether
they have been subSoenaed or not. This
was regarded as an effort by the defense
to compel the prosecution to disclose
whether or not Wharton Golden, who is
said to have made confession, VIII bC
introduced as a witness.
Judge Moore finally ruled that the
commonwealth must produce the list.
County Attorney Polsgrove then gave
the names of Charles Finley, Jim and
Berry Howard, John Bowers. Sid Bar
ker, +. Wharton Golden and DR.. w. X
johnson, as probable witnesses.
Capt John F. Hawn, of Barbourville
testified to a conversation with Powers
at Barvcurville, previous to the shooting
in which Powers asked him to turn over
his anmunluOn ana company 10 Lieut.
Gibson Previously Hawn had testified
that he was not in politics.
Secretary Powers said they are rob
bIng us at Frankfort" continued Capt
Hawn, "but he did not say why he want
ed the militia company al Frankfort"
During Capt Hawns testimony Gov
Brown made the point that a man canno
be convicted as the alder of a crime un
less some principal is convicted. Unless
the real murderer of Goebel is convicted
Powers could not be deprived of his lib
erty The judge ruled against the de
fense.
Silas Jones, of Whitley county, testi
fed that he was in the room leading t.
Gov. Taylor's office when the shots wer'
fred There were many in there whom
he did not know. 1t was his impression
the shots were fired from the executive
building, and he thought from the corner
of the building in which Secretary Pow
ers' office is located When the shots
were fired he walked into the ante room
where he saw Capt. Davis and Gov
Taylor, among others. There was con