The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-08-07
Testimony ms to Threats Against Re-
publican OHiciaIs Not Allowed
Relation on the stand.
JACK CHINN HURRIED AWAY
THIS OCCURRED AFTER SENATOR
GOEBEL WAS SHOT.
Left the Fallen Man and Entered the
StatehOuse-Ncw Evidence as TO
the Presence of the Troops.

| week of the trial of ex-Secretary of State
Caleb Powers for alleged completely In the
| assassination of William Goebel was en-
tered upon to-day. The testimony heard In
the courtroom was not sensational and
threw no light on the tragedy. This after
| noon r. c. o. Benjamin, the negro attor-
ney who represents ''Tallow Dick" Combs,
the negro defendant, approached Judge
Cantrill and asked to be allowed to make
a motion at the regular motion hour to-
morrow to have an 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 informed him that an investiga-
ton 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, Common
wealth's Attorney Franklin and Victor H.
Bradley, of the prosecution. and that
| Combs made all of the statements attrib-
uted to him except as to the amount Yout-
! sey is alleged to have offered Hockersmith
TO kill Goebel. He says Combs did not say
s1,90O. Benjamin also produces a letter
from his client, Combs, in which the latter
expresses the utmost confidence in him.
Combs's nephew is here tonight. and says
he has made a vain search TO find Hooker
smith. and he thinks Hockersmith is in
either New Orleans or San Francisco. Ben
lamin further says he concluded it was due
mis- client to tell all he knows as long as
he could not find Hockersmith, who told
Combs all that the latter knows about the
assassination.
Captain B. B. Golden, the other repre-
sentative of the prosecution, conferred
with Green Golden. one of the alleged &C
cessories in jail at Frankfort, yesterday,
and there is a possibility that the latter
may be introduced as a witness in rebuttal
to contradict the testimony of the de-
PENDANT himself. Captain d. B. Walcutt,
who had charge of the Frankfort militia,
said on the stand to-day that the company
was on duty at the State Arsenal 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. He said they
were equipped with gun and side arms,
but this merely happened so.
Ex-Governor John Young Brown, chief
ounsel for Powers. says the defense will
| conclude it's testimony probably on Friday,
but possibly not till Saturday. After that
the prosecution will consume three or four
days in rebuttal.
TROOPS ON DUTY.
Capt. d. B. Walcutt. who had charge
OF the soldiers that were quartered in the
arsenal at Frankfort prior to the assassi-
nation. and who were called out Immediate
IL after the tragedy, was the first witness
called to-day. The troops, he said, were
placed in the arsenal Jan. 4, the day the
Legislature met. Captain Walcutt said il
was about fifteen minutes after the assassi-
nation when 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. He got his
orders from Adjutant General Collier, and
did not know for what purpose the guard
was placed there. He said 1t was merely in
cidental that the soldiers were equipped
with side arms and equipments and ready
for active service when Goebel was shot,
although II was not customary for the
men TO be equipped inside the arsenal. He
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
tain Walcutt the defense withdrew the
witness with leave TO recall him for the
purpose of contradicting w. II. Culton.
John l.. DoZier. Knox county, was called.
He assisted Powers in organizing the
mountain army. On direct examination he
said he got only good citizens, as Powers
directed. On cross-examination he admitted
ti.at several who were selected and sent to
Frankfort were bad characters.
Alexander frost, a Knox county coal
miner, said the men sent to Frankfort
We're to go there TO contend for their rights
and prevent the vote of that county from
| being thrown out.
OR. c. Blandford, of Marion county. was
present at the conference at Frankfort at
which w: H.. Culton presided. Sheriff Bur-
ton. of Breckenridge county, made a wild
speech. saying: The only way to stop the
contest is TO explode cartridges in the
neighbcrhood OF the Capital Hotel" and
was rebuked by Powers.
f. r. Bullock, of Lexington, gave some
! entirely new testimony. Witness said he
was in the adjutant generals building when
the shooting occurred, and came out and
saw Jack Chinn walking rapidly, and go
into the Statehouse. A man was standing
behind the fountain in a stopping position.
Witness could not tell whether he was
white Or black. and did not know what be-
came of him.
Stuart Stone. Governor Taylor's stenog-
rapher. testified he was I'm 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 10 get some guns to
protect themselves with. Governor Taylor
told Capt. Steve Sharpe. of Lexington. TO
arm everybody in the building and to take
charge of the men.
REBUFF o THE DEFENSE.
At the afternoon session Ex-Governor
Brown. for the defense. made a long argu-
ment in support of his position that the
defense was entitled TO show In evidence
that the occupants of the executive build
ing after the assassination heard threats
on the part of the populace and that they
acted upon this i'm arming themselves and
excluding the public and civil officers from
the building. Mr.. Mitchell. for the prose
cLtion, argued that the commonwealth
should not be entailed with the burden of
idle threats that might or might not have
been made by irresponsible parties. and
that 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 re-
late any specific threat which he himself
heard. but that he could not tell OF COM
him second hand. The defense reserved an
exception to this ruling.
Stenographer Stout, who was on the
stand when court adjourned at noon, con-
tinued his He told of Youtsey
coming into the executive office carrying
a rifle a few minutes after the shooting.
Governor Taylor was not armed when he
first came into the office. but went back
and got a pistol. Wharton Golden was
recalled for the third time and was asked
IL he had told j. NJ. Owens in the presence
OF ]. c. Owens that Powers was inno-
cent but that they could take $780, 600 and