The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-08-10
SOME NEW EVIDENCE
BROUGHT OUT IN THE P0WeRS-GcE-
BEL MURDER CASE
THE CONFESSION OF DICK COMBS
4 Statement to the Court by His Law
yer as to the Making OF the Confess
sion-Green Golden Probably to be
Put Upon the stand by the Prosecu-
tfon-Several Witnesses Examined.
The New Evidences Creates Little
Interest.

n.y.
of new testimony vas brought out to-
day at h beginning of the fifth week
in the trial Of former Secretary Of
State Caleb Powers, charged with com
Iplicity in the Goebel shooting.
E. r. Bullock, of Lexington, swore
that he was in the adjutant generals
office when the fatal shots were fired.
He stepped out and saw a man in a
STOPPING position behind the public
fountain nearby. Bullock could not
tell whether the man was white or
black and did not know what became
Iof him Bullock declared that ne saw
Colonel Jack Chinn walk rapidly into
the state house as he stepped from the
Iadjutant's Office. Apparently Bullock's
statements cid not excite much inter-
lest.
Captain D. B. Walcott, who had
lcharge of the Frankfort militia, was
sworn to-day. He said the company
was On duty at the state capitol the
day the legislature met n through
Iout the session, but denied that the
soldiers were lined up ready for march
ing orders when the assassination oc-
Cured. Ee said they were
with guns and side arms, but this
merely happened 10.
R. c. o. Benjamin, a egr attorney,
representing "Tallow Dick Combs, and
whose client it has been repeatedly
asserted, recently had made an alleged
confession, asked Judge Cantrill this
afternoon to be allowed to make a mo-
Ition at the regular hour o-morrow to
have an investigation of his
in the matter Of the confession OF
Combs in which he had eel charged
with b~etraying secrets Of the prosecu-
ltion.
Judge Cantrill informed him that an
investigation would not be necessary.
benjamin then gave out an interview
lin which he says that the reported
lCombS confession was made in the
presence of himself, Commonwealth
attorney Franklin and Victor H.
bradley, of the prosecution, and that
ICombs made all the statements at
tributed to him except as to the amount
alleged to have been offered Hooker
Smith to kill Goebel. Combs nephew
stated that he had made a vain search
flor Hooker Smith and he thinks Smith
lis in either New Orleans or. San Fran
cisco. Benjamin said he had concluded
lit vas due to his client to tell all he
knew as long as he cannot find Hooker
Smith,, who told Combs all that the
latter knows about the assassination.
Captain B. B.. Golden and other rep
reSentativeS of the prosecution, con-
Iferred with Green Golden, one of the
Ialleged accessories, in the Frankfort
Jail yesterday n there is a possibili-
ty that Gc,den may be introduced in
rebuttal 70 the evidence of the de-
Ifendant.
At the afternoon session, Ex-Governor
Brown for the defense made a long ar
Igumert in support of his position that
1.-THE defense was entitled to show in evil
Idence that the occupants of the eXecu-
Give building after the assassination
heard threats on the part of the popu-
lace and that they acted upon this in
aiming themselves and excluding the
lpublic and civil officers from the build
fngs. The prosecution argued that the
commonwealth should not be entailed
with the burden of introducing threats
that might or might not have been
made by irresponsible parties, and that
this character of proof could not be Of
fe1 ed in justification of the course of
those who had possession of the build
ling. The court ruled that the witness
might relate any specific threat which
re himself heard, but that he could
not tell of common rumor or threats
vhich had come to him second hand.
The defense reserved an exception to
this ruling.
OludIi olOUl, HONCl ilOl 1dy " > SlC-
~nographer, told of Youtsey coming into
the executice office, carrying a rifle a
few minutes after the shooting. Gov
ernor Taylor was not armed when he
first came into the office, but went
oack and got a pistol.
Wharton Golden was recalled for the
third time and was asked if he had
old j. M. Owens in the presence of
". G. Owens that Powers vas inno-
cent, but that they could take 500, 000
and hang the Savior and all the Apos-
lies"
Golden said he never said it to Owens
Tor any N else.
j. H. Owens was then called, but the
Icourt excluded the greater part Of his
testimony on the ground that the de-
Tense had examined Golden on this
matter.
F. Clay Elkin, postmaster at LeXing.
ton, testified as to a conference be-
tween Powers, the witness, and Other
republican leaders after Representative
Berry was unseated. He said it wa:
lat n time decided that Berry should
Iattempt to hold his seat, on the ground
that the vote ousting him was illegal
but this was abandoned