The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-07-11
Only a Few of Its Witnesses Were
Present, and Continuance
IL Asked.
AFFIDAVIT OF CALEB POWERS.
Prosecution May Accept It's Ale
cations as Evidence in Order TO
Force Immediate Trial-COm-
plant About Passes.
ErPTPIIC, SPECIAL.

REPUBLIC SPECIAL
Georgetown. KY. July 1o-It is Yet an
uncertain question whether Caleb Powers.
former Secretary of State, indicted for ccm-
plicity in the Goebel assassination. will be
tried at the special term Of court now con-
yened for that purpose. The defense claims
IL cannot be ready because Of the absence
Of witnesses In its anxiety for an iinnle-
iiate trial the Commonweal has inform
ally agreed TO accept as evidence the AMI
,Iayits of the absent witnesses. The attor-
news for the defense spent the greater part
Of the day in conference. An affidavit was
agreed upon by the attorneys for the ce-
Tense. When this was presented 10 the
Court this afternoon. the Commonwealth
asked and IVES given until tomorrow
morning TO file an answer.
Powcrss AGida,is.
In his affidavit. which covers the tSst-
rnony OF nearly a hundred absent wit
nssses. Powers in a general way outlines
his defense by telling what he expects 10
prove by them He denies that assassina
lion was talked OF at the several confer
enres save at the one presided over by "?
II. Cul,on, and at which Powers protested.
saving IL would settle the governOrship con-
test.
His trip from Frankfort TO Louisville on
the day of the assassination he says. was
for the purpose Of bringing 20 Frankfort
and arranging for the transportation OF
large body of men from Western Kentucky.
similar TO that brought down from the
mountains. When he heard Goeoel had been
shot he knew Il was all over and called off
the movement. returning to Frankfort. The
IL l-.. r.fl 81
because OF a rumor that the Democrats
were arming and proposed 10 attack the
Rsp,,bl,cans in the Statehouse. As 10 his
attempted flight when warrant was is
sued for his arrest. he says he was advised
to do so by ex-Judse W. II. Yost. VINO
feared for his life.
All the statements Powers says he can
prove by the absent witnesses. and. there
fore. asks continuance until October IL
Il can force a trial ;he Commonwealth will
atmi, this AFFIDAVIT; as evidence. but Will not
accept IL as true and will make efforts to
disprove IL.
Again to-day all who entered the court
room were searched. II was generally ad-
mitted that Caleb Powers's trial would rot
begin. since the attorneys had been unable
Defense Not Ready.
Gentlemen. are you ready now to proceed
with the calling Of the witnesses:' asked
Judge Cantrit-
Attorney Kinkead for the defense then
called a long list of witnesses. most Of whom
failed to answer. When the calling of wit
nesses was finished il was found that only
y of II9 witnesses We're present. Quite a
number however. were in town al the time.
Among these who did not answer were
Former Governor Bradley. Judge Yos,.
Colonel c. G. Mengel.
Ex-Governor Brown then said: III il
nlease your Honor. the defense is not ready
sor trial. Only . witnesses out o: il9 are
here
commemorative Attorney Franklin sais.
that h. thought the case ought to be tried
during the summer vacation and that the
demanded trial after Civ
ing the defense sufficient time 10 secure
the attendance o: the witnesses.
Ex-Governor Brown said that all the w.t.
ne-ses had been subpoenaed. Common
wesl,h's Attorney Franklin demanded tbs,
usual affidavit for continuance, and upon
Brown announcing that II coula
he ready by 2 o'clock Judge Cantrili grant,
ed the request. All the jurors and witnesses
we've thereupon excused until Tomorrow
at 9 o'clock. When O'Clock ar
rived the defense was not ready and asked
one hour or two longer
During the Interim 1t developed that the
in order to secure an immedi-
ate trial will admit all of the evidence
which the affidavit will claim will De intro
ducsd by the absent witnesses. II this he
the case only the time required to select
a Jury will delay the hearing of the case.
The affidavit of the defense was finally
compIeted at 4 D. m. and submitted to the
The hour was then SO late there was no