The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-02
Judge CantriII Said He Would Not Try
a Sheep-kiIIing Dog There I'm
der Existing Public Feeling.
DEFENSE GAVE NO TESTIMONY
SIGNIFICANT INCIDENT IN COURT
HELPED THEIR CAUSE.
Gov. Bradley Made Closing Address
for Taylor Before Supreme Court
Points of His Argument.

FRANKFORT. KY, May l-After hear
ing the testimony of about forty witnesses
and brief arguments by counsel for both
the prosecution and the defense. Judge
Cantrill granted the petition OF five of the
defendants charged with completely in the
Goebel assassination. for changes of venue.
Those who joined in the petition were Re-
publican Secretary Of State Caleb Powers.
Capt. John W. Davis. Henry E.. Youtsey.
Harland Whitaker land Richard Combs.
colored. The attorneys failed to agree
upon the county to which the venue shall
be changed. The defense suggested Bour-
bon county. where the next term of court
begins the second Monday in June The
prosecution objected to going TO Bourbon
county, basing the objection on statutory
grounds, and suggested special term OF
court TO be held for the exclusive purpose
of these trials in either Woodford or Scott
county. Judge Cantrill took the matter I'M
der advisement and will decide tomorrow
to what county the trials shall go.
The hearing of proof in the motions for
bail for these defendants and also for w.
II. Culton. who did not ask a change OF
venue, will begin tomorrow, and according
to the present outlook will take up the re-
mainder of the week and will be PRACTICAL
ly complete so far as the available evil
dence on both sides is concerned The
routine proceedings of the court were MAIN
ly tedious and undressing All the wit
nesses who testified in the matter of the
motion for a change OF venue were Demo-
Gratis. The commonwealth rested its case
at $3.50 O'Clock, though Colonel Nelson
moved that the change of venue be granted
en- the testimony of the witnesses for the
State, the defense declining to introduce
any witnesses. though a large number had
been summoned for that side.
In granting the change of venue. Judge
Cantrill said Observation-Disclosures
concur in the expression of opinion as
enunciated by every witness that has been
Oh the witness stand for the common-
wealth. My individual opinion is that these
defendants could procure i'm this county n
fair and impartial jury to try the case
according to the law and the facts SUBJ
mitted to them; yet that is not the con-
trolling feature which will govern the
court in passing upon this motion for an
application for a change of venue. Per-
sonally, / know the condition of affairs
now existing in the city of Frankfort. I
have known il since the first of January,
and, as a matter not only for the protection
of the counsel, the court and defendants.
this court will not undertake, with an
armed mob assembled upon the State
house square, to undertake to try a sheep
killing dog in this community with state
OF affairs existing, and 1t certainly would
not undertake to try any man for his life
under these existing circumstances against
his protest. In addition TO that, this court
abhors the idea of going into criminal in
vestigation before a jury with even the Jail
protected by militia. The court is not adj
vised, and cannot even imagine, how long
this state of affairs will exist i'm Franklin
county. and in order that these parties
may have speedy trial. IL they so desire.
1T is the duty of the court TO grant this APP
plication. You gentlemen can confer and
see whether you can agree upon a county.
IL you desire to confer, to where this
change of venue will 60"
While one witness was being examined
this afternoon incident occurred which
showing the extent of political feeling
here. Richard Kirk. a farmer. testified
that, in his opinion, a fair trial could he
secured here as well as I'm any county uf
the State. AS he left the stand ex-Gov-
ernor John Young Brown, who was con-
Quoting the examination. said:
Mr.. Kirk. forgot to ask you. what
are your politics?'
The witness. facing the Ex-Governor.
said: MY politics now are the same as
yours used to be when you were Governor
and hauled hay for YOU
This reference to the late gubernatorfal
candidate of the anti-Goebel Democrats
i'm the campaign Of last fall caused dem
onstration In the courtroom. The court
officers pounded vigorously for order
Judge Cantrill. in a vigorous statement,
admonished the crowd that repetition OF
the offense would be followed by an order
from the court clearing the courtroom.
Governor Brown filed an exception. basing
1t on the incident, and called attention TO
II as evidence of the heated state of pub
lie feeling here.
At the conclusion of the testimony, Mr..
Kinkead opened the argument for the de-
Tense on the motion TO grant the change
of venue.