The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-07-19
BLACK PROTESTED.
Advised Against Bringing Armed
MOuntaineers to Frankfort.


Georgetown, Ky, July 1S.-In the trial
today of Caleb Powers, charged with
completely in the Goebe1 shooting, John
A. Black, a Barboursville banker and
Republican of prominence, was the first
witness. He said Powers came to him IN
January to advise him as to the propriety
of the mountain organization which he
said he was getting up.
81 asked Powers y said witness, what
sort of a crowd he was getting up and he
said he was organizing an armed mob to
go to Frankfort. / discouraged this and
told him it would inJure the Republican
party, would be stigma on our end OF
the state AMI ought to be abandoned
Powers, however, insisted that the mob
should be formed. His idea was that it
would intim1date the legislature.
Black, continuing, said: Il saw
Powers later and again demonstrate d
against the formation of the mob which
was going to Frankfort. Powers told
me it was being formed with the APPROX
al of Gov. Taylor Charles Finley and
other Republican leaders at Frankfort.
A check from Charles Finley to the L..
& II. railroad for 81, 900 for transportation
of the men to frankfort was produced
by Black in response to a question from
the prosecution.
w. II. Culton, who is under Indictment
as an accessory to the killing of Gov.
Goebel, was called next,
Counsel for the defense raised a point
against the competency of Culton as a
Witness he being under indictmenss
along with Powers and others as CO.
cOnspirator and not having been tried.
The jury was excluded during the argu-
ment of the point.
Judge CantrilI ruled that while at
common law Powers could not testify
that rule was abrogated under the law
of this state and that Culton is a compe-
tent witness. the right to testify being a
personal privilege. The court instructed
Culton that he might or might not testify
as he desired, and that if he did so he
was not required to tell anything that
would tend to crlmlnate himself. Culton
replied that he was testifying of his own
free viii.
Culton said he knew all the persons in
dicted as accessories to the Goebel MUIR
der. Witness said in January the matter
of bringing mountain men to the State
Capital was discussed, Powers was
present. The mountain men arrived in
Frankfort January %, he said. Culton
and Henry Youtsey came to him and told
him that he had found way GoebeI
could be killed. Youtsey said it could be
done from the secretary OF states office.
Witness saw Youtsey again and the lat
ter said the idea had been abandoned.
He declared Gov. Taylor furnished him
(Culton) the money to bring the Jackson
county crowd. Witness said Gov. Taylor
did not want the mountain men to go
home. Powers said they ought to be sent
away as they had not done what they
were brought there for. Witness told
Taylor what Powers said, Taylor re-
piled that Powers was a hot headed fool,
but he would wait and everything would
be all right
On the day of the Van Meter Berry
contest in the legislature the witness said
Taylor sent orders by him to Adjutant
General Dixon to have the troops in the
arsenal ready to be called out at a mo-
ment notice. The court adjourned with
Culton on the stand