Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-30
IN HIS OWN BEHALF
Caleb Powers Tells His Story on the
Witness Stand.
WHY MOUNFAINEERS WERE BROUGHT
They Were Instructed to Commit
No Acts Of Violence.
PLANS WERE KEPT SECRET

GEORGETOWN. KY, July 3O-In the
trial of Caleb Powers. charged with being
an accessory before the fact to the murder
of William Goebel. which was resumed
today. the defense opened its side of the
case with motion for peremptory instruc-
tons for verdict of acqufttal The mo-
ton was submitted without argument and
was promptly overruled by the court
Attorney Faulkner stated the case for
the defense. He said the defense will
show that the contest over the state offices
were not tried on judicial lines. but on a
partisan basis. and that politics was re-
spons1ble for the present prosecutions. He
fntfmated that the prosecution knows the
IDENTITY OF the assassin. but has concealed
him. 1t will be admitted. he said, that
Caiep Powers and Charles Finley organized
and brought to Frankfort the crowd of
mountain men who arrived there January
20, but that this was only to petition the
legislature and not to intimidate that
branch. He declared that the men who
composed the mountain army were not
DAD characters, as charged by the other
SIDE ana he charged also that the demo-
Gratis had large bodies of men in Frank
tort TO back up the contestants.
What Defense Expects to Prove.
He said Powers had in his pocket at the
time of the killing the keys to his office,
which the prosecution alleges had haa,
given tn yo,,+sa1,. +b,+ D.. -
oo,fo,a 80 ieei even
Ecu WIN 1ouesey' berry Howard.
Jim Howard. Green Golden or Dick
Combs, and that Jim Howard was not
on the can,+oJ .ro,,.s - ny
kiI,,ng +. - os ui',' ai'er the
ad ,S.t yu. mu.u Ne proved ne claim
nesSes for the prosecution, was never
IN frankfort until yesterday: that Finlay
1,,nne ana q, h1pert Noakes testified for
money ana w. H. Culton in the hope of
optaiElns immunity from prosecution and
tnat wharton Goiden's evidence will be
successfully controverted.
PrOsecutiou Fjuf.ha1
Tn tho trio, -, so-...--..
-, mo 10. Vi eA-oecfetary OF state Caleb
io"ers' at Georgetown, KY. charged with
being an accessory to the murder of VIII
liam Goebel, the prosecution concluded tts
evidence satnrd.v T>hra,.. N nN 10
hau ~ ..t camp
statement &C. .o,,,., .. ne ioiio"i ING
ct Ia proved that tho sho, x
the office Of Ca1eh po..ars -'
First. by direct testimony of two wit
nesses who saw the rifle when fired and
Sss 81. olners VINO located the place OF
"Second nv the folio tAna fonts, MI, -,.
dow sill whence the bullet was t,rad Ia
thirteen feet nine inches higher than III,
point where it struck into the tree the
Instance Dt1fR lbi Feet, The descent Of the
bullet was such that it would cross the
spot where Goebel fell 53k inches above
the pavement The autopsy found the point
Of entrance in Geebel's breast 52K inches
from the soles of his feet Add the eleya-
ton gained by the socks and shoes and
you get 80 1-16 inches
Third. the cartridge which was used in
A,,il,s Goepei was metal 3acketed. steel.
the militia of Kentucky, Youtsey. who had
the key to Powers office. procured from a
gun store IN cincinnati steel cartridges
fropo tba 80 60 49, me uuiiel nleo
and found Embedded In the tree il a metal
jacketed bullet, 1885. The size of the
wounds of entrance and exit was the same
-three-eightS OF an inch CSs caliber). Had
leaoen bullet been used the wound of
exit would nave been larger. That the
cartridge used was smokeless is evidenced
by the fact that or the many witnesses
looking at the point whence the rifle
fired none saw smoke
Power. Take. the Stand
Tho d.fanaan, CO... 80. .o,,.
Inc oeiehoant' Sa1eo fo"ers, TOOK the
witness stand. He declared he never knew
Jim Howard, Harland Whitaker or Rich
ard Combs three OF the defendants, prior
10 the ASSASSINATION. he Ead only known
foutsey since January !. In regard to the
bringing of the mountaineers to Frankfort
". ..1.a st.iu:
To FranLfort and bad son,etbins 70 do
With the org.niza tio,. ~ eanb re- ~ ~, w
nose uas to sbn1 tho intarest ns ,bas. L.
Me IN tbe ~ ,nattsrs Ct iss,,s a. thet +i,
end not 10 intinoida+a aithan - .,tato In
IT,, hoarS az ~ Ia.i., ny tt.a
IT, raar -, 1o NJ n9s oe ,,o,o,,n ms. u 'eo
far az T Know MOVE were co,ornit,ad I'D h av
tha,, o"' --'-te "to W
This Evidence Was Excluded.
Powers continued. .srbe last crowd of
,.,o,, -, t.uo,,,-,t 49,, ~
men were pfoushl ior uouoie purpose
fore the contest board and also to show by
their presence the interest they felt In the
contests. We also mad heard rumors that
we were TO be forcloly e5ected from the
oies' r, uios . pasu ou s,