The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-08-18
Declared to Be n "Fellow-As-
sassin- with Powers and Sinclair
Denounced as a Liar.
HIS APPEAL TO PARTISANSHII
ADROIT SENTENCES TO AROUSE PO-
LITICAL ANIMOsITY.
The Defendant Held Up as the Product
OF a Mountain Propaganda of
Political Assassination.

0AhCAl Az tHC
charged with being an accessory to the
murder of William Goebel, was not con-
cluded to-day, the court refusing 10 hold
a night session. commemorative Attorney
Robert B. Franklin will make the closing
speech for the prosecution tomorrow morn
ing. The argument for the defense was
closed by Ex-Governor John Young Brown.
The entire morning session and nearly an
hour this aft, moon was taken up by I. {.
Campbell for the prosecution. In the latter
part OF his address TO the jury Colonel
Campbell nkened the circumstances OF the
assassination of Goebel TO that of Tom
Baker. in Clay county. in which Jim How
ard figured, and he intimated that Howard
fired the shot, but subsequently, said:
81 do not know who fired the shot that
killed Goebel. but 1t was one of the five
principals named in the indictment-Jim
Howard. Berry Howard, Henry Youtsey'
Harland Whitaker. or Tallow Dick
Combs-and every one of them were there
by procurement of Caleb Powers and w.
S. Taylor"
At the close of Colonel Campbells speech
he announced a modification of the seventh
section of the instructions TO the jury. The
modification defines the words unlawful
act' to be ito alarm, incite, terrorize or do
bodily HARM This section instructs the
jury that if Powers and others conspired
to do an unlawful act, and as a result OF
this William Goebel was killed, 1t should
find Powers guilty of murder.
The largest crowd that has yet been In
attendance at the trial thronged the court
house this morning. The crowd was not
entirely local, but contained many visitors
from central Kentucky counties. The pro-
ceedings were delayed some time on ac-
| count of the absence of the defendant. who
later was brought in in charge of a deputy.
Henry E. Youtsey, who has been threat
ened with typhoid fever. is reported i'm
proved this morning. and his attorneys say
he will be ready for trial Monday.
IN HIS OWN DEFENSE.
T. c. Campbell, of New York, for the
prosecution, began addressing the jury at
$3.50 o'clock. In his preliminary remarks
Colonel Campbell took occasion to regret
the heated state of political feeling in Ken
lucky, and appealed to the jury not to
think of politics, but to weigh the evidence
and return a verdict based on that. He
referred to the long friendship that had ex-
listed between him and the dead Democratic
leader, and said that when the brothers
of the latter ~telegraphed him to come to
Frankfort and aid in the search of the con-
spirators and the assassin he did not hest
tate to respond, and had no apology to Of
fer for his connection with the case. Col.
Campbell cited statistics showing a COM
parison of the number OF murders COM
mitted in the State of Kentucky and Ohio.
For the four years of Governor Bradleys
administration the speaker said there were
$50 murders in Kentucky. There were 20
convictions for murder and PIG pardons of
murderers. For the same period Ohio, with
double the population of Kentucky, had
only forty-nine murders. Caleb Powers, in
the brief space he acted as secretary of
state, attested the pardons or seven muir
derers who were set free by Governor Tay-
lor.
He took the diagram of the state Capitol
grounds. and this. In connection with the
measurements of civil engineers and the
autopsy on the body of Goebel, was used
in tracing the bullet. By this he said 1t
t Tas c fr%n Es,sh pT Powers snat of she sn snd Was hs
defied the defense TO try TO shake the cor
rectness of the demonstration. He denied
responsibility for Witness Weaver. who is
in Jail charged with perjury, and said he
did not know whether Weaver was a liar
or not, but wanted to know who on the
side of the defense would be responsible
for the lying forged record which George
w. Long, ex-state treasurer, had brought
here for the purpose OF impeaching Weav-
er, and promised that In the end this mat
Tense.
when the shot was fired why did
Matthews and Todd and every occupant of
the Governors reception room adjoining
Powers's office attempt to force the door to
the secretary of states Officer" asked
Campbell. 'They knew the shot came from
there, but subsequently they had endeav-
ored to qualify their testimony He re-
ferred to Attorney Owens. of the defense,
as one of Powers's fellow-assassins, and
said that while he always refrained from
calling men liars. the temptation was great
in the case of Lawyer Sinclair, who made
himself one of three witnesses who testi-
fled that the sound did not come from the
direction of Powers's office. while over one
hundred other witnesses testified that ii
did come from that direction.
TOUCHES THE EVIDENCE.
Colonel Campbell took up the evidence of
various witnesses and discussed its bearing
on the case. He declared that the murder
of Goebel had for its object the perma-
nent installation of an organization Of po-
litical buccaneers in the mountains. whose
strongest ally was a great corporation to
whom Goebel has been a thorn In the flesh.
Culton, Golden and Noaks were good
enough to take charge OF the mountain
army and manage Powers's political af-
fairs in January. but it suits the purpose
of the defense now TO seek TO impeach their
veracity and character, since they had
weakened and confessed the details of the
conspiracy. PowerSs own admissions on
the stand, corroborating everything Culton
had said, were sufficient to hang him, the
speaker declared.
Campbell continued: "All shrewd GRIM
inals. of which class Caleb Powers Is one.
first arrange for an alibi- The mountain
army was brought TO Frankfort Jan. 25.
and, thinking 1t would perform it's murder
Gus mission, Powers goes TO bed at the
house of John Davis. a conspirator. but
the foul deed is not committed and Powers
leaves his bed and waits for another day.
On Jan. 80. the second appointed day, he
delyes deeper into the work of establish
haustive details of locking his office,
though he never locked IL before, and leay-
Ing for Louisville on p~retense of bringing
more men to Frankfort. This time the
plan is better laid, and as soon as the as
sassin's bullet is fired from the secretary
of states office Powers raises his hands
and exclaims, Il am innocent, because I
was I'm Louisville when the murder oc-
Cured
the case for the defense. referring 10 VIII
Ian Goebel. characterized him as a leader
of men and the manner OF his taking or
accurSed. The State had failed TO make
out a case connecting Caleb Powers with
the murder. He attacked the theory of the
prosecution hat the bullet cut from the
blackberry tree was the one which killed
Goebel. IF the bullet. In passing through
Goebers body. fell as the doctors testified
1t would have entered the ground before
striking the blackberry tree. This theory.
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