The age-herald., 1900-08-18
POWERS TRIAL
 NOT YET ENDED The Court Refused to Hold a
 Night Session. COLONEL CAMPBELL SPOKE Ex-Governor John Young Brown in Referring to William Goebel Char acterized the Manner of HIS
 Death as Accursed
COLONEL CAMPBELL SPOKE

1SOEStlOWhB ANy'f <AN6NSS @''
 ment in the case of Caleb Powers, charged with being an accessory to the murder or William Goebel was not concluded today, the court refusing to hold night session. Commonwealth's Attorney Robert B. Franklin will make the closing speech for the prosecution tomorrow morning. The argument for the defense was closed by ex-Governor John Young Brown. The en- tire morning session and nearly an hour this afternoon was taken up by Colonel T. c. Campbell for the prosecution. In the latter part of his address to the jury Colo mel Campbell likened the circumstance 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:
 "I do not know who fired the shot that killed Goebel, but it was one of the five principals named in the indictments-Jim Howard, Berry Howard, Henry Youtsey, Harland Whitaker and Tallow Dick Combs, and every one of them were there by pro- curement of Caleb Powers and w. s. Fay lor.'
 At the close of Colonel Campbells speech the court announced modification of the seventh section of the instructions to the jury. The modification defines the words unlawful act' to be Ito alarm, incte ter TOT or do bodily harm" This section in- structs the jury that Powers and others conspired to do an unlawful act, and as a result of this William Goebel was killed it find Powers guilty of murder.
 Large Crowd Present
 The largest crowd that has yet been in attendance at the Powers trial thronged the court house this morning, this being
 closing day of the argument. The crowd was not entirely local, but contained many visitors from central Kentucky coun- ties
 The proceedings were delayed some time on account of the absence of the defend- ant, who later was brought in in charge of deputy. Colonel T. c. Campbell of Gin cinnati began addressing the jury at 9:3O o'clock.
 Henry E. Youtsey, who has been threat ened with typhoid fever, is reported inn proved this morning, and his attorneys say he will be ready for trial Monday.
 Tn his preliminary remarks Colonel Campbell took occasion to regret the heated state of political feeling in Kentucky and appealed to the jury to not think of pol itics but to weigh the evidence and return verdict based upon that. He referred to the long friendship that had existed be- tween him and the dead Democratic leader, and said that when the brothers of the latter telegraphed him to come to Frankfort to aid in search of the conspirators and the assassin, he did not hesitate to respond, and had no apology to offer for his connection with the case.
 Colonel Campbell cited statistics showing comparison of the number of murders committed in the States of Kentucky and Ohio. For the four years of Governor Brad ley's administration the speaker said there were S96 murders in Kentucky. There were 2S5 convictions for murder and PIG pardons of murderers For the same period, Ohio, with double the population of Kentucky, had only 49 murders.
 Powers Official Acts Caleb Powers in the brief space he ex- isted as secretary of state attested the pardons of seven murderers who were set free by Governor Taylor.
 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 were used | in tracing the bullet. By this he said 1t | was conclusively proved that the shot was | fired from Caleb Powers office and defied | the defense to try to shake the correctness l of the demonstration. He denied responsi- l bility for Witness Weaver, who is in jail charged with perjuries, and said he did not l know whether Weaver was liar or not, but wanted to know who on the side of l the defense would be responsible for the | record which George w. Long, ex-State | Treasurer, had brought here for the pur- 1 pose of impeaching Weaver, and promised l that in the end this matter would prove a | boomerang to the defense.
 l "When the shot was fired why did Mat 1 thews and Todd and every occupant of the | Governors reception room adjoining Pow l ers office attempt to force the door to the l Secretary of States office? asked Campbell. | They knew the shot came from there, but | subsequently they had endeavored to quail l ify their testimony. He referred to Attor- | ney Owens of the defense as one Of Pow l CTS fellow-assassins, and said that while l he always refrained from calling men liars, l the temptation was great in the case or 1 Lawyer Sinclair, who made himself one or l three witnesses who testified that the l sound did not come from the direction or l Powers office, while over one hundred
 other witnesses testified that it did come from that direction.
 Took Up the Evidence | Colonel Campbell took up the evidence l of various witnesses and discussed It's hearing upon the case. He declared that l the murder of Goebel had for its object the l permanent installment of an organization | of political buccaneers in the mountains, l whose strongest ally was great corpora
 ton to whom Goebel had been thorn in | the flesh. Coulton, Golden and Noakes | were good enough to take charge of the l mountain army and manage Powers po- | Iitical affairs in January, but it suits the | purpose of the defense now to seek to inn | peach their veracity and character since | they had weakened and confessed the de- | tails of the conspiracy. Powers own ad- | missions on the stand, corroborating every 1 thing Culton had said, were sufficient to l hang him. the speker declared.
 Colonel Campbell continued: "All shrewd
 criminals, of which class Powers is one, | first arrange for an alibi. The mountain
 army was brought to Frankfort January
 25, and thinking it would perform its mur- | derous mission, Powers goes to bed at the
 house of John Davis, conspirator, but
 the foul deed Is not committed and Pow
 CTS leaves his bed and waits for another
 day. On January 3O the second appoint
 ed day, he dives deeper into the work of | establishing an advance alibi He goes