The Portland daily press., 1900-03-24
PORTLAND, MAINE SATURDAY MORNING. MARCH o. 1900

fsudant on the ground that the warrant
was fatally defective In not alleging that
the crime was committed iu franklin
county and did not even show the offence
to Rave been com mittsd In Kentuey.
Judge Moore overruled the objection to
the form Of the warrant.
Judge Denny aud W. q. Dunlap OF
Lexington were adued to the counsel for
the defense, which announced Its readi-
ness to proceed and called Augustus Mol
linger, q Covington undertaken, as the
first witness. He lid not answer and an
attaohmsnt for him was issued by the
court. Witnesses In the room were ordered
to retire and wsrs admonishsd not to
talk to any body.
Eph Lillard. warden OF the Frankfort
penitentiary was the flrss witness sworn.
be testified that he was with Senator
Goepsl and was just entering the state
houss when the shot was Cred. Hs turned
back from the state house and saw what
had happened. He looked toward the eJ-
eoutivs building aud saw that this second
window of the corner room was slightly
raised. This was the Office OF the secrs-
tsry of state. BE thought the shot had
been fixed from this room. There were
several other shots but, he said, they did
not come from the same place. The first
shot was evidently from a rifle while the
others seemed to be from pistols.
Policeman Winsste Thompson testified
that ns the crowd was carrying Senator
Goebsl out Of the yard, he saw armed
men at the entrance TO the executive
building and recognized John Davis and
Berry Howard among them. Detective
Armstrong OF Louisville said that Secre-
tary Powers refused to tell him who was
In the office of the secretary Of state at
tie time Of the shooting and declined to
say who was in charge, but said that be
(Powers) was out Of the city that day.
The court adjourned until 1.20 p. IN.
When court re convened Attorney Sims
demanded that the commonwealth fur
nish the defense the names Of witnesses
yet to be heard whether they have been
subpoeneed or not. Judge Moore finally
ruled that the common wealth must pro-
duce the list, and County Attorney
Potsgrove then gave the names of CbRrlss
Finley, Jim and Berry Howard. John
Bowers, Sid Barker, b. Wharton Golden
and DR.. W. X. johnson as probable wit
nesses.
Captain John +. Hawn Of arbourv!lle
testified to conversation with Powers at
BarbourVille previous TO the shooting In
which Powers asked him to turn over his
ammunition and company to Lieut. Glib
son. Previously HRwn had told Powers
he was not in political sympathy with
him. Secretary Powers said: "They are
robbing us a. Frankfort, continued
Hawn, .but he did not say why he
wautsd the military company az Frank
fort.
During Captain lawns examination
Gov. Brown made the point that man
cannot he convicted rs an aider CT cri ne
unless come principal Is convicted of the
crime. As the actual murderer Of .Goebel
has not yet been named, the pCint pos-
sibly involved the hserty Of Secretary
Powers. Judge Moore ruled against the
defense.
Captain W. b. Anderson, in whose
hotel at BarbOurville Secretary Powers
stopped, teItiied to q meeting there be.
tween Secretary Powers, Charles Finley,
John A. Black and others at which the
ssnding of men to Frankfort was under
oiscU ssion.
si'ss Jones OF Whitley county, testified
that Ha was ia the room leading to Gov.