The age-herald., 1900-10-09
ALL. EFFORTS HAVE
 UTTERLY FAILED
The Powers Cannot Induce the Chinese Imperial
 Court to Return to Pekn.

spot or to the victim need De examined. With this understanding Attorney James A. Scott of Frankfort was called as the first witness
 Scott said Youtsey talked to him in his (Scott's) house about his connection with the shooting, but said nothing about em- pioylng him as his attorney; that nine or ten days later Youtsey did come to his of- flee and asked him to 'stand by him;' that he (ScotD replied: "I will stand by you if you are right" The defense here objected to Scott testifying, because the relation of attorney and client prohibited it. The jury retired, and a discussion followed as 10 whether or not Scott must state what Youtsey said in the first conversation Scott said he told Youtsey at the second conver- sation that he would not defend any man charged with Goebers murder. Judge Can trill called Scott up on the bench, and after long conversation with him decided that Scott could not testify
 z, T. Thomson, a Frankfort politician, told of running to Goebels body and help Ing to carry it to the Capitol Hotel The first shot he said, sounded as if fired by smokeless powder lie sand he had hunted much, and was acquainted with the diff ference in sound between smokeless powder and black powder. He told of finding the bullet in the hackberry tree ten days or more after the shooting.
 pr. T. K. Welsh, State Senator from Jes- selhiHeJ tOlu Ol d post nOTIem eXamlna- ton of the wound in Goebels body made by him and Dr. Hume of Elizabe thtoWn. The bullet entered the side near the arni- pit, went directly through and came down the hand, which it entered; that pieces of bone driven into the lung indicated uner- rng1y that the bullet entered on the right side front. Dr. E. F. Hume of Frankfort corroborated Wech
 Mckenzie Todd. private secretary to w. s. Taylor in January, said:
 ''On Saturday. January q. my attention was called to Youtsey by Treasurer Day in the reception room of the Secretary of State. He was sitting by the middle win dow with Q gun in his hand. I had just en- tered the room. I had seen some armed men in the hail. and they had said there was trouble in the Legislature Later in the day I saw him in Caleb Powers pri- vate office with a gun sitting by the win dow The window was raised a little and the curtain pulled down. He said: There is trouble up there,' pointing to the legis- lative building. I don't intend to start any trouble, but if it starts will be pre- pared for it. He pulled back long board standing against the wall, disclosing some guns, and said to me: They say Powers is a brave man. but when there are signs of trouble he hides his guns
 '5ust alter that Powers himself came In and Youtsey again said he would not start anything, but was prepared for trouble. told him he ought not to think of shoot ing out that window, and Youtsey said That's right it would never do: I left Powers and Youtsey in there when l came out 1 saw Youtsey on the Monday morn ing before Goebel was shot. He was Tn the main hail near the west door of the executive building. Caleb Powers was pres ent and Youtsey asked me if we had any chance to win the contest When l told him the attorneys were hopeful he seemed satisfied and walked toward his office. my lsONpInOrS office when the shot was fired. Some one said a man was shot 1 looked out my window and saw man lying on the pave ment with Col. Jack Chinn near him.
 Court here took a recess until 7:S0 p. m
 At the night session Todd resumed ms testimony, saying:
 When l went to Powers private office, the day Youtsey was in there, the door was locked and 1 knocked to get in. About ten minutes after the shooting l saw foutsey In my office, which Is the reception room to the Governors office. l heard him say nothing and saw him have no arms"
 Todd was not cross-examIned by the de- fense. Frank Purcell Of Cincinnati, an employe of Adams Express Company, tes- tihed that he received and receipted for package sent y the Powell and Clemens Company to Henry Youtsey on January 2, and started the package on its way to Youtsey at Frankfort, Ky
 Frank H. Johnson, who was deputy State auditor in January, said he had conversa- ton with Youtsey prior to January 30, and while he recalled the talk rather indistinc- ly, he remembered that Youtsey said some thing about feeling aggrieved at Senator Goebel over some matter about which he said Goebel had mistreated him.
 He did not remember what it was that loutsey thought he had been mistreated about. Witness said that Youtsey ran into the auditors office about noon on January 27, with a gun in his hand, and said:
 You boys had better get your guns, as there is row on and all of you will be killed"
 Witness said he told Youtsey to put his gun up, as he might hurt somebody, and that some of the clerks in the office took the gun away from Youtsey. The defense de- clined to cross examine Johnson, who was afterwards recalled by the prosecution and said that after the shooting he called up all the clerks in the auditors office and asked them about the time of the shoot ing, and that when he asked Youtsey where he was Youtsey said: q was in a safe place."
 Witness said a week or ten days later he asked Youtsey again where he was when the shot was fired, and he told him that he was in the basement of the executive build ing; that he was troubled with hemorhoids and had to remain in the toilet room every day for considerable time.
 MT. Bergman and John Mclean, who were
  were fired, both said 1t sounded as if the shots came from Powers office. Eddie Steffie, the Telegraph messenger, said he saw gun barrel sticking out of Powers office window a second or two after the shot was fred the gun was withdrawn a second later and he saw smoke. Ed P. Thompson, Jr., who was opposite the east entrance to the executive building when the shots were fired, said minute after the shooting he saw Youtsey run around the utive building from the basement entrance, and go in the east entrance.
 J. B. Matthews, assistant secretary to Powers, said Youtsey came into his office about a minute after the shooting with a pistol in his hands. Some ten minutes after the shooting Matthews broke open the tran som and climbed into Powers ofice saw a rifle lying on the floor near the west front window, another leaning against the wall and carbine in the southwest corner next to the bookcase. He said after Yout- sey was arrested he told him that he knew the front window in Powers office was not | raised, but bolted down on January 30.
 Wade Watts and Louis Smith, keepers of | the toilet room in the basement, told of |