The age-herald., 1900-09-21
DID JIM HOWARD
 HAVE A MUSTACHE Question of His Liberty Rests on
 That Point. TRIAL DRAGS ALONG SLOWLY Defence is Resting Its Case on the Alibi Claimed for Howard, and Pay
 ing No Attention to
 the Prosecution
TRIAL DRAGS ALONG SLOWLY

Frankfort, Ky, September O.-Dlu Jlin Howard have a moustache on January SO! On that question ip a great measure de- pends his liberty, perhaps his life. The w.t. nesses for the defense, including the de- fendant himself, all state that on January g and several days before his face was clean shaven. Bowman Gaines, Ben Rake and James F. Daly, who have identified Howard as the man they saw on the 30th of January, swear that he had mustaohe.
 There goes Jim Howard clean shaven and better dressed than any man In town; If he keeps on that way we will never De able to prove he is fool" According to ms testimony today, Senator Ed Parker made that remark in London on January E, where he saw Howard on the street. MT. Parker explained that the reason he had said this was that Howard was then at London to appear for trial for the murder of George Baker, and his plea was to be in- sanity. The defense Is resting its case on the alabi claimed for Howard, and Is not paying any attention to the claim of the prosecution that the shot came from the Secretary of States office, and other col lateral matters which figured largely in the trial of Caleb Powers.
 CfOBb Gxi imibatiou So"piesSo
 The cross-examfnaton of James Howard was completed this morning by Colonel Campbell. Campbell tried to get the wit ness to acknowledge that he feared his enemies, the Bakers and the Garrads in Clay County, who were organizing to cap ture him, and that this induced him to come to Frankfort and surrender himself for trial on the indictment for him. He stoutly maintained that this was not true. He also denied that he showed Culton smokeless powder cartridges)on January 3O and said he never had such cartridges in his life. He also denied having told Dep uty Warden Hearn and other prison off cials he was standing on the street in front of the capitol square when Goebel was shot.
 Judge J. H. Lindsley of Borbourville was next called. He corroborated Howard as to conversation with the latter when he arrived at London in February to appear for trial for the murder of George Baker He did not say to Howard: "I want to congratulate you on what you did at Frankfort. I heard of 1t through my son Ed" He did shake hands with Howard and told him his son had spoken of meet ing him at Frankfort and had formed an attachment for him. Judge Lindsey was one of the counsel for the defense in the Powers conspiracy trial. His son was an officer in the Barbourville militia company on duty hePe after the assassination and Howard ate with him and other soldiers while here.
 Did Not Wear a Mu tache
 F. c. Day testified to having seen How ard in London on January 29, and that .at1 admitted that he had gone to a man named Salisbury and told him to warn Senator Goebel that his life was in danger and not to mention his Oays) name.
 Sheriff Beverly White of Clay County testified that he received letter from his brother, J. c. White, stating that now was the time for Howard to try for a pardon from Taylor, as Goebel would be Governor in the next ten days. The witness stated that on his way to Louisville January 29 and 30 Howard accompanied him as far as Frankfort and that the last he saw of him Howard was standing in front of the Board of Trade Hotel there. Howard was then clean shaven.
 Ex-State Senator Ed Parker testified that he saw Howard a few days before the killing of Goebel, and Howard did not have mustache. He introduced Howard to Tay- Tor after Goebefs assassination. Howard asked Taylor for a pardon Taylor said he could not consider pardon then.
 Ministers Wife Testifes
 Mrs. John Stamper, the wife of Baptist preacher and sister of Wharton Golden was introduced for the purpose of contra dieting the testimony of her brother on several points. Rev. Mr. Stamper fol- lowed her on the witness stand and made an interesting witness. He also contra dicted Golden, and the prosecution endeav- ored to show that he had become an ally of the defense for pecuniary considera- ton It was also brought out that Rev. MT. Stamper had been active on the side of the Republicans last winter, and that he had part in bringing the armed moun- tain men here. He admitted that he urged the men to come armed, and said he wrote to Caleb Powers offering to raise personally 300 men in Scott and other counties In this section to aid Powers and others in hold ing possession of the offices then in con- test. He also corroborated the testimony of Mrs. Stamper, and told of various re- marks which he says Wharton Golden made to him. to the effect that Golden was to receive money for his confession.
 Attorney Noble Lindsay testified in the capacity of a notary public that he admin istered an oath to Jim Howard in Cover nor Taylors office on January 31. The statement sworn to by Howard was that he heard threats against Taylor's life.
 Aearsay Evidence Refused
 Representative J. A. Mahaffey, a Repub- 
 he did have conversation with Culton in which he said:
 That for reasons of information he had received, but which he could not tell, he thought he knew who killed Goebel" and also that he told Culton that Howard was the man, but he said this statement was not based on anything Howard told him. It was merely his opinion, based on hear say. The court refused to allow the wit ness to tell what he based this on, and also excluded the statement as to the con- versation Dr. Mahaffey said he knew nothing as to who killed Goebel.
 l.. F. Sinclair of Georgetown testified that Wharton Golden. before he turned states evidence, said to him. "Culton is making a damned fool of himself by talk ing. He could get money out of 1t, as am doing"
 Capt D. B. Walcutt who was in charge of the military company which was called out immediately after the assination, was on the stand when court adjourned.
 REMOVAL,