The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-31
DEFENDANT : SIDE Of i.
CALEB, POWERS WAS IN THE BOX
ALL DAY YEsTER-
DAY
DENIES ANY i INTIMIDATION
Youtsey Had No Key to His ONCE
ON Day of Assassination,
but Davidson
Had.

today but did not complete his testinonv
| on direct examination lie will be on tba
stand all day tomorrow His defense is
an admission that he organized the body
OF nountaineers VINO went to frankfort
| on several occasions last winter to ne
tition the state contest board and the.
Legislature, but not to intinidate them
He entered a denial of the damaging
charges made against him by witnesses
Culton, Golden, Noakes and others. On
the stand this afternoon he denied that
Henry Youtsey had keys to his office on
the day of the assassination, but said
there were two keys to the office, one of
which was in the possession of former
Assistant Secretary of State w j. David
son. and another in possession of Ben
Rowe, Gov Taylors colored porter
Powers says neither of these keys were
ever in his possession and that he had.
his own key in his pocket in Louisville
the day the assassination occurred
Davidson is in the Tar West, supposed to
be in the state of Washington, and Row.
en-, the colored porter, is somewhere in
Indiana, probably at Anderson.
MORNING SESSION.
In the trial of Caleb Powers. charged
with being an accessory before the fact
to the murder of William Goebel, which
was resumed today, the defense opened
It's side of the case with motion fol
peremptory instructions for a verdict or
acquittal. The motion was sumbitted
without argument. and was promptly
oVerruled by the court.
Attorney Faulkner stated the case for
the defense. He said the defense win
snow that the contests over the state Of
fees were not tried on Judicial lines, but
on partisan basis, and that politics
were responsible for the present. prosecu-
tons He intimated that the prosecution
knows the identity Of the assassin. but
has concealed him. lit VIII be admitted,
he said, that Caleb Powers and Charles
Finley organized and brought toSFrank-
fort the crowd of mountain men who
arrived there Jan. % but, that this was
only to petition the legislature and not
to intimidate that body. He declared
they were not bad men, and charged the
Democrats with having large bodies of
men in Frankfort to back up the con-
testants. He said Powers had in his
pocket at the time of the killing the
keys to his office, which the prosecution
alleges had been given to Youtsey; that
Powers never conferred with Youtsey.
Henry Howard Jim Howard, Green Col
den or Dick Combs, and that Jim How
ard was not on the capitol grounds until
after the killing. 1t would be proved,
he claimed, that Weaver, one of the main
witnesses for the prosecution, was never
in Frankfort until yesterday; that Fin
ley, Anderson and Robert Noakes testi-
fed for money, and w. H. Culton in the
hope of obtaining immunity from prose-
cution, and that Wharton Golden's evil
dence also will be successfully contra
dicted 'ItY-ft sxla 1~t4..s
DEFENDANT ON STAND. 80
The defendant, Caleb Powers. took the
witness stand. He declared that he new
er knew Jim Howard, Harland Whit
taker or Richard Combs, three of the
defendants, prior to the assassination
He had only known Youtsey since Jan. 1.
In regard to the bringing of the noun
tafneers to Frankfort the witness said:
There were three crowds of men
brought to Frankfort, and I had some
thing to do with the organization of each.
: The purpose was to show the interest
of these people in the matters at issue
at that time. and not to .intimidates either
the state. election board or the legiSla-
ture, INSTRUCTED the men to do no acts
OF, violence, and. SO far as l know, none
were committed by them. -
THEY WE'RE WITNESSES.
Powers continued:
The last crowd of mems were brought
FOR a double purpose. We expected to
use them as witnesses before the contest
board and also to show by their pres
ence the interest they felt in the CON
tests. We also had heard rumors that
we were to be forcfhly, elected from the
of1ces. These rumors ] based on news
Violence = -szf5fi
Mr.. Bradley of COUNSELLOR the prose-
cutlon' objected to this statement, and
asked that 1T be excluded on the ground
that the newspaper reports could not be
given in evidence The court ruled that
1t was incompetent for the witness to
detail newspaper reports. ,or tell of APP
prehensions which he based on common
rumor.
Continuing the witness said he had re-
ceived information that Mr.. Hill, the con-
testant for secretary of state, would not
wait until the contests We're settled in
court, but would undertake to take fore
ible possession as soon as the contest
board acted
IF that sort of thing he said, "had
been attempted, we intended to hold the
offices. 1 had conference with Gov.
Taylor, and he advised the bringing of
large body Of men to show their in
terest In political affairs. He also adj
vfsed that they be brought armed, and
promised to pay the expenses. I acted
on this. The plans We're kept a secret, -
he said, ito prevent dropping us through
bridge or derailing our train told
those in conference. he said 1.-The ut
most secresy must be observed in getting
them there before the news got out"
AFTERNOON SESSION.
The witness told Of a conference at the
home of Postmaster Clay Elkin, at Lex
ington, at which the witness and others
participated. This was the Gay after
Representative Berry was unseated.
Those in the conference decided the vote
had not been properly taken and Berry
should refuse to give up his seat Gov.
Taylor was told of the plan, but disap-
proved of it and Ferry made no attempt
to hold the seat On the following day
the witness said he intended to go to
Louisville to make arrangements for the
transportation of some of the mountain
men, but did not get off that day. He did
not give Youtsey key or keys, nor did
he hear a conversation with John Pow
ers and Golden in reference to Goebel go
ing to be killed by Ta1loW Dick Combs
He did meet YoutseyEin the hall of the
legislative building and Youtsey asked
him to let him into the Office Witness
did not know why Youtsey wanted to get
in, but witness did not want him in there
Witness had his keys in his pocket
Previous to his occupancy of the Office
there were three keys to- the door only
one of which was turned over to him.
w. j. Davidson is said to have had one
OF the keys and a negro porter is said
to have had the other during Finleys in
cumbency Of the OFFICES but witness never
had but one key. He tailed with Treas
urer Day and w. ]. Davidson Monday
evening, Jan. 70, about bringing another
body of men to Frankfort, but did not
decide until Tuesday morning, the morn
ing OF the assassination. sit was agreed