The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-07-20

A check from Chas. Finley to the
L. and n. railroad for $1,000 for
transportation of the men to Frank
fort was produced by Block in re-
Spouse to a question from the prose
| cutiOn.
On crOss-eXaminatiOn Black said
that Finley claimed the mountaiueers
were being taken to Frankfort to Sin
f1uence" the legislature. Powers said
the purpose was to ''intimidate''
that body. At this answer, Col.
Campbell slapped himself on the knee
which brought forth an objection
from the defense to such a demon
stration in the presence of the jury.
Continuing, witness said he "never
heard Powers make threats against
Goebel, except in a general way. He
referred to the crowd he was getting
up as a mob.'
j. w. Siler, banker of Williamsburg,
was asked concerning 81, 900 loaned to
Chas. Finley for the purpose Of trans
porting men to Frankfort. Witness
could not give date of the check and
a subpoena iduces tecum was awarded
against the bank to require its pro-
duction in court. w. H. Culton, who
is himself under Indictment as an ac-
cessOry and supposed to be the star
witness of the prosecution for We'd
nesday, was called next.
The defense, through Mr.. Owens,
raised a point against the eligibility
of Culton as witness, he being I'M
der Indictment along with Powers
and others as a co-conspirator and
not having been tried. The jury was
excluded during the argument of the
point. Judge Sims presented the OBJ
jections of the defense to the COM
potency of Culton as a witness against
Powers. Mr.. Sims contended that
Culton could not be- introduced as a
witness unless the commonwealth had
previously nollied the prosecution
against him as a conspirator.
''In law" said Judge Sims, 'the acts
and declarations of one cOnspirator
are the acts and declarations of all,
and to place Culton on the stand is
substantially the same as requiring
the defendant TO testify against him
self.''
Commemorative Attorney Franklin
in response cOntended that the priv
ilege to testify or not to testify was
personal and exclusive with Culton
himself, and that the defendant, Pow
ers, had no right to raise the ques-
ton of eligibility.
At the conclusion of the argument
as to Culton's eligibility the court told
the lawyers on both sides to prepare
their authorities on the question in
volved and present them to him We'd
nesday afternoon. Court recessed.
Judge Cantrill Wednesday afternoon
ruled that while at common law
particip criminis could not testify
against a co-conspirator so long as
he himself remained untried, that
rule was abrogated under the law of
this state, and that Culton was a com
petent witness, the right to testify
being a personal privilege.
Culton again resumed the stand.
The court instructeS the witness
that he might or might not testify,
as he might desire, and if he did so
he was not required to tell anything
that would tend to eliminate himself,
but could refuse to answer such ques-
tions. He said he was testifying of his
own free will. Col. Campbell con-
Quoted the direct examination.
Georgetown, KY, July 19.-The
= Il
Powers was w. H. Culton, who is one
of the suspects himself. He told about
Powers raising the force of mountain
men, and that Powers said that when
the men arrived at Frankfort they
would give the democratic legislators
tests, land if they didn't settle it in
that time they would kill every id
one Of them"
Culton further said that Henry
Youtsey came to him and told him he
had found a way Goebel could be
killed and no one find out who did it.
Youtsey said it could be done from
the secretary of states office, and
showed some steel bullets. Witness
told Youtsey such thing should not
be done. EX-Gov. Bradley told wit
ness he had heard Goebel was to be
killed, and said it must not be done.
Witness saw Youtsey again, and the
latter said the idea had been aban-
doned. Culton said Powers distribut-
ed the money among the various cap
tains who were to bring the noun
taineers to Frankfort. Did not know
who furnished it. Gov. Taylor FUR
nished him the money to bring the
/ Jackson county crowd. Witness heard
w. r. Johnson, of Jackson county.
talking about killing Goebel with
nitroglycerine.
Intruders Peacefully Leaving.
Washington, July 19.-Agent Rand