The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-30
DEFENSE OUTLINED.
BY Attorney of the Accused in
the Goebel Murder Case.

Georgetown, KY, July 30.-The trial
of Caleb Powers charged with being an
accessory before the fact to the murder
of William Goebel, was resumed at 9
o'clock. The jury was polled and then
excluded during which Governor Brown
for the defense made a motion for per-
emptory instructions for a verdict of
acquittaL The motion was submitted
without argument and was promptly
overruled by the court.
The defendant occupied his customary
seat among the attorneys for the de-
tense and seemed to direct for the most
part the movements of his counsel
A large number of witnesses for the
defense, including Ex-Governor W. o.
Bradley. arrived this morning.
Lawyer Faulkner of Barbourville
stated the case. giving the line of evil
dence for the defense He reviewed the
political events for the last nine months
and said the defense would show that
the contests over the state offices were
not tried on judicial lines. but on a par
tisan basis and that politics was respon-
Eible for the present prosecutions He
intimated that the prosecution knows
the identity of the assassin but has con-
cealed him. He said ii would be ad-
mitted that Caleb Powers and Charles
Finley organized and brought to Frank
fort the crowd of mountain men who
arrived there January %, but that this
was only to petition the legislature and
not to intimidate that body. He claim
ed 1t would be shown that the men who
composed the mountain army were not
bad characters as charged by the other
side and he charged also that the Demo-
Gratis at that time had large bodies of
men in Frankfort to back the contest
ants.
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 even conferred with Youtsey,
Berry, Howard, Jim Howard, Green
Golden or Dick Combs, and that Jim
Howard was not on the capitol grounds
till after the killing. It would be proved.
he claimed, that the witness, F. T.
Weaver. one of the main witnesses of
the prosecution, was never in Frankfort
till yesterday, that Finley Anderson and
Robert Noal1es testified for money and
w H Culton in the hope Of obtaining
immunity from prosecution and that
Wharton Golden would also be success
fully contradicted.
The defendant. Caleb Powers. took the
witness stand Witness never knew Jim
Howard. Harland Whitaker OF Richard
CoOmbs, three of the defendants, prior to
the assassination Had only known
YOutSey since January l.
In regard to the bringing of the noun
tanners To Frankfort. the witness said:
There We're three crowds of men
brought to Frankfort and I had some
thing to do with the organization of
CdSh- Inc P0l BOSc was TO snow the IN
terest of these people in the matters at
issue at that time and not to intimidate
either the state election board or the
legislature instructed the men to do
no acts of violence and 50 far as know
none was committed by Them
Witness continued: THE last crowd
of men were brought for a double pur-
pose We expected to use them as wit
nesses before the contest board and also
to show by their presence the interest
they felt in the contests We also had
heard rumors that we were to be forci-
bly, elected from the offices. These rtl-
mors. based on newspaper reports and
we intended to resist violence
Mr. Bradley of the prosecution object
ed TO this statement asking that il be
excluded on the ground that newspaper
reports could not be given, in evidence.
The court ruled that it was incompetent
for the witness to detail newspap per re-
port or tell of apprehensfons which he
based on common rumOr.
Continuing, the witness said he had
received information that Mr. Hill. the
contestant for secretary of state would
not wait until the contests was settled
in court but would undertake to take
forcible possession as soon as the con-
test board retired. II that sort of