Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-08-09
The TRIAL OF POWERS
A Piece Of New Testimony Broaght
Out which Did Not Appear to Ex'
tOrney Asks an Investigation Of
"TaIIow Dick Curtis Confession
Youtsey Had a Rife Few Minutes
After the shooting.

After the SnOOk1HX.
Georgetown, KY, August "a piece Of
new testimony was brought out to-day at
| the beginning of the fifth week In the
| trial Of Former Secretary of State Caleb
Powers charged with completely in the
Goebel shooting. z. r. Bullock, OF Lex
ington, swore that he was in the Ad)u-
| tant-GeneraIs office when the fatal SHOTS
were fired. He stepped out and saw man
in a stopping position behind the public
fountain near by. Bullock could not tell
whether the man was white or black. ana
did not know what became of him. Bull
lock declared that he saw Colonel Jack
Chinn walk rapidly into the State House
as he stepped from the Adjutant-Gene-
rails house. Apparently Bullock's state
ments did not excite much interest.
Captain D. B. Walcott, who had charge
of the Frankfort militia, was sworn to-
day. He said the company was on duty
at the State Capitol the day the Les1sla-
ture met and throughout the session. but
denied that the soldiers were lined UP
ready for marching orders when the as
sassination occurred. He said they were
equipped with guns and side arms, but
this merely happened so.
r. c. O. Ben jamin, negro attorney,
representing "Hallow Dick Combs, and
whose client it has been repeatedly as
serted, recently had made an alleged con-
fession asked Judge Cantrill this alter
noon to be allowed to make motion at
the regular hour tomorrow to have an in
vestigation of his conduct in the matter
of the confession of Combs, in which he
had been charged with betraying secrets
of the prosecution. Judge Cantrill inform
ed him that an Investigation would not be
necessary. Benjamin then gave out an in
terview in which he says that the COMBS
reported confession was made In the
presence Of himself, Commemorative At
torney Franklin and Victor H. Bradley, OF
the prosecution. and that Combs made ali
the statements attributed to him except
as to the amount alleged to have been Of
fered Hefker Smith to kill Goebel. Combs
nephew stated that he had made vain
search for Herker Smith and he thinks
Herker Smith is in either New Orleans or
San Francisco. Benjamin said he had con-
.cIuded it was due to his client to tell all
he knows as long as he cannot find Her
ker Smith who told Combs all that the
latter knows about the assassination.
Captain p. 3. Golden. and other repre-
sentatives of the prosecution conferred
with Green Golden. enc Of the alleged ac-
eesSOries, in tie Frankfort jail yesterday,
and lnGIp Is Il DOSSltiHIy Una NIOlbS1l may
be introduced in rehUttal to the evidence
Of the defendant. At the afternoon session
Ex-Governor Brown for the defense,
made A long argument in support of his
position that the defense was entitled to
chow in evidence that the occupants of
executive building, after the assassi-
nation heard threats on the part of the
populace, and that they acted upon this
in arming themselves and excluding the
Ito nd civ hIIil6-
ing.
The prosecution argued that the Com
monwealth should not be entailed with the
burden of introducing threats that might
or might not have been made by ire
sponsible parties, and that this character
of proof could not be offered in justitica-
ton of the course of those who had pos
session of the building The court ruled
that the witness might relate any specific
threat which he himself heard, but that
he could not tell of common rumor or
threats which had come to him second
hand. The defense reserved exception
to this ruling.
Stuart Stout Governor Taylor's steno-
grapher. told of Youtsey coming into the
executive office carrying q rifle few
minutes after the shooting. Governor Tay
lor was not armed when he first came into
the office but went back and got piS-
tel
nharton Golden was recalled for the
third time and was asked if he had told
]. M. Owens, in the presence of j. G.
Owens, that "Powers was innocent, but
that they could take 800 coo ID hang the
Saviour and all the apostles.
Golden said he never said it to Owens or
any else.
j. NJ. Owens was then G., lied, but the
court excluded the greater part of his
testimony, on the ground that the de-
Tense had examined Golden on this mat
ter.
F. Clay Elkin, postmaster at Lexington
testified to a conference between Pow
ers the witness and other Republican
leaders after Representa- tive Berry was
unseated. He said it at one time de-
cided that Berry should attempt to hold
his seat. on the ground that the vote
Ousting him was Illegal, but this was
abandoned. He denied that it de-
cided at any time to precipitate a conflict
in the House over this matter.