The age-herald., 1900-08-11
END OF POWERS
 TRIAL IN SIGHT The Defense Concluded Its Tes- timony Yesterday. JURY TO VISIT FRANKIE OR l The Members Will Have to Decide Which Side Has Been Using the Largest Amount of Perjury During the Trial
JURY TO VISIT FRANKFORT

fense in the case of Powers, ex-Secretary of State, charged with being an accessory before the fact in the Goebel assassination, rested the testimony for that side at 2 o'clock this afternoon.
 The prosecution Introduced several wit nesses in rebuttal this afternoon and ex- pect to conclude tomorrow, but this is not certain The jury will be taken 10 Frank fort either Monday or Tuesday to view the scene of the tragedy. The jury, when It comes to study the evidence, will not have to decide the euestion>as to which side has dealt in perjury, but which side has been burdened with the largest amount of that product, it being concluded that perjury has been indulged in in large quantities by somebody for the last few days, during which contradiction and impeachment were the leading features and which will possibly keep up until the close of the trial.
 Ex-Governor Brown, leading counsel for the defense, said tonight that in his opin- ion the State had utterly failed to make out case against Powers, and that the jury would be compelled to bring in a verdict of acquittal There are few who believe the trial will result in a conviction, but a majority of the people anticipate a hung jury. The lawyers for the defense insist that they are entitled to verdict of acquittal, but do not anticipate the jury's verdict by giving out such state- ment.
 The Evidence
 Mrs. John Davis, the wife of one of the defendants charged with being an access sorry to the Goebel assassination, was the first witness introduced by the defense in the Powers trial today. Commonwealth S Attorney Franklin interposed a formal ob- jection to the eligibility of the witness, but the court ruled she was competent wit ness.
 Powers boarded at her house John Pow CTS was also there January 25. She testi- fled that the latter was ill in his room at her house that day, and did not leave his room after Il o'clock that day. This was in contradiction of the testimony of Robert Noakes, who told of an alleged conversa- ton with John Powers at the Statehouse. in which he said the latter told him ito stay close to the building as something was going to happen as soon as Goebel and those fellows came down."
 Solomon Wilder of Whitley County testi- fled that Robert Noakes was at Corbin in March and asked him not to tell anybody he was in town, as he might be arrested in connection with the assassination con-
 
 Caleb Powers innocent. He said the mem- bers of the Noakes military company at Corbin instead of being desperadoes, as Noakes had alleged, were mostly good men.
 On cross-examination it developed that Wilder went to Frankfort in December with Noakes and the other armed mountain men at the time of the meeting of the State election commissioners Noakes gave him and the other men their transporta- ton. Did not go to Frankfort With the two train loads of mountaineers, in which Noakes and his company went January 70, but heard them when they returned. They were drunk and firing their guns prom1scu- ously.
 Noakes' Muster Roll
 MT. Golden picked out of the muster roll of Noakes' company the names of number of the company. Witness told of various crimes for which they had been tried, murder being the charge in several in- stances.
 On direct examination Wilder had testi- fled that John L. Jones of the Noakes military company was a man of good char acter. On cross-examination he said that Jones had been twice convicted of mur- der and sentenced in each to life impris- onment, but was pardoned.
 The defense then asked to be allowed to offer as evidence the act of the Legisa-
 
 of aiding in the search for and prosecution of the assassin or assassins of William GoebeL The prosecution offered no objec- tion and the act was made part of the testimony.
 Walter Day, Republican State Treasur- CT, testified that Youtsey sent for him the day before the shooting. He went to see Youtsey, and the latter told him that for $3OO he would accomplish it, but the latter would only say for that amount he would settle it. Witness said to Youtsey: T am not that kind of a man." and re- fused to confer further with Youtsey about it.
 Day to Secretary of State Hill was pro- duced. The defense objected to 1t being introduced and the jury was excluded dur ing argument over it. In the letter Day states: T will make a good witness for the commonwealth, and 1 want you to go to sec Prosecuting Attorney Franklin and tell him l want to go on the stand and tell all I know about the case''
 The letter expresses the opinion that Youtsey is the guilty party
 The Letter Admitted
 The court admitted the letter as evil dence.
 After the reading of the letters Day also told of seeing Youtsey in the Governor S reception room stopping by window, and W1th gun In his hands. The defense rested.
 Rev. John Stamper who testified for the defense several days ago, was the first wit ness called by the prosecution in rebuttal. He was recalled for the purpose of laying the foundation for contradiction. He de- nied that he told several people several days after the confession of his brother in-law, Wharton Golden. that he believed the latter had told the truth; that he did not want to fall in the hands of the other side, they might do him harm, He ad- mitted that on the occasion referred to he accompanied Golden and the other parties to Frankfort, and that he borrowed pis- tol from Chief of Police Lusby.
 A question by MT. Bradley as to whether the witness had not at that time said that he was very much in sympathy with the prosecution, was objected to by the defense and the jury was again withdrawn
 MT. Bradley said the purpose of the ques- ton was to show the interest of the wit ness in the subject matter, and subsequent fy to show that the witness had changed his sympathies to the defense, saying he had received money from representatives of that side. The proof, he said, showed that Stamper had been playing fast and