The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-24
Eph Lillard and Others Threshcd Over
the Old Chaf That Has WinnOwed
Through the Press.
COURT WAS WELL GUARDED
SOLDIERS AND DEPUTIES IN AND
AROUND THE TRIBUNAL.
Golden to Be a Witness-Marshall and
Other kentuckians Explained
Matters to the President.

FRANKFORT, KY, March 23.-The pre-
liminary examination of Secretary of State
Caleb Powers, charged with abetting the
assassination of William Goebel, began
to-day before Judge Moore. The court
house was guarded, inside and out, by
militia and scores of deputy sheriffs, armed
with Winchester rifles. to prevent possible
interference from ''mountaineers' who
were reported on their way to Frankfort.
but their presence was unnecessary, as the
mountaineers failed to appear and no dis
order occurred.
The witnesses to-day included Warden
Eph Lilliard. Detective Dee Armstrong.
Sheriff Bosworth, of Fayette county, who
arrested Secretary Powers and Captain
John Davis, and Silas Jones, who Is now
under bonds charged with completely in
the murder. The testimony tended to show
that the shots came from that section of
the executive building I'm which Secretary
Powers's office is located, although no one
swore that the shots were from the secre-
tary's office. Prosecuting Attorney Polls
grove said tonight that sufficient evidence
had already been heard to warrant hold
ing Powers, but that the case would be
much stronger before he was through. On
the other hand, former Governor Brown,
for the defense. expressed himself as we'll
pleased with the situation, regarding the
evidence, so far, as decidedly weak 1t is
probable that all of the witnesses for the
prosecution will be heard tomorrow aft
ernoon.
An incident occurred during the afternoon
that showed the feeling and also how the
people are prepared for emergencies. A
soldier in the rear court yard dropped his
revolver on the stone tagging and it ex-
ploded. In an instant every man in the
crowded courtroom was on his feet, fully
third of them with their hands to their
rear pockets.
Judge Moore convened his court at 10
o'clock. The prisoners, Republican Secre-
tary of State Caleb Powers, w. III. CuIton
and John Davis. were brought into the
courtroom and took seats by their coun-
sci. The commemorative witnesses were
called, numbering forty. The name of Ser
geant Golden was not in the list. At the
conclusion Of the call of commonwealth
witnesses, County Attorney Polsgrove an
nounced that he was ready for the trial in
the case of the commonwealth against
Powers.
MOIION III DISMISS.
Ex-Governor Brown read the warrant
against Powers charging him with being an
accessory to the murder Of William Goebel,
and asked dismissal of the defendant on
the ground that the warrant was fatally
defective in not alleging that the crime was
committed in Franklin county and did not
show the offense to have been committed
In Kentucky. County Attorney Polsgrove
said the warrant followed the lines laid
down In the criminal case. Judge Moore
overruled the objection to the form of the
warrant. The defense announced itself
ready for trial, and called August Munin-
ger, the Covington undertaken. as the first
witness. He did not answer, and an at
tachment for him was issued by the court.
Ex-Governor Brown asked that the wit
nesses be excluded from the courtroom
Judge Moore ordered the witnesses to re-
tire, and admonished them not to talk to
anybody on the outside. Judge George
Denny and w. c. Dunlap, of Lexington,
who had been added to the list of attor-
neys for the defense. took seats with their
associate counsel.
Eph LiIlard, warden of the Frankfort
penitentiary, was the first witness sworn.
He was with Senator GoebeI when the lat
ter was shot. He walked ahead of Senator
Goebel and was just entering the State
house when the shot was fired. He turned
back from the Statehouse steps and saw
what had happened. He looked toward the
executive building and saw that the Sec
ond window of the corner room was slight
ly raised. This was the Office of the Sec
retary of state. He thought the shot had
been fired from this room. There were
several other shots, but the latter did not
come from the same place. The first shot
was evidently from rifle. while the others
seemed to be from pistols and were not so
clear and distinct the first.
Cross-examined by Ex-Governor Brown,
Lilliard said he saw nobody in the room
from which the shot seemed to have been
fired. and he didn't see any one in the
main door or on the steps of the building
at the time of the shooting, Asked If he or
Jack Chinn, who was with Goebel drew
a pistol, he said: 81 didn't draw my pis-
tol, and 1 didn't see Chinn draw one 1
don't think he did,
Policeman Wingate Thompson testified
that he not in the Statehouse yard
when the shooting occurred. but arrived
as the crowd was carrying Senator Goebel
out of the yard. He saw armed men at the
entrance of the executive building. and
recognized John Davis and Berry Howard
among them.
Detective Dee Armstrong. % Louisville.
said that after the military authorities al
lowed the detectives TO enter the executive
building. several days after the shooting.
he visited the various state officers for the
purpose of securing the names OF persons
who were In the building at the time of the
shooting. He said Secretary Powers re-