The age-herald., 1900-05-02
CHANCE OF VENUE
 HAS BEEN GRANTED
Judge CantriII Allows Petition of
 Powers Et As.
COUNTY IS NOT DECIDED ON
Tle Hearing of Proof in Motion for Bail Will Begin Today-W. H. Gull ton Did Not Ask Change
 of Venue

Frankfort Ky, May 1-After hearing the testimony of about forty witnesses and brief arguments by counsel for both the prosecution and the defense, Judge Cam trill today granted the petition of five of the defendants charged with complicity in the Goebel assassination, for changes of venue. Those who joined in the petition were republican Secretary of State Caleb overs Captain John W. Davis, II. E. Youtsey Harland Whitaker and Rishard , Combs, colored.
 The attorneys failed to agree upon what county the venue shall be changed to- The defense suggested Bourbon county, where : the next term of court begins the second Monday in June. The prosecution objected to going to Bourbon county, basing the objection to statutory grounds, and sug- gested a special term of court to be held for the exclusive purpose of these trials in either Woodford Scott county. Judge Cantrill took the matter under advisement, and will decide tomorrow to what county the trials shall go.
 The hearing of proof in the motions for bail for these defendants and also for w.. H. Culton, who did not ask for a change
  ing to the present outlook will take up the remainder of the week. The proceed ings of the court today were mainly tedi- ous and uninteresting. All of the witnesses who testified were democrats the defense declining to introduce any witnesses though large numbers had been sum moned for that side. The motion was ar gued by Colonel T. C. Campbell and Judge Williams for the prosecution and by MT. Kinkead and Colonel Nelson for the de- fense and was granted at the conclusion of the argument -,fs.
 An Exc ting Inc dent
 While one witness was being examined this afternoon an incident occurred which made a strong point for the defense, as showing the extent of political feeling. Richard Kirk, farmer, testified that in his opinion a fair trial could be secured here as well as in any other county of the state. As he left the stand ex-Governor John Young Brown, who was conducting the examination, said:
 MT. Kirk, I forgot to ask you, what are your politics?"
 The witness, facing the ex-governor, said:
 My politics now is the same as yours used to be, when you were governor and I hauled hay for you
 This reference to the late gubernatorial 1 cdnuludte Ol lHe aHtl-1oeD6l utIioCldtS the campaign of last fall caused a der~ la- stration in the court room. The court of ficers pounded vigorously for order, Judge Cantrill in a vigorous statement, admon- ished the crowd that repetition of the of fense would be followed by an order from the court clearing the court room. Governor Brown filed an exception, bas- ing it on the incident, and called attention to it as an evidence of the heated state of public feeling here.
 Jud se CantriiI's 'tatempnt In granting the change of venue Judge Cantrill said: q concur in the expression of opinion as enunciated by every witness that has been on the witness stand for the commonwealth. My individual opinion is that these defendants could procure in this county fair and impartial jury to try the case according to the law and facts submitted to them; yet thas IS not the con- trolling feature which will govern the court in passing upon this motion for an application for a change of venue. Per sonally and officially, know the condition of affairs now existing in the city of Frankfort I have known it since the 1st of January and as matter not only for the protection of the counsel, the court and the defendants this court would not undertake, with an armed mob assembled in the state house square, to try sheep- killing dog in this community with that state of affairs existing, and 1t certainly would not undertake to try any man for his life under these existing circumstances against his protest.
 "In addition to this the court abhors the idea of going into criminal investi- gation before jury with even the jail protected by the militia. The court is not advised, and cannot even imagine how long this state of affairs will exist Tn Franklin county and in order that these parties may have a speedy trial if they so desire, it is the duty of the court to grant this application. You gentlemen can con- fer and see whether you can agree upon a county, if you desire to confer as to where this change of venue will go."