The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-08-14
POWERS TRIAL ENDS.
All but the Battle Between
the Lawyers.
When Their Arguments Are Concluded and
the Case Goes to the Jury Youtsey's
Trial viii Begin.
(By the Associated Press.)

Georgetown, KY, August 13.-The hear
tary of State Caleb Powers was con-
cluded today and tomorrow the argument
before the jury will begin. There will be
five speeches on each side. Those who
will speak in behalf of the prosecution
are Commonwealth's Attorney Franklin,
T. C. Campbell, John K. Hendrick, Victor
+. Bradley and Captain B. B.. Golden.
Those who will argue the case for the de-
PENDANT will be Ex-Governor Brown, J. c.
Sims, Judge ]. H. FINLEY, ex-Congressman
Owens and Judge George Denny. The
case is expected to reach the jury by
Saturday. Judge Cantrill announced that
the Youtsey case will be taken up i'm
mediately. The jury was taken to Frank
fort this afternoon and spent an hour in
viewing the State capitol grounds and
buildings and other points in connection
with the case. The jury was in charge of
Judge Cantrill and three deputy sheriffs.
The defendant, Caleb Powers, also went
to Frankfort.
The point where Goebel fell, the window
from which the shot is claimed to have
been fired, the basement through which
Youtsey walked out after the shooting
and other places which have been fire.
quently referred to in the evidence were
pointed out by the court without COM
ment.
Testimony in the trial of Secretary of
State Caleb Powers, charged with COM
plicity in the shooting of Governor Goebel
was concluded at noon today. This
afternoon the jury was taken to the scene
of the shooting at Frankfort.
Judge Cantrill announced that as soon
as the arguments have been concluded
and the case has gone to the jury, the
case against Henry e. Youtsey will be
called for trial. The sheriff was ordered
to summon special venire of jurors for
the Youtsey case.
B. w. Bradburn, a member of the re-
ward commission, testified that of the
5000 drawn by the commissioners out
OF the fund appropriated by the Legisla-
ture only about 81, 0G0 had been expended
and said that no money had been paid
to any witness who had testified in the
case and that no agreement or contract
existed between the reward commission
ers and Wharton Golden, Robert Noaks,
w. H. Culton or any other witness.
James Walker, colored, corroborated
the testimony of j. W.. Dougherty that
John Perkins, the porter in Adjutant
General Golfers office, had told them
that the defense wanted him to testify;
that he (Perkins), had carried the Or
ders to the troops at the arsenal calling
them out, but that he did not intend to
testify to it as it was not true.
The prosecution then rested its re-
bulttal testimony. Assistant State Audi
tor Grayot, was called by the defense,
whose cross examination of the witness
in regard to the alleged speculation OF
w. H. Culton, while he was clerk in the
auditors office, was not completed al
Saturdays examination. Grayot produced
the additional records asked for by the
defence at that time
The prosecution insisted that if the de-
tense was allowed to produce the
vouchers and warrants in question upon
which the defense alleges he stole $1,14S,
Cultcn must be allowed to go on the
stand in order to explain the transaction
on his part The court ruled the evil
dence out and in passing on the question
said;
IF there has been any defalcation on
the part of Culton the Franklin court is
the place to settle that. These records
show that the money paid into the
Treasury by Auditor Stone was marked
as errors in vouchers this court has moi
time to investigate whether they are
errors or not"
Ex-Auditor Stone was then called
The court ruled that Stone could no
testify at this stage of the trial concern
ing the matters upon which he was ques-
tened, and, the attorneys for the defense
accompanied by the prisoner Withdrew
for a consultation, and when they re.
turned it was announced that the taking
of testimony had been finished.