The age-herald., 1900-03-24

against Powers charging him with being an accessory to the murder of William Goebel, and asked dismissal of the defend- ant on the ground that tine warrant was fatally defective in not alleging that the crime was committed in Franklin county and did not even show the offense to have been committed in Kentucky. County At torney Polsgrove said the warrant followed the llnes laid down In criminal cases.
 Judge Moore overruled the objection to the form of the warrant.
 Ine defense announced ready for trial, and called Augustus Muninger, the Gov 1ngton undertaken, as the first witness He old not answer, and an attachment against n1m Was issued by the court on a demand of the defense.
 Ex-Governor Brown asked that the wit Hesses De excluded from the court room Juoge Moore ordered the witnesses to re- tire and admonished them not 10 talk to ahy'oody on the outside. Judge George Denny and w. G. Dunlap of Lexington. ~ho mad ,oeen added to the list of attorneys TOT une defense, took seats with their as soelaLe counsel.
 Eph LillarI Testifies
 Eph Idiard, warden of the Frankfort peMtentlary, was the first witness sworn lie was with Senator Goebel when the Ia r. ter was shot He walked ahead of Sena- .oi 1oeDei ana was just entering the state
 
 pack from the state house steps and saw what had happened. He looked toward tne executive building and saw that the second window of the corner room was slightly raised This was the office of the secretary or state. He thought the shot nau been nred rom this room. There were several other shots, but the latter did not come from the same place The first shot was evidently fired from a rifle. while inc others seemed to be from pistols and were not so clear and distinct as the first.
 Cross-exa mined by ex-Governor Brown. Colonel Iillard said he saw nobody in inc room rom which the shot seemed to have been fired, and he did not see any one in the main door or on the steps of the build ing at the time of the shooting Asked if he or Jack Chinn. who was with Goebel. drew pistol, he sad: q did not draw my pistol and l didn't see Chinn draw one. I don't think he did"
 There was a long wrangle between the attorneys over the question whether wit nesses who had been examined might re- main in the court room. The attorneys for the defense objected to allowing witnesses to remain because many of them would be witnesses in the trials of Davis and Coul- ton later, In which practically the same issues were involved. Judge Moore how ever, ruled that witnesses who had testified might remain
 Policeman Tn mrspn
 Policeman Wingate Thompson was the next witness introduced. He was not in the state house yard when tho shooting occurred. but arrived as the crowd was carrying Senator Goebel out of the yard He saw armed men at the entrance ito the executive building and recognized John Da- wis and Berry Howard among them.
 Detective Dee Armstrong, of Louisville. said sfhat 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