The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-11
IS PROLIFIC IN Perjury
END OF THE GEORGETOWN TRIAL
Is IN SIGHT-DEFENSE CON-
GUIDED
POWERS COUNSEL CONFIDENT
Says Prosecution Has Utterly Failed
to Make Out Its Case and
That an AcquittaI VIII
Follow.
POWERS COUNSEL CONFIDENT

GEORGETOWN, KY, Aug. D.-The de-
tense in the case of Caleb 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-
poets to conclude tomorrow, but this Is
not certain The jury will be taken to
Frankfort either Monday or Tuesday to
view the scene Of the tragedy. The jury.
when it comes to considering the evil
dence, will not have to decide the ques-
ton of which side has dealt in perjury,
but which side has burdened with the
largest amount of that product, 1t being
concluded that perjury has been INDUCED
In large quantities by somebody for the
last few days, during which contradiction
and impeachment were the leading fea-
lures and which will probably keep up
until the close Of the trial.
Ex-Gov. Brown, leading counsel for the
defense, said tonight that, in his opinion,
the state had utterly failed to make out
a case again Powers. and that the jury
would be compelled to bring in verdict
of acquittal. There are few who believe
the trial will result in conviction, but a
majority of the people anticipate a hung
jury. The lawyers for the defense insist
that they are entitled to verdict for ac-
quittal.
Mrs. John Davis, wife Of one Of the de-
PENDANTS charged with being accessory to
the GoebeI assassination, was the first
witness introduced by the defense today.
Commemorative Attorney Frankl.a inter-
posed formal objection to the eligibility
of the witness, but the court ruled that
she was a competent witness. Powers
boarded at her house. John Powers was
also there Jan. Is. She testified that the
latter was In his room Ill, at her house,
that day, and did not leave his room after
II O'Clock that day This was In contra
diction of the testimony of Robert
Noakes, who told of the alleged CONVEX
sation with John Powers at the state
house, in which he said that the latter
told him to ''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, tes-
titled that Robert Noakes was at Cor
bin In March, and asked him not to tell
anybody he was in town, as he might be
arrested in connection with the assassina-
ton conspiracy Noakes further said he
believed Caleb Powers innocent. He said
the IHSNuDeIS VI lllc 4NOdhG0 AiAliAdlJ COAl-
pany at Corbin, instead of being despera-
does, as Noakes had alleged, were mostly
good men.
On cross-examination Wilder admitted
that a number of Noakes' company had
been tried for various crimes, murder be-
ing the charge In several instances. The
defense then asked to be allowed to Of
fer as evidence the act of the legislature
appropriating s1O0 900 for the apprehension
and prosecution of the assassin of VIII
liam Goebel. No objection was offered
and the act was made part of the testi-
mony.
Walter Day, formerly Republican state
treasurer, testified that Youtsey sent for
him the day before the shooting He
went to see Youtsey, and the latter told
him that for $500 he would settle the con-
test. Witness pressed Youtsey to know
how he would accomplish 1t, but the lat
ter would say only that for that amount
he would settle 1t.
Witness said to Youtsey: at am not
| that kind of man." and refused to con-
fer further with him.
Rev. John Stamper was the first witness
called by the prosecution in rebuttal He
denied that he told several people, several
! days after the confession of his brother
| in-Iaw, Wharton Golden, that he believed
the latter had told the truth, that he did
. not want him to fall into the hands Of
the other side, as they might do him
harm.
Henry Hardwood, lawyer of Laurel
county, testified that he heard James
| Sparks of London IN the presence of a
| number of people In January, say that
Goebel would be killed and that Taylor
would pardon the man who did It; that
the pardon was already written out with
a blank left to fill in the name of the man
who did 1t. Sparks was in charge of the
Laurel county part Of the mountain men
who went to Frankfort, January Is.