Greene County herald. (Leakesville, Miss.) 1898-current, 1900-04-27


Republican Secretary of State Calet
Powers, Capt John W. Davis, Harland
Whitaker, W. 81. Culton and Richard
Combs, oolored. All of them entered
pleas of not guilty.
Henry e. Youtsey, who had been
previously arraigned and plead not
guilty, was also in court and his attor-
ney asked for change of venue
The prosecution waived notice and
allowed the motion to come up along
with similar motion filed in the
cases OF Powers, Davis, Whitaker
and Combs. The defendants were rep
resented by ex.Gov. John Young
Brown, judge ]. G. Sims, r. W..
Nelson, L, X. Crawford, R. Q. Kin
kead, Wood Dunlop, John W. Rod
man, Gen. D. W. Lindsay, e. E.
Hogg and w. r. Ramsay.
The prosecution was represented BY
Commonwealth Attorney R. B.
Franklin, Col. T. G. Campbell, Judge
3. G. Williams and others. The court
room was crowded to suffocation when
the prisoners were brought into court.
Ex-Gov. Brown insisted that the mo-
tioD for change be passed upon before
the arraignment ..of the prisoners, but
the court overruled the motion ..on the
ground that the defendants were not
technically before the court until after
the arraignment. To this ruling the
defense saved an exception After the
arrangement ex-Gov. Brown, for the
defense, rendered pardons granted by
Republican Governor Taylor to Caleb
Powers and John Davis and offered
them as a bar to the prosecution. In
presenting the pardons Gov. Brown
said:
1--WE present these psrdons, issued
by the governor of Kentucky, and lead
them as bar to further prosecution.
We make formal demand for dismis-
sal of the indictments We do this as
q matter OF form, not with the hope
that the court will sustain the mo-
tion."
Iudoa Gantriu-said-----------
in law. The title to the Office Of
governor is in dispute and the ltiga.
ton over it is still pending in the
courts. Several of the courts have
passed uron the questions at issue
and those that have so passed thereon
decided that Mr.. TAYLOR is not governor
and was not at the time these pretend.
ed pardons were granted. The motion
to dismiss the indictments is over.
ruled"
The petitions for changes Of venue
were then made. The prosecution en-
tered an objection and filed counte,
affidavits. Both sides presented {
lengthy list Of witnesses to give testl
mony as to the state of feeling and th,
question as 10 whether fair trial car
be obtained here.
Col. R. W. Nelson of the defense,
made lengthy argument objeoting t.
the introduction of proof on a change
of venue. His statement, he said. wa,
personal and his reasons for expecting
change of venue for the defendant,
without hearing proof. were that the
court house here was in charge of arm.
ed soldiery who recognized one of the
contending parties to the political con.
froversy. And that there were Other
evidences of local excitement of which
the court could take judicial knowl-
edge and about which 1t was necessary
to have oral proof to show that the
conditions here are such as to interfere
with the dispensstIon of justice.
Judge Cantrill denied that the
court house was under guard of the
soldiers but said they were in charge
of the judiciary by order of the
county judge. He overruled the OBJ.
lection of Col. Nelson and three wit
nesses were heard on the side of the
prosecution in regard to the change
Of venue. They gave it as their opin-
ion that there is no sentiment in the
county that would prevent a fSir
trial.
The trial is to be continued during
the week.