The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-07-19
CULTON ON THE STAND
CAMPDELL's STAR WITNESS TELLS
o THE GREAT CONSPIRACY.
says IL Was Inspired by Taylor-A
DarboursvfIIe Banker Presents
Some Interesting Evidence.

GEORGETOWN. Ky. July lS-The Pow
ers murder conspiracy case was resumed
this morning. with the promise that sew
eral minor witnesses would be heard first.
tut that during the day some very sensa-
tional evidence would be brought out. John
A. Black, of Barboursville. a banker OF
that place and a Republican OF prominence.
was the first witness to-day. He said
Powers came TO him in January 20 advise
him as to the propriety OF the mountain
organization which Powers was getting up.
Il asked Powers" said witness. what
sort of a crowd he was getting up. and he
said he was getting an organized mob TO
go to Frankfort. 1 discouraged this and
told him it would injure the Republican
party; would/be a stigma on our end Of the
State and ought TO he abandoned. Powers,
however, insisted that the mob should be
formed. His idea was that IL would intimi-
date the Legislature.
II saw Mr.. Powers later and again re-
monstrated against the formation of the
mob which was going to Frankfort. Powers
told mt 1t was being formed with the APP
prevail of Governor Taylor, Charles Finley
and other Republican leaders at Frankfort.
Charles Finley also came to me and en-
deavored to get me to cooperate with
them. L protested bitterly. Powers became
very angry with me on account of the posi-
ton / took. L tried TO dissuade them from
the dirty band and to send good citizens
people Of infiuence-if any crowd was to no
sent"
A check from Charles Finley TO the L. 60
N. Railroad for $1,000 for transportation to
Frankfort was produced by Black. i'm re-
SnopSa fn a ouaSfion from the prOSacsffOn
On cross-examination Black said Finley
claimed the mountaineers were being taken
to Frankfort to Influence the Legisla-
ture. Powers said the purpose was to i'm
timidate' that body. AT this answer Col.
Campbell, attorney for the prosecution,
slapped himself on the knee. which brought
forth an objection from the defense to such
a demonstration in the presence OF the
jury. Continuing, witness said he never
heard Powers make threats against GoebeI
except in a general way. He referred to
the crowd he was getting up as a mob"
j. w. Siler, a banker of Williamsburg,
was asked concerning $1,000 loaned To
Charles Finley for the purpose OF trans
porting men TO Frankfort. Witness could
not give the date of the check.
w. III. Culton. who is himself under in
dictment as an accessory and supposed TO
be the star witness for the prosecution for
to-day, was called next. The defense.
through MIR. Owens, raised a point against
the competency OF CultOn as q Witness, ne
being under Indictment with Powers and
others as a coconspirator and not having
been tried. The jury was excluded during
the argumen of the point. Judge Sims
presented the objections of the defense to
the competency of Culton as a witness
against Powers. Mr.. Sims commended that
Culton could not be introduced as a wit
ness unless the commonwealth had pre-
viously nollied the prosecution against him
as a conspirator. In law" said Judge
Sims, ''the acts and declarations of one
conspirator are the acts and declarations
of all, and to place Culton on the stand is
substantially the same as requiring the de-
PENDANT to testify against himself
Commemorative Attorney Franklin, in
response, contended that the privilege to
testify or not TO testify was personal and
exclusive with Culton himself and that the
defendant Powers had no right 10 raise the
question of eligibility. At the conclusion
of the argument the court told the lawyers
on both sides TO prepare their authorities
on the question involved and present them
to him this afternoon
Judge Cantrill this Afternoon ruled that.
while at common law a particeps criminis
could not testify against a coconspirator SO
long as he himself remained untrfed. that
rule was abroeated under the law of this
State and that Culton was n competent
wl,ness, the right TO testify being a per-
Sonal privilege.
Culton took the stand. The court in
structed the witness hat he might or might
not testify, as he might desire, and II he
did so he was not required TO tell anything
tAAht "ONAo N@b0 p"
but could refuse 10 answer such questions.
He said he was testifying OF his own free
will. Colonel Campbell conducted the di-
rect examination.
Culton said he knew all the persons in
dicted as accessories TO the Goebel murder.
Witness said he attended a conference at
Frankfort in January. at which Powers
and others were present. and the matter or
bringing mountain men TO the state capital
was being discussed. Hamp Howard. Frank
Cecil and other mountain men were there.
and were asked 10y Powers how many men
they could bring from Harlan. Bell and
other counties up there. They promised
TO bring crowds ranging from nifty 10 two
hundred men from each of the counties rep
resented i'm the meeting. Those In the meet
ing were to take charge of the men i'm their
respective counties and bring them 10
Frankfort armed.
Powers said that when the men arrived
at Frankfort they would give the Demo-
cratic legislators thirty minutes Ia which
to settle the contests. land II they did not
settle IL in that time they would Kill every
id one OF them
Culton said the mountain men arrived in
Frankfort Jan. Is. They numbered from
1000 TO 100 men. Those who carried guns
had them stacked In the Office Of the COM
missioner OF agriculture. and each man
was given a tag corresponding with a num-
Der on his gun. Captain Bullock. after
wards connected with the Williamsburg
military company, had charge OF this part.
After holding the meeting In the Statehouse
yard the bigger part OF the crowd was sent
home.
Culton further said Henry Youtsey came
TO him and told him he had found "A way
Goebel could be killed and no one find OUT
who did IL. Youtsey said IL could be done
from the secretary Of states Office. and
showed some steel bullets. Witness told
Youtsey such a thing should not be done.
Ex-Governor Bradley told witness he had
heard Goebel was 10 be killed. and said IL
must not be done. Witness saw IOutsey
again, and the latter said the idea had
been abandoned. culton said Powers dis
tributed the money among the various cap
tains who were TO bring the mountaineers
to Frankfort. Witness said he did not
know who furnished IL. He further said:
Governor Taylor furnished me the money
10 bring the Jackson county crowd Wit
ness heard w. II. Johnson. OF jackson
talking about killing Goebel with
nitroglycerin. Witness said Governor Tay-
lor did not want the mountain men TO go
home. Powers said they ought TO be sent
away. as they had not done what they
were brought there for. Witness told Tay-
Tor what Powers said. Taylor replied that
Powers was "a hot-hcaded id fool. but
he would wait and everything would be all
right. Witness said Taylor sent word 20
Powers that he would pay the expenses Of
the men. Witness went To Berry Howard
and others at TaylOr's Instance. and told
them the Governor wanted them 10 remain
and not go home. as Powers wanted them
10 do.
ON the day of the Van Berry con-
test Governor Iaxlor xopf ccIorS EV w(<