Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-07-18

formed, saying II would ntlmidate the
legislature
Black, continuing, said: 81 saw Mr..
Powers later and again demonstrated
against the formation OF the mob which
was going 20 Frankfort. Powers told me
10 was being formed with the approval
OF GOV Taylor, Charles Finley and 9TH
er Republican leaders at Frankfort.
Charles Finley also came % me and
endeayored 10 get me 90 cooperate
with them. / protested bitterly. Pow
ers became very angry with me on ac-
count OF the position ] took. ! tried 10
persuade them 10 send good citizens,
people of influence, II amy crowd was
90 Doe sent
a check from Charles Finley 10 the
i. q y, railroad for $1,000 for trauspor-
tauOn OF the men 90 Frankfort was
produced by Black I'm response 20 a
question from the prosecution
on discrimination. Black said that
Finley claimed the mountaineers were
being taken 90 Frankfort 90 influence
the legislature. Powers said the pur-
pose was 90 "intlmidate' the body. The
witness said he never heard Powers
make threats against Goobel except In
a general way
Culton himself under indictment as
an accessory and supposed TO be the
STAR witness OF the prosecution. was
called next. The defense raised a point
against the competency OF CultOu az a
witness ne being under indictment and
not having been tried The jury was
excluded during the argument Of the
point
At the conclusion Of the argument
the court told the lawyers ON both sides
90 prepare their authorities on the
question involved and present them 20
him this afternoon. A recess was then
taken.
Judge Catru this afternoon ruled
that while al common law o particeps
crlmiuis could not testify against a
cO-cousylrator so long as De himself
remained untried, that rule was abro-
gated under the law OF this state and
that Culton was competent witness
their right 20 testify being a personal
privilege.
Culton took the stand The court in
structed the witness that he might tes-
tify or not as he might desire and he
was not required 10 tell anything that
void tend 20 incrimIuate himself but
could refuse 20 answer such questions.
lie reglied that he would testify Of his
own free VIII
Culton said he knew an the persons
indicted as accessories 10 the G0ebel
murder: witness said he attended o.
conference at Frankfort iu January 90
which Powers and others were present,
and that the matter OF bringing noun
tain men TO the capital was discussed
Hamp Howard Frank Fecll and other
mountain men were there ana were
asked by Powers how many men they
could bring from Harlan Bell and other
counties They promised 20 bring
crowds ranging from go t0 200 men from
each OF the counties represented Those
In the meeting were 20 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 legisa-
tors thirty minutes in which 20 settle
the contests 'and n they did not settle
them in that time they would KIN every
id one ~ them"
Cult0n contnud: 1.-THE mountain men
arrived IN Frankfort January 25th
They numbered from 600 10 !. 200 men
Those who caAled guns had staked
them IN the Office OF the commissioner
of agriculture. and each man was given
a tag corresponding with a number ON
his gun Capt Bullock, afterwards
connected with the williamsburg mill
ua company had charge Of this part
After holding the meeting nthe state
house yard fhc bigger parl OF the crowd
was sent home