Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1900-10-17
fOUTSEY ON TRIAL.
His Case Resumed After suspension
Of Several Days.
NOT YET RECOVERED
His BED Was Placed Near Door I'm.
tering into the Court Room.
Arthur GOebel Was Princl.
pal Witness In the Box.

Georgetown. KY, Oct. 10. The Yout-
sey trial was resumed yesterday, al.
though Youtsey was reported in the
same condition as last week His room
door was opened and his bed pulled up
in plain view and hearing Of the jury
and while the witnesses were examined
Youtsey could be heard calling his wife's
name in a hollow. moaning voice and
could be seen tossing ON his bed.
The feature Of the day was the testi.
mony Of Arthur Goebel He told Of
going to the Jail the day Youtsey was
arrested. His testimony revealed moth.
ing startling. as the same evidence had
been produced before, except the details
were explained more fully.
When court convened Attorney Mol.
son for the defense said the physicians
reported Youtsey's condition unchanged
and asked for further postponement.
Attorney franklin for the common.
wealth objected and said II the accused
was always sick when the trial was ON
and well between times. there never
would be trial. Colonel Campbell for
the prosecution said the doctors held
that Youtsey was able to hear. under
stand and reason, but that he could not
always talk. He read from text books
TO show that Youtsey was Stimulating.
Mr.. Nelson said he and Judge Askew
were alone with Youtsey and tried in
every way they knew TO arouse him, but
got no response.
Judge Cantrill oyerruled the motion
for continuance and said that all the
rights Of the defendant would b. pre-.
served under the law.
Colonel Crawford asked that the ply.
sicians be allowed 10 testify 10 the con.
dition Of the defendant. On that mo.
ton DIR. Carrick said Youtsey was weak.
or and no better. While Dr. Knox was
testifying the door Of Youtsey's room
opened aud he could be heard groaning
and sobbing Historically.
Judge Cantrill said he had no discre.
ton in the matter and that the trial
must proceed. The commonwealth was
given until o'clock TO say whether il
will object to allowing Youtsey 20 re-
main in the jury room during the trial.
On converting in the afternoon tho
court said It had no discretion in the
matter, and unless counsel woald agree,
he would have TO rule that Youtsey
must be present in court
No agreement could be reached and at
$3.50 Youtsey was brought to the door Of
the jury room ON his bed and the door
left open.
The defense asked that James How.
ard be- brought from the jail at Frank.
fort to testify ON behalf Of Youtsey.
Wharton Golden testified that he saw
John l.. Powers give Youtsey key on
Jan. 90, and Powers said IL was a key
70 Caleb Powers Office.
v. H. Culton teatifod that Youtscy
told him Of the plan to kill Goebel aud
escape through the basement; that Yout.
sey asked him to swear after the shoot.
ing that he tYoutseyl was in the logis-
lative hall when the shot was fired; that
Youtsey told that Governor Taylor had
been urging him TO leave the state, and
Culton said he told Taylor about il and
Taylor told Youtsey 10 deny any such
thing in the future and 90 deny all
knowledge Of the shooting.
The defence sought 10 prevent Culton
from testifying because his statements
had been contrsdicted by the states wit.
nesses on examining trial, bat the judge
oyerruled tho motion after long dis.
cussiOn.
Culton was oross-examined at the
night session and stood up fairly well
under the cross fire. Upon the conclu-
sion Of his testimony the commonwealth
rested It's case and the court adjourned
until today TO give the defense time 20
consult as 20 making statement 10 the
jury.