The Savannah morning news., 1900-08-14
POWERS BEFORE JURY
TESTIMONY HAS BEEN CONCLUDED
BY BOTH SIDES.
JURY TAKEN TO FRANKFORT,
WENT TO SCENE OF SHOOTING IN
COMPANY WITH COURT.

Five Speeches VIII he Mnde by
Each Sidc-Youtsey-s Case to BE
Taken Up as soon as Powers Case
Is Finished-onIyg $1,000 of Money
Appropriated by Legislature Has
Been spent.
Georgetown, Ky, Aug. 18.-The hearing
of testimony in Che case of ex-Secretary
of State Caleb Powers was concluded to-
day. and tomorrow the arguments be-
fore the jury will begin.
There will be five speeches on each side
Those who will speak in behalf of the
prosecution are Commemorative Attorney
Franklin, T. c. Campbell. John X. Hem
drick, Victor F. Bradley and Capt. b. b.
Golden. Those who will argue the case
for the defendant will be ex-Gov Brown
j. C. Sims, Judge j. II. Tinsey. ex-Con-
gresham Owens and Judge George
Denny.
The case is expected to reach the jury
10y Saturday. Judge Cantrill announced
that the Youtsey case viii be taken up
Immediately.
The jury was taken to Frankfort This
afternoon and spent an hour in viewing
the State Capitol grounds and buildings
and other points in connection with the
case. The jury was in charge of Judge
Cantrln and three deputy sherifs. The
defendant Caleb Powers. also went to
Frankfort
The point where Goebel fell. the win
dow from which the shot is claimed 10
have been fired, the basement through
which Youtsey walked out after the shoot
ing and other places which have been fire.
quently referred to in the evidence, were
pointed out by the court without COM
ment
Judge CantreH announced that as soon
as the arguments have been concluded
and the case goes to the jury. the case
against Henry f. Youtsey will be called
for trial The sheriff was ordered to sum-
mon a special venire of jurors for the
Youtsey case.
B. w. Br1dburn, a member of the re-
ward commission, testified that of the
5000 drawn by the commission out of the
fund appropriated by the Legislature
only about $4,000 had been expended and
witness who had testified in the case, and
that no agreement or contract existed be-
tween the reward commissioners and
Wharton Golden, Robert Noakes, w. Fl.
Culton or any other witness.
James Walker colored, corroborated the
testimony of ]. w. Dougherty that John
Perkins, the porter of Adjutant General
Golfers office, had told them that the de-
Tense wanted him to testify that he (Per-
kins) had carried the orders to the troops
at the arsenal calling them out, but that
he did not intend to testify to 1t as 1t was
not true.
Cu1ton's Alleged Defnfcation.
The prosecution then rested it's rebuttal
testimony. Assistant State Auditor Gra-
yot was called by the defense, whose
cross examination of the witness in re-
gard to the alleged speculation of w.
II. Culton, while he was a clerk in the
auditors office, was not completed at
Saturdays examination. Grayot pro-
duced the additional records asked for
by the defense at that time.
The prosecution insisted that If the
ers and warrants in question upon which
the defense alleges he stole $1.14S Culton
must be allowed TO go on the stand in
order to explain the transaction on his
part. The court ruled the evidence out,
and in passing on the question, said:
IF there has been any defalcation on
the part of Culton, the Franklin court
is the place to settle that These records
show that the money paid into the treas
lxg A..Af4
errors in vouchers This court has
not the time to investigate whether they
were errors or not"
Ex-Auditor Stone was then called. The
court ruled that Stone could not testify
at this stage of the trial, concerning the
matter upon which he was questioned
and the attorneys for the defense accom-
panied by the prisoner, withdrew for
consultation, and when they returned II
was announced that the taking of testi-
mony had been finished
Held Night Session.
Tho jury returned from Frankfort to-
night Commonwealth's Attorney Franklin
submitted TO .he court the Instructions
which counsel for the prosecution thought
applicable TO the case. When Judge Can
trill asked for suggestions from the de-
fense as TO what should be included in
the courts final instructions 20 the Jury.
ex-Gov Brown declined to offer any.
Al 10 o'clock. however, attorneys for
the defense agreed to prepare instruc-
tions to be submitted to the common
wealth and 90 the court, and Judge Can
trill said he would hear argument from
both sides the first thing tomorrow morn
ing. and that they would be allowed
twelve hours on each side for final argu-
ment.