Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1900-08-02
THE DEFENSE 5 TURN NOW.
Trial of Caleb Powers for Alleged
Completely In the Assassina-
tion of Goebel.
THE DEFENSE OUTLINES ITS COURSE.
Attempt Will be Made to show that
the Prosecution IL Political, and
that the Prosecution Knows the
Identity of the Assassin, Bot Con-
ceals 1t.

GeOrRetown, n.y., u Iy oO.--Ihe trial
of Caleb Powers, charged with being
an accessory before the fact to the
murder of VIM. Goebel, was resumed
at nine o'clock. The jury was polled
and then excluded, during which ex-
Gov. Brown, for the defense, made a
motion for peremptory instructions for
a verdict of acquittal. The motion was
submitted without argument, and was
promptly overruled by the court.
The Defense Begun.
The defendant occupied his custom
airy seat among the attorneys for the
defense and seemed to direct. for the
most part, the movements of his coun-
sci.
A large number of witt sses for the
defense, including ex-Gov. w. o. Brad
ley, have arrived.
Outlining the Defense.
Lawyer Falkner, of Barboursville,
stated the case, giving the line of evil
dence for the defense. He reviewed
the political events for the last nine
months, and said the defense would
show that the contests over the state
Offices were not tried on judicial lines,
but on partisan basis, and that poll
tics was responsible for the present
prosecutions. He intimated that the
posecution knows the identity Of the
assassin, but has concealed him.
Admission VIII be Made.
lie said it would be admitted that
Caleb Powers and Charles Finley or
gaLized and brought to Frankfort the
crowd of mountain men who arrived
there January rs, but that this was
only to petition the legislature, and
not to intimidate that body. He
claimed it would be shown that the
men who composed the mountain army
were not bad characters, as charged
by the other side, and he charged also
| that the democrats at that time had
large bodies of men in Frankfort to
back up the contestants.
some of the Points.
He said Powers had in his pockets
at the time of the killing the keys to
his Office, which the prosecution al
leges had been given to Youtsey; that
Powers never even conferred with
Youtsey, Berry, Howard. Jim Howard,
Green Golden or Dick COMBS, and
that jim Howard was not on the cap
itol grounds till after the killing. 1t
would be proved, he claimed, that the
witness, Weaver, one Of the main wit
nesses for the prosecution, was never
in Fra nkfort till Sunday; that Finley
Anderson and Robert Noakes testified
for money, W. H. Culton in the hope
Of obtaining immunity from prosecu-
ton, and that Wharton Golden would
also be successfully contradicted.
Defendant On the stand.
The defendant, Caleb Powers, took
the witness stand. Witness never knew
Jim Howard, Harland Whitaker or
Richard Combs, three of the defend
ants, prior to the assassination. Had
only known Youtsey since January.
In regard to the bringing of the
mountaineers to Frankfort, the wit
ness said:
"There were three crowds of men
brought to Frankfort, and had some
thing to do with the organization of
each. The purpose was to show the
interest of these people in the matters
at issue at that time, and not to in
timidate either the state election
board or the legislature. 1 instructed
the men to do no acts of violence, and,
so far as 1 know, none was committed
by them. Witness continued:
For N Double Purpose.
1.-THE last crowd of men were
brought for a double purpose. We ex-
pected to use them as witnesses before
the contest board and also to show by
their presence the interest they felt
in the contests. We also had heard
rumors that we were TO be forcibly
elected from tho offices. These
rumors, 1 based on newspaper reports
and we intended to resist violence"
Mr.. Bradley, of the prosecution, OBJ
jected to this statement asking that il
be excluded on the ground that news
paper reports could not be given in
evidence. The court ruled that IL
was incompetent for the witness TO
detail newspaper reports or tell of ap-
prehensions which he based on COM
mon rumor.