The age-herald., 1901-10-19
Miss Snuffar, on Whom He Called Frequently, Asked
 to Leave the State
OBJECTS ID NIGHT SESSIONS
Defendant Says He ls Physically DIs- abIed and Does Not Have Time to Confer With Counsel.
 Motion overruIed.

Georgetown, Ky, October 1S.-When court convened today Judge Morton moved to suspend night sessions. The prisoner. ex-secretary of State Caleb Powers, made affidavit that he was phys icaily disabled. He affirmed also that he had no time to confer with his attorneys. Judge Cantrell reserved decision.
 Judge Sims resumed the cross-examina- ton of Wharton Golden, one of the "al- legged conspirators.'
 Last night Golden testified he was in a conspiracy to murder Goebel, and that he had told Jim Horen that he would give $500 to any man who killed Goebel. When Goebei was shot Golden said he re- marked: Its d-d good thing"
 Golden denied that he told Rev. John stamperi his brother-in-law. that Camp bell would give him $5OO0 for his testimony and s2700 for each conviction, and that he and W. H. Culton together would convict every one of them" He denied telling Owens Harklode that Powers was inno- cent.
 Visits Him In Jail.
 Miss Snuffer. on whom Powers called frequently, testified to his letters. She said she visited Powers in the jail and that he tried to get her to leave the State and not testify against him, because her testimony would be damaging.
 Judge Cantrill at the afternoon session overruled the motion of the defense to abandon the night sessions of the court. The court said what purported to be an affidavit of the prisoner and a statement from his counsel were not signed.
 w. H. Culton was called and asked if he was under indictment as an accessory to Goebels murder and replied that he was. Mir. Owens objected to the adnts- sion Of Cultons testimony, but was over ruled. Culton testified that Caleb Pow CTS said the Democrats would be given thirty minutes to settle the contest and if they did not do it. they would kill .ey- cry damn one of them.' Powers said 1t was serious undertaking and all who did not want to go in with him to bring the men to Frankfort should withdraw then for If they were unsuccessful thev would be guilty of conspiracy and all would be convicted. Culton testified that Taylor said; If the Democrats continue to rob us Judges Hazelrigg and Habson of the court of appeals should be killed that will settle the contest. Powers said that was right and Charles Finley con- cured in the statement
 On cross-examination Culton admitted to having been indicted for signing the name of a man in Jackson county to a petition. Culton said this was a heated political race and he had been authorized to sign the mans name to a petition to build new court house. Afterwards the grand jury indicted him but he was dis missed in court. Culton denied that he was short in his accounts in the state au- ditors office.
 Denies Saying Murderer Was Drunk.
 Culton also denied that he ever told Wharton Golden that the man who killed Goebel was so drunk that he could hardly stand up.
 Did you not at Powers first trial say that you had not made any confession to MT. Campbell and that you would not be- lieve the testimony of any man who went into conspiracy to kill a man and then confessed?" asked Colonel Owens
 T said nothing like that" answered Culton.
 Judge. James H. Hazelrigg, ex-chief jus tice of the Kentucky Court of Appeals, eh0h hooh tic ptdid. JuuEc ftaZelr1R9 testified that when Goebel was shot the Court of Appeals at once adjourned and that he went to the east steps of the senate building, which are opposite the western entrance of the executive build ing and that he saw several men in the door of the executive building. One man the judge remembered, had a gun. He described as a short man with black moustache Judge Halzelrigg said he at- tended the trial of James B. Howard, who was charged with the murder of William Goebel, and he thought Howard was the man he saw on the steps of the executive building. In justice to How ard," continued Judge Hazelrigg. 'T must add that the image of the man on the steps was not fixed firmly enough upon my memory for me to say positively that James Howard was the same man.
 On cross examination Judge Hazelrigg stated that he could not identify the man on the steps as Howard, but that it was his impression that 1t was Howard.
 Court then adjourned until tomorrow.