The age-herald., 1901-04-13
WANT JUDGE ID
 ACQUIT RIPLEY. Defendants Attorney Will Ask for Pre-emptory Instructions PROSECUTION HAS NO FEARS Testimony Against Ripley Is Almost compIeted-Yesterday's Evidence
 Review of That Against
 Caleb Powers.
PROSECUTION HAS NO FEARS

ton will conclude it's testimony in the Ripley case tomorrow. The defense will move for preemptory instructions for a verdict of acquittal. The lawyers for the prosecution do not believe this will be sustained, in view of the ruling of the court, permitting the introduction of the evidence as to the conspiracy. oyerruling the objections of the defense on this point. They assert that the evidence of ex-Governor Bradley and Judge Yost con- nects Ripley in a way to preclude pre- emptory instructions.
 Adjutant- General Murray identified some letters found in his office after Gen. eral Collier retired. One from Caleb Pow CTS addressed to General Collier, Janu- ary se. asked for official orders calling out the London and Barboursville troops, as the officers of those companies had re- fused to go to Frankfort except under regular orders The letter closed with the expression: We have undertaken a grave matter and must have these men at Frankfort"
 Mountaineers Disorderly.
 This evidence also went in over the ob- jections of the defense and without cross examination on that side.
 Graham Vreeland. a newspaper corres- pendent, testified to disorderly conduct on the part of the mountain men on January S. He heard J. B. Mathews, the Assist ant Secretary of State, call out to a crowd, nearly all of whom were drunk: Boys, come on; let's go over there and get that - Goebel."
 Papers Identified.
 O.. l.. Oster, freight agent at Eminenee, identified a paper signed by Ripley &C., knowledging the receipt of freight. which consisted of guns, cartridges, etc. The bill of lading was dated January 30. which was the same day of the assassination, but it indicated that the freight was shipped the day before.
 George Lockard of Knox County said he spent January, 1899, in Frankfort. Ca leb Powers told him he wanted him there and provided him with three pistols. Powers told him the police were a bad set and admonished him to stay about the State House entrance. as he might be needed. Witness slept in the adjoining outhouses at night. and, according to Powers instructions, stayed in front of the Capitol building while the Legislature was In session each day,
 Erasmus Ditto, who lives in Ripley's neighborhood, testified to having a con- versation with Ripley during the contest over the Governorship. Witness asked Ripley if he thought Goebel would be declared Governor. Ripley responded: ''If he is he will never take his seat"
 George Barns, a clerk in the office of Auditor Sweeny, saw Dr. Johnson of Jackson County come Into the office and hold conference with Henry 'Youtsey. Youtsey gave him a box of some kind and Johnson said: "The cartridges go with the gun. don't they?" Youtsey replied that they did.
 Miss Susie Snuffer of Whitley County identified letters written to her by Caleb Powers. Powers told her he worked up the mountain army. but he did 1t eau on to him. The effect of the visit of the mountain army, he said, had been pro- nounced at Frankfort. Powers told her that Taylor had mo backbone" and de- nounced his cowardice.
 Ex-State Treasurer Walter Day repeat ed the testimony which he gave in the Youtsey case in regard to Youtsey coming to him and telling that for $500 he would bring the contest to an end. Day wanted to know how he was going about it, but Youtsey said:
 Never mind about that; will settle it."
 Day did not exactly what Youtsey meant, but refused to treat with him as he had his suspicious. He also saw Yout- sey in Powers office with gun on Jan- uary 2S
 Wade Watts. a colored porter, told of hearing Representative Lilly say that a single shot should be fired in the exec utive hall. This would excite the Demo- crats and the Republicans could shoot them as they rose up which they un- doubtedly would do. not knowing what it was for. He saw Youtsey as he ran out of the basement of the executive building at the time of the shooting. Youtsey did not stop but said in passing, Its all up now" or something like that
 Dudley Williamson of the Frankfort Military Company which was on duty in up and put in readiness for marching or- ders two hours before the assassination. They did not get to the state house for half an hour after the shooting.
 John Ricketts said he talked with Yout- sey on numerous occasions. Youtsey told him the only way to win the contest was to put Goebei out of the way" and said 1t could be done from the secretary of states office, and the assassin could es- cape through the basement and not be discovered. A few minutes before the as- sassination, Youtsey called on him and others to accompany him to the executive building, and said that something was go- ing to happen. Witness remembered what Youtsey had said about putting Goebel out of the way and did not go. Shortly after this the killing occurred. Witness said that the arsenal was harricaded for weeks before the assassination. Breast works were made inside the doors, and mines were planted under them.