The Montgomery advertiser., 1901-10-19
IT IS NOT IMPORTANT
Trial of Caleb Powers at
 Georgetown Proceeds.
Judge Cantrill overrules the Motion of the Defense to Abandon the Night Sessions of
 the Court.

GeOrgeIoWur n.y., OCt io.--Wn ncn Couke convened today Judge Morton moved to suspend night sessions.
 The prisoner, ex-Secretary of State Caleb Powers. made affidavit that he was physically disabled.
 He affirmed that he had no time to con fer with his attorneys.
 Judge Cantrill reserved his decision.
 Judge Sims resumed the cross-examina- ton of Wharton Golden. one of the al- legged conspirators.
 Golden denied he told Rev. John Stamp CT, his brother-in-law. that Campbell would give him 5000 for his testimony and s25O0 for each conviction, and that he and W. H. Culton together would con- vict every one of them" He denied tell ing Owens Harklerode and others that Powers was innocent.
 Miss Sunffer, on whom Powers called frequently. testified as to his letters.
 Miss Snuffer 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.
 The Motion overruled.
 Judge Cantrill at the afternoon session overruied the motion of the defense to abandon the night session of the court
 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 adSnis- sion of Coulton's testimony. but was overruled. Culton testified that Caleb Powers said the Democrats would be given thirty minutes to settle, the con- test and If they did not do 1t they would kill .every damned one of them"
 Powers said it was serious undertak- ing 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 they would be guilty of con- spiracy and all would be convicted. Gull ton testified that Taylor said: If the Democrats continue to rob us Judges Hazelrigg. and Hobson, of the Court of Appeals, should be killed, that will set tie the contest" Powers said that was right and Charles Finley concurred in the statement.
 On cross-examlnation, Culton admitted to having been indicted for signing the name of a man in Jackson County to petition. Culton said there was heated political race and he had been authorized to sign the mans name to a petition to build a 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 Auditors office. Culton also denied that he ever told Wharton Golden that the man who killed Goebel was so drunk that he could hardly stand up.
 Question from Defense.
 GTOiA ok IDox fire f1l say that you had not made any confess sion to Mir. Campbell, and that you would not believe the testimony of any man who went into conspiracy to kill man and then confessed?" asked Colonel Owens.
 q said nothing like that" answered Culton.
 Judge James HI. Hazelrigg, ex-Chief Justice of the Kentucky Court of Ap- peals, then took the stand. Judge Hazel rigg 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 him as a short man with black Judge Hazelrigg said he att tended the trial of James B. Howard, who was charged with the murder of Wii- liam Goebel, and he thought Howard was the man he saw on the steps of the ex- ecutive building. Tn justice to Howard continued Judge Hazelrigg." I must add that the image of the man I saw 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 it was Howard.
 Sherman Stivers. ex-postmaster of Par Is, Ky, was called at 9:05 o'clock. He stated that on the Friday before Goebel was shot John. L. Bosley told him at Paris that there was plot to raid the Senate at Frankfort and kill Governor Toebel Stivers quoted Bosley as having said that there were five of the bravest men in Kentucky in the plot. On cross- Stivers admitted that he and Bosley were bitter enemies. Reuben Stivers then took the stand and corrobo- -ated his brother in every detail.
 After Reuben Stivers concluded, court adjourned until tomorrow. The Common wealth did not conclude it's testimony to- lay as was anticipated. but there are ,nly a few more witnesses on the list. md 1t seems likely it will close by noon