The Birmingham age-herald., 1903-08-29
Defendant Makes Strong Afgu-
 nent in His Own Defense
DENIES YOUTSEYS STORY
Closes His Long Speech With Word Picture of His Aged Mother In Mountain Home Await
 ing the Verdict.

Georgetown. Ky, August 2s.-caleb Powers resumed argument in his own defense before the jury at 9 o'clock this morning. He will speak until noon ad- journment, and will be followed this aft ernoon by State Attorney Franklin.
 Powers declared to the jury that the star witness of the commonwealth, Whar- ton Golden, was swearing to keep out of the pententiary, and that Henry Yout- sey was swearing to get out of that in- stltution. He denied that he ever had any connection whatever with Youtsey and pointed out that the testimony shows that he had not known Youtsey thirty days before the shooting. He made a strong point on the fact that the testimony shows no personal communication with Youtsey by him until the day before the shooting.
 A Strong Proposition.
 At one point in his argument Powers de- clared that he was willing to rest the question of his guilt or innocence on the good or bad faith of the trip to Louisville on the morning of the day of the killing, when, as the defenses testimony shows, he was en route to western Kentucky to get up a crowd of petitioners to go to Frankfort to call on the general assembly. He declared that he would never follow the course of Youtsey by feignng a fit in the courtroom to avoid just punish- ment fixed by the law, but would fight to the last in the courts to prove his inno- cence.
 The court extended the time for Powers address to an hour and thirty minutes He will close his argument at o clock. Com monwealth Attorney Franklin will make a closing speech of four hours and forty minutes. getting the same extension of time as Powers This will necessitate an other night session Of court
 The defendant explained his having signed the written agreement produced by the state witness, Youtsey, relative to, the affidavit signed by Youtsey in the Lel,1.- vile jail declaring Powers innocent, by saying that he signed II 10 get an affidavit of innocence, fearing that Youtsey might some day turn up as commonwealth wit ness and he would then he able to con- front him with the affidavit.
 Explains About Mountain.
 Powers closed his argument to the jury at 2:30 o'clock this afternoon, one hour after the opening of the afternoon session. The closing hour was devoted to an ex- planation of the pardon by Taylor to him and to his having gathered together and taken the mountain army on January 25. 19OO to Frankfort. He declared that it was peaceable body and went there only on a peaceful mission. Powers closed with a word picture of his aged mother sitting in her mountain home awaiting the verdict in this case. and made a strong plea for acquittal.
 Franklin Concludes for State.
 Commonwealth Attorney Franklin then began the closing argument in the case for the state. He declared that Powers had made the best speech on his side of the case. but that it was full of misrepre- sentatons of the facts and the testimony that Powers had repeatedly gone out side the record in his argument. He said that the reason he did not attempt to cor rect Powers on the errors was because he wanted the defendant to say everything to the jury that he pleased so that hn might have no cause to complain of ihs treatment of him by the commonw salth in this matter.
 "If I were to make an objection and tl man be hanged as I believe he would b this jury. l should despise myself for tha objection exclaimed the states attor ney. Mr. Franklin closed at 9:S0 o'clocl and Judge Robbins gave the case to the jury. with instructions to retire and con slider for an hour.
 The jury reported that no agreement had been reached and was excused until tomorrow morning.