Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-22
CALEB POWERS TRIAL
STIR CREATED IN THE COURT
ROOM AT LEXINGTON, KY.

LEXINGTON. Ky, December 21.-
While Maj. w. C. Owens was examin-
ing J. S. Mcknight, who declared he had
been approached by Youtsey, who wanted
to know If Frank Gross could be depend
ed on to kill a man. Mcknight created a
stir by declaring that the prosecution had
spies in the witness room of the defense.
The court here took hand and inter-
rogated Mcknight closely, saying he
would thoroughly sift the matter.
John b. Hurst of Harlan county, gave
the best evidence yet introduced in favor
of Powers. Hurst was at a meeting at
which Powers acted as chairman. He
referred to Sheriff Burton's incendiary
speeches in that meeting when Burton
that IF some, of these are exploded
around the contest committee it would
soon. settle the contest The witness
said: When the incendiary speech was
and said that he had more at stake than
anybody In the meeting, and that IL vio-
lence was resorted to he would resign his
office and go home.'"
In this testimony Hurst exactly corrob-
GRATED Powers and others as to what
TRANSFERRED in this meeting. Hurst was
one of the mountain army of January
o. and corroborated other defense wit
nesses as to the good character of the
mountain men.
Damaging to Youtsey.
Hurst also testified to meeting Youtsey
in Frankfort before the Goebel shooting,
at which time Youtsey was introduced to
him by l.. X. Rice. and, showing him
CHursD some steel bullets, said: These
will settle the contest
Asked why the mountain army men all
came armed if they were in Frankfort
only for the moral effect" Hurst said
that the object in bringing the men
armed was to protect the rights of the
republican officials, and If the moral eff
feet was not evident, to make a show of
force and influence the legislature and
contest board to give them square DEAL
Il myself was in favor of resisting any
attempt to forcibly eject the republicans"
said Hurst. but Powers and Taylor were
both opposed to the men being armed,
and Gov. Taylor did not hesitate to say
SO after the crowd reached Frankfort"
An Important Witness.
Capt. John Davis, Capitol square po-
liceman at the time of the assassination,
but who has never been tried, was an
important witness. Davis was in the re-
ception room between the governors and
secretary of states office when the shot
was fired, and gave a graphic description
shooting.
In less than FIVE minutes after the
shots Davis saw Youtsey come into the
reception room from the hall. Youtsey
was greatly excited, and had pistol in
his hand.
He said he and Powers accepted par
dons and left Frankfort on advice of their
attorneys. Davis made dramatic avowal
at the close of his testimony by declaring
that he had been indicted for completely
in the Goebel murder, and that he had
never been tried, but was ready to be.
Davis was arrested in this city March TO-
1900, at the same time as Powers. He
had a pardon in his pocket, signed by
Gov. Taylor. Representative D. c. Ed
wards was a witness late yesterday, con-
tradicting some minor statements. hav-
ing come from Washington for that pur-
pose.
A New Witness Today.
new witness was introduced today in
person of Judge ]. N. Hubbard Of Carter
county, who swore that Youtsey came to
him few days before Goebel was killed
and said: "Goebel can be killed. / have
gun that shoots steel bullets and smoke
less powder. and a place from which I
can shoot him as he comes from the SEN
ate and I can get out of the building and
mingle with the crowd without being
seen.' This was testimony which had
never been produced before, and created a
decided stir.
c. T. Noe swore that Youtsey had COM
planned that Tallow Dick Combs had
promised to kill Goebel and then failed to
do it. Several other witnesses testified to-
day to minor details. 1t was brought out
again that Powers and Gov. Taylor had