Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-04
VICTORY FOR THE DEFENSE,
Damaging Evidence Repudiated and
Thrown Out by Court.
AFFIDAVIT WAS A BoMBsHELL
Entire Court Journsyed to Frankfort
Today to Inspect Scene Of Goebsl
Murder and Points. !,

SPeeie& biopatcn 10 LUG cttf
LEXINGTON. KY. December 4-There
was no session of court In the Caleb Pow
ers trial at Georgetown this morning. the
jury having been taken to Frankfort on q
special train at 10 o'clock to inspect the
scene of the murder OF Goebel and the
location of various points. The whole
court made the trip.
The taking of testimony was resumed
this afternoon at O'Clock.
The most startling event of the trial so
far came last night when Robert Noahs,
star witness for the prosecution, had IN
ished his testimony. at which he con-
nected Caleb Powers with the plots to as
sassinate Goebel. The defense introduced
an affidavit by Noaks. made at psnvi.Ie,
Ill. December 0, 1908, in which he swore
that the testimony he had before given in
the Powers case, which was similar to
that given yesterday, was wholly false
and had been secured by bribery and In
limitation brought to bear on him by
Thomas c. Campbell Of New York. chief
attorney for the prosecution, who starved
to death In the Bahama Islands two years
ago. and by Arthur and Justus Goebel,
brothers of the murdered senator.
Noaks in this confession swears that
there was absolutely no truth in his
testimony against Powers. and that
Powers knows absolutely nothing about
the Goebel killing. Noaks further says
witnesses were corralled by Campbell and
Goebel on farm near Marietta, Ohio,
and there coached on what to say.
Statement Refused Jury Last Trial.
Judge Robbins. at the last trial Of
Powers. refused to allow the statement to
60 to the jury. claiming 1t was not prop
erly witnessed, but yesterday Judge Nor
ris admitted the statement, and 1t was
read to the jury.
Noaks had during the morning yester-
day given testimony similar to that at
former trials. making his statements
somewhat stronger, in that he said yes
| terday that he had told his men. under
instructions from Charles Finley, Caleb
POWERS and John L: Powers. that they
were to go to Frankfort and hang the
members of the state election commits
sion unless the republicans got justice:
that Finley had asked him II two OF his
men could be depended upon to kill d
man. and that Finley mad said the bes:
Goebel, which would end the contest. D..
Bombshell Effect.
The introduction Of this ahidavit pro-
| duced a bornbsheli effect In the, camp OF
the prosecution. They were frenzied In
their protestattons that 1t be. not admitted
to record. but Judge Norris admitted 1t.
Noaks wilted like a wet rag when this
affidavit was introduced, and beads OF
PRECIPITATION stood out on his forehead.
The defense then placed Noaks on the
stand and forced him to admit that the
statements made in the AFFIDAVIT were true
and that his testimony Of yesterday was
wholly false. Noaks admitted he had
lied.
Powers then took the stand and fdenti-
ned the affidavit as original.
the securing Of this AFFIDAVIT OF record
was the greatest victory Powers has ever
won during his four trials, and wholly
ruins Noaks testimony. 10 far al its use
TO the prosecution Is concerned, and prc-
duced one of the greatest sensations OF eli
the trials.
Cecil to Return for His Own Trial.
Frank Cecil. another star witness for
the prosecution. who disappeared yeste,-
day. has been heard from at East ~
Louis, Ill. He says he left because Pr,sc.
cutor Franklin upbraided him for leaving
Thanksgiving day. and that they cannot
force him to return.
Cecll is under indictment on a. charec
VI VI shiarins IN the plot leading to the as
sasslnatfon OF Senator GoebeI and y,ilI
be tried in January. He SAYS he vii, rnl
turn Tor his own trial without objections
won't 80 back" he sad, no mater
nov much they want me or how much
lucy Aouse me. ] will bo in Frank fort r.,
1dHuary Tor my own trial, but no bun,sn
power Will get me back in Kentuckv b.
tore mat time" Cecil is a former resj
oent OF Aiddlesboro. KY, and is ann.
ployed by the Terminal Railroad Assets
''o'' at East 81. Louis as detective.