The Birmingham age-herald., 1907-12-17
MISSING RIFLE
 HAS BEEN FOUND Weapon That Killed GOebel Is
 To Be Exhibited CONFLICT OF TESTIMONY Youtsey and Caleb Powers Differ Very Much In Regard To Date Upon
 Which the Fatal Weapon
 Is Found.
CONFLICT OF TESTIMONY

georgetown, Ky, December 16.-The sixth week of the trial of Caleb Powers was marked by the defense beginning the presentation of testimony, Caleb Powers. the accused, taking the stand as the first witness in his own defense. In expeeta- tion that he would take the stand the court house was packed, many Indies te- Ing in the audience After detal.ing lis early struggle for education and his po- litical aspirations cnGmg in his nomina- ton and election Is secretary of state the witness was asked to define his connec- tion with bringing the various bodies of mountain men to Frankfort prior to tine assassination of Goebel.
 The witness frankly admitted his con nectlon with the mountain army" and said there was no secrecy about 1t. He said the purpose of it was for a moral ef- feet on the contest then pending at Frankfort, and there was no threat or ln- timation of violence, and no instructions given to the mountaineers as to any threatened trouble. Powers denied em- phatically that he directed Golden or Noakes, as they testified, to getting
 
 said that instructions were given to get representative citizens, the best in ther respective sections. Powers was on the stand all the morning.
 The famous Marlin rifle with which the shot which killed William Goebel is al legged to have been fired, may be pro- duced In court tomorrow despite the fact that it has not been in evidence since the day Goebel was shot. The greatest sen sation of the present trial was developed this afternoon when in answer to questions of his attorney, Caleb Powers announced that he has information that the noted weapon is now In Georgetown Although the Marlin rife has figured greatly in the testimony, it's whereabouts have been mystery since January 20, 1900, the day Goebel was shot. During the present tral Youtsey testified that during his conflne' ment in the Georgetown Jail, in company with Powers. the latter asked him if he could indentify the rife. Youtsey said that, fearing trap, he replied that he did not think he could On -examina- ton Major Owens, for the defense, had asked Youtsey as to the present location of the rife. The convict witness replied:
 Tt has been In the possession of your side all along, and Powers ought to know"
 In answer to the questions put to Pow CTS today it developed that Powers had made effort since 1903. when he was last tried. to find the Marlin rife with which Goebel was killed; that he has sue ceeded that he has not possession of the rifle but that he has the information that 1t Is In Georgetown. Speculation is rife as to what can be developed from the discovery of the long missing weapon.
 discrepancy exists between the tes- timony of Youtsey and Powers concern ing the identification of the rife, Powers being on record as having discovered the gun since 1903, while Youtsey's evidence was to the effect that his conversation with Powers was in 1901
 During the course of the afternoon Powers fiatly contradicted the testimony of Noakes, Wharton, Golden and Youtsey. He denied every fact testified to by them.
 On the day of the Berry-Van Meter con test, Powers testified that he saw Youtsey with a gun over his knees sitting at window after Powers had unlocked the door of his own office. He said he was surprised and asked Youtsey what he was doing Youtsey, he alleged, replied:
 "Nothing much" but that he was look ing for trouble in the house of represen- tatives and wanted to be prepared.
 He denied that his brother had given Youtsey a key to his office. He denied that he had any intimation that Goebel was to be killed.
 At the close of the examination Powers was somewhat exhausted