Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-26
DEFENSE CLOSES SOON
Caleb Powers Trial at
Georgetown, KY, Today.
TWO DAYS FOR REBUTTAL
Jury Likely to Get Case by Close
Of Next Week.
YOUTSEY TO TESTIFY AGAIN
Today's Testimony Only Of Minor
Importance-only a Small
Crowd Present.
Special Dispatch to The Star.

cpeSidi bispdtCu " 1uc otdf.
LEXINGTON. KY. December 26-Pos-
sib!y before the sessions of court close
today. and certainly before adjournment
Friday night, the defense in the Caleb
Powers case at Georgetown will have
closed its presentation of testimony and
the introduction of evidence in rebuttal
will begin. This will occupy the time
probably until Tuesday, when the argu-
ments by attorneys will begin. These
will take up at least two days, but by
Thursday night or Friday morning OF
next week the fate of Powers is expected
to be in the hands of the jury for the
fourth time.
The prosecutions friends are making
no prediction as to the outcome, while
Powers supporters believe that the worst
will be hung jury. In that case bail
will be Immediately asked for and If
granted it is not believed the matter
will ever come up for trial again.
Henry e. Youtsey, who LAS been more
directly connected with the actual murder
Of Goebel during this trial than at the
hearing which resulted in his own convic-
tion, will be introduced by the common
wealth In rebuttal, as James howard will
be by the defense. Only a small crowd
was in the courtroom today, and the wit
| nesses introduced were of minor impor-
tance.
The testimony of F. Clay Elkin, de-
ceased, telling Of a meeting held in this
| city to discuss the Berry-Van Meter con-
test, was read. showing that no sugges-
| ton was made about taking men from
ousted from Office. but that Berry S
friends were in Frankfort to prevent dem
| ocratic violence.
Beverly P. White, former sheriff of Clay
county during the Howard-Baker feud,
testified that James Howard went to
| Frankfort to ask pardon for the muir
der of one of the Bakers. He corrobo-
rated Howard exactly on important points.
He also swore that James Howard, as
soon as he heard he had been indicted
for the Goebel murder, surrendered to
officials, and that no arrest was made
until then.
Finley's Deposition.
Yesterday afternoon the deposition OF
Charles Finley. who is said to be dying OF
consumption in an Indiana sanitarium,
was read. In it Finley denied any knowl-
edge Of or completely in plots or con-
spiracies leading to the murder of Goebel.
Finley declared he was never at meet
| ing when the killing of Goebel was dis
cussed. or where physical force or per
sonal violence was proposed, or that he
entered into any conspiracy or agreement
| to that end. He declared that he had
heard some talk that some persons had
contemplated starting some kind OF
trouble. He said: "I was told that a
meeting had been held in the adjutant
generals office the night of Friday. Jan
uary 26, when those present had talked
about getting up a fight. l made an in
vestigation, and found that the whole
affair was joke, and I became satisfied
that it was never intended" He denied
that he advised or acquiesced in the killing
of Goebel or any other person.
| Walter R. Day, former state treasurer,
corroborated Powers concerning the trip
to Louisville. He also gave evil
dence damaging to Youtsey. saying:
ION the Saturday before Goebel was shot
saw Youtsey sitting at window in the
reception room near Caleb Powers of
flee with gun. Mr.. Todd went and
spoke to him, and Youtsey got up and
went away'