The Washington herald., 1907-07-31

Lexington. KY, July s0.-Mrs. Henry
E. Youtsey, wife of Henry z. Youtsey,
formerly stenographer for W. s. Taylor
during the latter's brief reign as gov
ernor in 1900. and who went on the Wit
ness stand in the Caleb Powers case at
Georgetown in 1898, and swore that Pow
ers gave him the key TO his Office in the
statehouse at Frankfort. so he CYoutsey)
could enter and allow James Howard 10
shoot Goebel from there. to-day made a
sensational affidavit to the attorneys for
the F0wers defense.
Sentenced for Life.
She declared that her husband was
forced to confess to Powers connection
with the Goebel killing because Of his
treatment in the penitentary which Mrs
Youtsey describes as little short Of
'hellish.
Youtsey was convicted Of completely in
the Goebel murder and sentenced TO a life
term in the penitentiary Mrs. Youtsey
swears that she went TO prison 10 see her
husband. and that he told her that ne had
been fastened up for eight consecutive
Sundays and given only bread and water
70 eat
His wife complained to Col. Eph Lhlard.
warden Of the prison, who told her if
Youtsey would tell what he knew Of the
GoebeI assassination, he would get ont
or, at least, fare great deal better She
declared her husband was given the
hardest sort of work to DO, and was in a
serious condition.
Finally Broke Down.
She again complained to LiIlard and he
told her Youtsey had broken the prison
rules. Finally Youtsey broke down and
said he would tell anything 10 get better
treatment de then went on the witness
stand and swore that Powers had loaned
his Office to jim Howard for the purpose
Of killing Goebel
The affidavit created a big sensation.
Little was done at Georgetown In the
Powers trial to-day. The attorneys for
the defense persisted in the affidavit pre-
ferring serious charges against Judge
Robbins, whom they asked removed from
the bench.
The prosecutions attorneys rldicule the
charges Of prejudice on the part Of the
defense.
The arguments occupied most Of the
day.
Caleb Powers mother has sent word
that she is coming from her home in the
mountains to sit by her son during the
trial and encourage him.
Powers smiled when told that she was
coming.
Accuses the Courts.
One Of Powers chief assertions in the
affidavit is that Judge Robbins and Gov.
J. G. W. Beckham, since the assassina-
tOn Of Goebel. increasingly sought to
have the prisoner hanged.
Another charge is that the court on
two different occasions went to the Jury
room and secretly conferred with the
jurors and sought to prejudice them
against the accused. which had much to
do with the severe punishment inflicted
by the jury"
Commonwealth Attorney Robert w
Franklin said tonight that so convincing
is the proof collected by the State against
the accused that the jury cannot fail to
find the prisoner guilty. He says it will
only be a question Of assessing the pen
atty.
He says that seven members of the last
jury which tried Powers have been ques-
toned, and each man denies Powers
charge that Judge Robbins sought to in
huence them, or in any way interfered
in the case.
Attorney Franklin said that if it was
the purpose Of the defense to carry the
case to the Supreme Court of the United
States, he felt that 1t was proper for
the commonwealth to show that the
previous three trials were conducted ae-
cording to the views of Powers, as set
forth in his affidavit
He says that the affidavit Of Powers is
based on hearsay, or on a conclusion
reached by the defendant himself.