Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-28
TESTIMONY is NOW IN
Both Sides Finish at the Caleb
Powers Trial.
WITNESSES HEARD TODAY
Offer to Submit Case Without Argu-
ment Refused.
TIME FIXED FOR ATTORNEYS
Witness Called to Discredit Peers
Testimony Indicating That James
Howard Did Not Kill Goebel,

LEXINGTON. KY. December os.-
Before the sessions of court In the Caleb
Powers case today all oral\ testi-
mony of both sides will have been COM
pleted and there will remain only the
instructions to the jury. the arguments
by the attorneys and the deliberations of
the jury. The defense will make an ef-
fort to have the beginning of the argu-
ments postponed until Monday morning,
but Judge Morris has given an indica-
tion of his unwillingness to grant such
long delay in the proceedings. Nine
hours has been allotted to each side The
defense will have four speeches, one each
from Attorneys S. NJ. Wilson. William
Smith, w. c. Owens and Judge Sims,
with the probability that Maj. Owens will
make the closing argument on Its side.
The prosecution will have three speeches,
the first being made by Attorney Vic
tor F. Bradley, the next by Judge Ben
Williams and the last and closing argu-
ment by Commonwealth Attorney Rob-
ert B. Franklin.
will begin speaking next Wednesday
morning, but in the event Judge Morris
grants the request of the defense apd al
lows the postponement until Monday
morning, it will be Wednesday evening
before Attorney Franklin will get before
the jury. The defense asked for twelve
hours on each side. The commonwealth
insisted that six hours for each side
would be an abundance of time. Judge
Morris struck compromise and granted
nine hours.
Closing of the State.
In closing the case the commonwealth
was compelled to abandon its purpose to
use number Of rebuttal witnesses,
which included John Sheets, the former
statehouse carpenter at Frankfort, ana
]. B. Matthews, formerly with Caleb
Powers in the secretary's office at the
state capitol. Several of the rebuttal
witnesses failed to appear in time. and
the defense, insisting upon the case pro-
| ceeding the commonwealth had to close
without them.
| Believing the innocence of Powers has
| been proved. Judge Sims. chief counsel
for the defense. submitted a proposition
| to the commonwealth for Judge Morris to
instruct the jury and submit the case
without argument on either side. The
proposition was made to Judge Williams,
who later communicated it to States
Attorney Franklin, but Franklin refused
to consider the proposition.
r. j. Sidwen was called by the common
wealth to discredit F. NJ. Peers testi-
mony, which tended to show that Peers
was with Howard when Goebel was shot,
and that Howard could not have fired
the shot. Sidwell said: II live at VIM
chester. and know F. M. Peers. On the
Saturday morning before James Howards'
first trial met Peers at the Cunningham
farm in Clark county. He told me that
he had been summoned as a witness for
the defense. He told me he did not know
much. and all he could say was that Q
man named Jim Howard had come int
the Board of Trade Hotel at Frankfort
about fifteen minutes after the Goebel
shooting, and asked If there was cellar
in which he could get.
"I told him he would make a poor wit
ness for the defense. He replied that 1t
would all depend on how the jury looked
at 1t. He said he did not know Jim How
ard, but that this man had been said to be
Jim Howard