Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
COURT TO MEET ALL WEEK
Defense Hopes to Complete Its Evil
dence by Saturday.
WITNESS HELTON AND RIFLE
Efforts to Trace the Gun to Youtsey
and Its Fatal Use by Him
on Goebel.

Special Dispatch TO The star.
LEXINGTON KY, December 23.-The
seventh week of the Caleb Powers trial
at Georgetown. during which the defense
hopes to complete it's testimony. opened to-
day. with only small crowd in attend
ance. The defense began examining its
witnesses with a more confident air than
1t has ever used before. Since the smash
ing blows given Henry Youtsey's testi-
mony Saturday had greatly strengthened
it's caus and correspondingly weakened
the prosecution. James Howard, who is to
go on the stand probably late today. was
brought from the Frankfort pententiary
| today in charge of two guards. the hrst
witness examined today was Judge j. n.
Hubbard. who on Saturday gave testi-
mony declaring that Youtsey had made
| threats against Goebel in his presence, as
told in Sundays Star. Hubbard was re-
called to the stand by the prosecution to
produce certain letters written by him 10
Caleb Powers and attorneys for the de-
fense acquainting them with what his
testimony would be- Hubbard said he was
willing to produce the letters, but they
had been lost. One letter written to Pow
ers, while he was in Frankfort jail: was
produced and identified by Hubbard.
Hubbard was not tangled by the prose-
cution.
III. N. Drake and G. W. f. Wolford. who
heard Youtsey make statements TO Judge
Hubbard were not in court, but the de-
fense made an avowal.
Another New Witness.
]. T. Hopkins, the next witness, swore
that he heard Youtsey say two days be-
fore Goebel was shot: Il have sent to
Cincinnati for cartridges that will do the
work for them and will give anybody 500
who will fire the shot, and if l can't get
anybody else to do it 1 will do it myself.
Youtsey at the same time exhibited some
cartridges. Hopkins Is another new wit
ness. and his testimony was given over
the protest of Commonwealth's Attorney
Franklin, who declared Hopkins had not
identified this man as Youtsey. Persons
who have followed this trial of Powers
closely say that either an acquittai or
disagreed jury will result, and that he
will not again be convicted of Goebels s
murder.
From the eleventh district, in which
Powers lived comes the news that he
will he elected to Congress if he is freed
by the biggest majority that district ever
gave. D. c. Edwards now represents
that district at Washington.
To Meet All Christmas Week.
Judge Norris has announced that he
ing Christmas week. not even excepting
Christmas day. He takes this action at
the solicitation of the jurors, who point
out that they will not be allowed TO go 10
their several homes, but must remain to-
gether, and that the holiday would mean
little to them in that case. This decision
also pleases the defense, which hopes to
complete the presentation or It's testimony
by the end of the week
Judge Morris decision to hold court on
Christmas day is unique departure IN
Kentucky court annals. and in making
this decision he is running the rlsk or
immortalizing himself. A number of I'M
portant witnesses are scheduled TO De put
on the witness stand today.
Among these will be Albert Helton OF
Harlan county, in whose possession the
famous Marlin rifle which is alleged TO
have sped the fatal missile that ended
the life of Goebel, was found. Helton
was in Frankfort with the Harlan
county crowd at the time of the as
sassination. His identification of the
rifle together with his evidence as TO
how he came into possession of the
gun, is eagerly looked for. Helton has
never been a witness in any of the
Goebel assassination cases, and the rlne
has never before been in evidence.
The defense, through Helton. hopes to
trace the rifle directly back to foutsey,
and also expects to prove by Helton
that Youtsey on the day before Goebel
was shot made threats against GoeDei
life and said that If nobody else could
| be found to shoot him (GoebeD he
(Youtsey) would do it,