Class -7— 
 
 Book_ V^'a ^ 6 
 
 Copyright }\^ 
 
 COPYRIGHT DEPOSIT. 
 
GREAT SPEECH OF 
 
 Caleb Powers 
 
 BEFORE THE JURY THAT SENTENCED. HIM . TO DEATH UPON THE 
 CHARGE OF BEING AN ACCESSORY REFORJ: THE FACT '• 
 TO THE MURDER OF WILLIAM GOEDEL. 
 
 OBSERVATIONS ON THG TI>iAL 
 
 AND INCIDENTS OF THE DELIVERY OF THIS MASTERLY ADDRESS, 
 BY LLEWELLYN F, SINCLAIR, OF COUNSEL FOR POWERS 
 
 PRICE 25 CENTS. 
 
IHt LiBKAkY OF 
 
 SEP 25 1903 
 
 CLASS *^ XXa N 
 COPY 3. 
 
 P^ t: 
 
 CONTENTS 
 
 Introduction by L. F. Sinclair, one of prisoner's local 
 attorneys 
 
 Introductory remarks of prisoner, including a discussion 
 of the law of the case ....••.. 
 
 Position of both sides outlined 
 
 Was there a conspiracy between the prisoner and any of 
 the alleged accessories before the fact, to the murder 
 of William Goebel 
 
 Did the prisoner aid, counsel or advise either of the four 
 named principals — Holland Whitaker, Dick Combs, 
 Jim Howard or Berry Howard — to murder Mr. Goebel 
 
 Did prisoner aid, counsel or advise the other alleged prin- 
 cipal, Henry E. Youtsey, to murder Mr. Goebel 
 
 Did the use of the militia form a part of the alleged con- 
 spiracy 
 
 What did the mountain crowd have to do with the killing 
 of Mr, Goebel, if anything 
 
 The pardons of Governor Taylor discussed 
 
 Too many star witnessess 
 
 Too many detectives in the case 
 
 Conclusion 
 
 1 
 
 5 
 17 
 
 27 
 -53 
 
 ^ 88 
 
 95 
 115 
 123 
 125 
 139 
 
 Copies ol this book may be secured by addressing 
 
 K. F. BRADLEY, Georgetown. Ky. 
 
OB$ERVATIO^$ ON CALEB POWERS' TRIAL 
 
 Speech in His Own Behalf, Before the Jury That Sentenced Him to 
 
 Death on the Charge of Being an Accessory Before the 
 
 Fact to the Murder of William Goebel. 
 
 By Llewellyn F. Sinclair of Counsel for Caleb Powers. 
 
 The reading public, not only of Kentucky, but of the nation, is 
 familiar with the tragic murder of William Goebel in the State house 
 yard at Frankfort on January 30th, 1900, and the promiscuous indict- 
 ment of persons of high and low degree, as principles and accessories 
 before the fact in the commission of this crime. The reading public 
 of the State and nation is also familiar with the long drawn out legal 
 battle, and the frequent trials of numerous persons accused of having 
 had seme sort of connection with the murder of William Goebel. The 
 bitterness, hate and passion growing out of this horrid crime, the 
 partisan politics necessarily involved in the testimony presented on 
 the trial of the parties accused, inevitably tends to transform the 
 court-room into a forum for the exploitation of all the angry feeling 
 aroused during the memorable campaign preceeding the assassination 
 of Mr. Goebel. Men, and women too, for that matter, who desire to be 
 reasonable can understand how unfortunate for the accused these facts 
 must be. The calm thoughtful people of Kentucky and the nation, 
 can understand what an unequal fight these accused persons have 
 been compelled to face. To recapitulate let us outline briefly the 
 conditions surrounding these trials. 
 
 The parties accused, to commence with, are charged with killing 
 the Democratic leader of the State, the motive alleged being one of 
 politics, the accused parties being Republicans of a more or less de- 
 gree of prominence in the public affairs of Kentucky. The parties are 
 indicted, in a court presided over by a Democratic judge, the officers 
 being Democrats, they are tried before a Democratic court, with Demo- 
 cratic officers, and before Democratic juries. This is not said in a 
 spirit of criticism or censure^ but in all candor we submit to any 
 reasonable person whether these facts are calculated to prejudice the 
 trial of the accused. That these things may, be perfectly understood 
 we desire to submit a further observation. There are Republicans, 
 qualified for jury service, available in these trials, of equal standing 
 
with their Democratic neighbors. This cannot be gainsaid. Suppose 
 a jury was selected made up of six Republicans in politics — men that 
 are competent and qualified for jury service, possessing character and 
 standing as citizens equal to that of any citizen in the State of Ken- 
 tucky for that matter, and then there were six other jurors of equal 
 standing of the Democratic persuasion, does any one doubt that a 
 jury so composed would never agree upon a verdict? If this conjecture 
 be correct, a further question naturally arises and it is this: If a 
 verdict of conviction could not be obtained before a jury of mixed 
 politics is a verdict rendered by a jury composed of Democrats 
 very conclusive the guilt of the accused? If as the gentlemen 
 contend on the side of the prosecution, the evidence of the 
 guilt of these persons is so conclusive, for the purpose of silencing the 
 contention of the defense and the defendants themselves, why don't 
 they say to the trial court: "If your Honor please, the accused has 
 made frequent complaint of the fact that the jurors in these cases 
 have been composed of men who are Democrats in politics. I desire 
 to forever silence this objection of the defense, believing the evidence 
 of the prosecution sufficient to convict the defendent before any jury 
 made up of honest men, without reference to their politics, therefore) 
 I will ask your Honor to instruct the sheriff to summon a venire to try 
 this case from each political party, requesting that good, sober discreet 
 citizens be so summoned." Would not fairness and justice be subserved 
 by such a course, and would not a verdict rendered under such cir- 
 cumstances appeal to all persons with far greater weight than those 
 returned in the past. It is not an answer to say that the letter of the 
 statute d&es not require such practice. It has been done by some 
 of our greatest judges. Judge Gresham of the Federal Court, several 
 years ago on the trial of several Democrats in Indianapolis accused 
 of a political offense, directed the marshall to impanel a jury of mixed 
 political faith; the same thing was done by Judge Cochran of the 
 Federal bench on the trial of several Democrats, charged with election 
 offenses at London, Kentucky, only a year or more ago. It does not 
 make any difference whether the letter of the statute requires such 
 a course or not, equity, justice and fairness demand it, when one 
 is accused of an offense in which there is so much of politics involved, 
 and all men, wherever jurisprudence is known, throughout the world, 
 will applaud and approve the judge that stands for such a policy. 
 
 A celebrated authority has said that "The history of the human 
 race is made up mostly of their errors and misfortunes." If this be 
 true "The philosophy of history" as Voltaire was want to say, deals 
 with error in the abstract and concrete. And it might not be improper 
 to say that the things here set down, whatever the result may be, 
 when the end of these trials shall have been reached, will in some 
 measure as history subserve the interest of truth and justice in the 
 
future. When, the storms of passion and prejudice shall have subsided 
 and the clear sunlight of truth shall have penetrated the crevices of 
 falsehood, let us hope that the wisdom of deliberation and fairness 
 may to some degree be advanced by a perusal of the story of the un- 
 happy tragedies growing out of the murder of William Goebel. We 
 say tragedies advisedly for the covert crime appalls, while to the 
 minds of many the victims of unreasoning hate causes awe. Who 
 will say that in future years, when the zealous participants in this 
 unfortunate drama shall have passied away, that this crime and those 
 accused of committing it will not take their place alongside the vic- 
 tims of that miserable coterie of perjurers who appeared immediately 
 after the mysterious death of Godfrey and the circulation of the story 
 of the "Popish Plot." Oats, Corstair, Dangerfield and others of their 
 ilk, repeated with apparent plausibility the murderous schemes of 
 Roman Catholics in connection with these alleged crimes and a fren- 
 zied public stood aghast with indignation. (See Macaulay's England, 
 Vol. 1, page 216-221). 
 
 Another parallel will be found in the alleged Georges' conspiracy 
 to murder Napoleon Bonaparte, which impartial history shows to 
 have had its origin in the political exigencies of the times, from 
 Napoleon's standpoint. (See Bouinenne's Napoleon, page 306-319). 
 The judicial murder of the Duke d'Engheim, traced directly to the 
 Tuleries, would have submerged in eternal infamy the name of any 
 one other than he who could "cross the Alps, mingle the Eagles of 
 France with the Eagles of the Craigs," and render French valor glor- 
 ious forever on the fields of Austerlitz. 
 
 Coming on down to a later period, we see again an instance of 
 unrestrained fury directed against those persons accused of the assas- 
 sination of President Lincoln. The world knows now to a certainty 
 what it refused to believe at the time this crime was committed. Mrs.* 
 Surratt and other innocent persons were convicted. Arnold, O'Laugh- 
 lin and others were thrown into prison for life, for no other rea- 
 son than that it was shown these persons had on one occasion entered 
 into an arrangement with Booth looking to the "kidnapping" of the 
 President. 
 
 Then again there is the Dreyfus trial. One will look in vain to the 
 history of any criminal trial in all the past when the person accused 
 was charged with a political offense or a crime involving politics, that 
 the truth was not obscured and confused by the passions and preju- 
 dices of the hour. But out of all these errors and misguided zeal there 
 will come progress; for, suffering and misfortune is "the badge of all 
 our triumphs'" 
 
 The speech made by Caleb Powers in his own behalf before the 
 jury that tried him in Georgetown, in August, 1903, should be read by 
 every citizen willing to accord a hearing to those that are accused of 
 
crime. Those that read this calm examination of the testimony intro- 
 duced against him will not be impressed alone with the novelty of a 
 defendant arguing his own cause. The elimination of self which Mr. 
 Powers studiously observed throughout his argument, presenting the 
 law and the facts as though he appeared in behalf of a client having 
 no claim upon him other than his professional services, will naturally 
 suggest to the mind of the intelligent reader as showing a remarka- 
 ble spirit of fairness on the part of this young man who has languished 
 in jail for more than three years. 
 
 Perhaps it would not be amiss just here to note some of the inci- 
 dents occurring during the delivery of Mr. Powers' speech. 
 
 Sometime prior to the closing of the testimony the newspapers, 
 through the tireless energy of industrious correspondents, secured 
 the information that the defendent would make a speech in his own 
 behalf. The public, generally, was deeply interested in hearing this 
 speech. Nor was this anxiety to hear Mr. Powers confined alone to 
 those who were hisi friends and believed in his innocence. Friend and 
 foe alike were eager to hear from his own lips the things he desired to 
 sa-"^ in behalf of his Iffe and liberty. 
 
 The arrangement between the attorneys for the state and the 
 defense provided for three speeches for the State and four for the de- 
 fense. Mr. Powers desired to close his case. It happened that the ar- 
 gument for the State preceding Mr. Powers' speech was completed at 
 5 o'clock, the adjourning hour of court in the afternoon of August 27, 
 which required Mr. Powers to begin at the night session. The weather 
 was intensely warm. Long before the convening hour the spacious 
 court-room was packed to suffocation with men and women represent- 
 ing every calling in life. The matron and maid, beauty, wealth and 
 poverty had congregated to witness a scene the like of which has 
 rarely occurred in the history of all the past. Mr. Powers came in 
 accompanied by the jailor and retired with his attorneys to the jury 
 room. He was neatly dressed in a light suit of clothes, wearing a white 
 Alpine hat. At 7:30 o'clock p. m. court was called to order. The 
 judge directed that the argument proceed. Mr. Powers emerged 
 from the jury room, with head erect, dauntless and brave as he pushed 
 his way through the mighty throng and began his speech. Composed 
 and calm, in a low tone of voice, amid the pall and silence of that 
 vast audience that hung with bated breath upon his e ery word, the 
 youthful prisoner and orator proceeded with apparent unconscious- 
 ness of the gravity of the occasion. He spoke until 9:30 o'clock, court 
 adjourning until the following day. The interest aroused by Mr. 
 Powers' first appearance before the jury was increased between the 
 adjorunment at night and the convening of court the next morning. 
 Long before the hour of convening of court the succeeding day, the 
 court-room was jammed with sweltering humanity, all bent upon hear- 
 
ing every word the defendent should say in conclusion of the splendid 
 speech began the previous evening. Anxious humanity presented 
 themselves for admission hours before the Court-room doors were 
 opened. One sick lady left her bed against the advise of her physi- 
 cians, saying: "I can be sick any time, I may never have an oppor- 
 tunity of hearing Mr. Powers again." Many people did not leave their 
 seats during the noon adjournment. Some had lunch and some had 
 none. At every session of Court during the argument of Mr. Powers 
 hundreds were turned away after the Court-room was filled to its ut- 
 most capacity. Mr. Powers resumed his argument at 9 o'clock, speak- 
 ing until noon; beginning again at 1:30 o'clock, he concluded at 3:30 
 p. m. having spoken nearly six hours in all. That the public may have 
 an opportunity to read this masterly address, away from the scenes 
 and circumstances under which it was delivered, we give the speech 
 herewith in full: 
 
 Mr. Po^vers* SpeecH. 
 
 May it please the Court, and you also, gentlemen of the jury: I 
 know that you must be tired listening to argument, but if my strength 
 and this intense heat will permit it, I desire to say a few words in my 
 own behalf and concerning whose life and whose liberty, you have 
 taken upon yourselves a solemn obligation to deal. In doing so, I 
 exercise one of the privileges which our law-makers in their wisdom, 
 have vouchsafed to every person accused of a crime within the con- 
 fines of our Commonwealth. I would not, however, take advantage of 
 this provision of our law, but for the fact, that for over three long years 
 I have been forced to lie in the jails of this State, classed as a crim- 
 inal, branded as a murderer and denounced an assassin. 
 
 I have borne in silence, and with what fortitude I could, these grave 
 charges, together with two adverse verdicts, at the hands of my fel- 
 low-countrymen. I now feel that I owe it to myself to be heard. Over 
 three years ago, I was torn from a high official position to which I had 
 been elevated by the people of this great Commonwealth; thrown in 
 jail and charged with the commission of an atrocious and cowardly 
 crime. The Legislature of our State, in the excitement of the hour, 
 and actuated by motives of hatred and revenge, appropriated $100,000 
 of the people's money with which to prosecute me, $25,000 of which 
 sum was set aside for the investigation of clues; in other words that 
 amount was to be paid to detectives to furnish the needed proof. In 
 addition to that, a large sum was offered and hung up as a tempting 
 morsel for my conviction, right or wrong. 
 
 With such inducements as these, and under all circumstances, 
 and surroundings in this case, is it any wonder that Weavers 
 have wandered from the distant peaks of Colorado to get their slimy 
 
6 
 
 hands into that filthy sum? Is it any wonder that perjured scoun- 
 drels of the brand of Noak& and Anderson found their way to the wit- 
 ness stand during my trials, and swore to prepared and infamous 
 falsehoods against me? Is it any wonder that weak and base human- 
 ity of the character of Golden and Culton began to swear and con- 
 tinued to swear for immunity? 
 
 Is it any wonder that the assassin hearted Cecil, after having 
 wandered this weary world around, from Kentucky to Kansas, from 
 Kansas to California, from California to Kansas and from Kansas back 
 to Kentucky, should finally find his way to the home of the Prosecut- 
 ing Attorney in this case; there given a comfortable night's lodging — 
 "par nobile fratrem;' from there be taken before the Grand Jury the 
 following morning to tell such a story as would continue to him his 
 liberty under the forms of law? Is it any wonder that the weak and 
 villainous Youtsey, after having spent more than two years in the 
 penitentiary of this State, should emerge from that living tomb, when 
 he sees, or thinks he sees, through his testimony a ready chariot to 
 the green and inviting fields of freedom? We should not be surprised 
 at such happenings, they are the natural outgrowth of such conditions 
 and inducements. 
 
 Since the very day of my arrest, my conviction in this case, has 
 been both a pecuniary and a political necessity. It is more so to-day 
 than it has ever been. The prosecution cannot now well afford to 
 admit that they have hounded to the earth for three years an innocent 
 man. They cannot now well afford to admit that they did me wrong, 
 when I was deprived of my office and thrown in jail. These would be 
 bitter words for them to be forced to utter: "We have charged this 
 young man with murder wrongfully; we have torn him from an office 
 of trust and honor; we have lodged him in jail; we have carried him 
 from one bastile of this State to another, in chains and irons; we have 
 thrown him behind gnawing bars of prison life; we have forced him to 
 staj^ in the same steel cages with worthless negroes and to have them 
 for his daily companions; we have inflamed the public mind against him 
 through a servile press, with hideous stories of an awful conspiracy 
 in which we believed him to be implicated. We have tried him in 
 our courts by his enemies, politically, and we have convicted him, but 
 in all that we have been mistaken, in all that we have done wrong." It 
 is true that the prosecution is in the confession business but they are 
 not going to make such a confession as that; nor, will they permit you 
 to bring in a verdict of "not guilty" in this case, if it is within their 
 power to prevent it. 
 
 We have heard a great deal said during the progress of this case, 
 and especially by Col. Hendricks, about the prosecution having no in- 
 terest in the conviction of an innocent man. He said that the Com- 
 monwealth could have no sort of interest in my prosecution unless I 
 
was guilty of that with which I am charged. And for the purpose of 
 adding plausibility to their argument, they have said that Arthur 
 Goebel would not, for his right arm, lend aid or encouragement to the 
 prosecution in this case unless he knew beyond all doubt, founded up- 
 on reason, that I am guilty of that with which I am charged; and Mr. 
 Franklin has said upon former trials of this case, and' I presume he 
 will say upon this one, that he is a sworn officer of the law, gentle- 
 men of the jury, that no filthy lucre of any kind lingers^ in his pocket 
 to swerve him from his duty one way or the other, that he is doing 
 his duty to his country, his conscience, and to his God. I say, men, 
 we should not be surprised at such pleas and speeches on the part of 
 the prosecution. This is not the first time in the history of these 
 cases that the life of an innocent man has been asked by these gen- 
 tlemen. 
 
 In the trial of poor old Berry Howard, over at Frankfort, Mr. 
 Franklin called him a monstrous, murderous, frozen-hearted assassin, 
 and asked that his life go out upon the scaffold. Mr. Franklin was 
 doing that in his alleged official duty, and he is prosecuting me now in 
 his alleged official capacity. Mr. Franklin was mistaken about the 
 guilt of poor old Berry Howard because the jury said in that case: 
 "We the jury agree and find the defendent not guilty." Mr. Arthur 
 Goebel was present upon that occasion and was lending aid and en- 
 couragement to the prosecution. He, no doubt, believed Berry Howard 
 was guilty of the murder of his brother. There is no doubt he believed 
 it. He was relying upon the word of this weasel-eyed wretch Henry 
 E. Youtsey. Youtsey had told him on the very day of his arrest that 
 he had let Howard into the private office of the Secretary of State 
 with Dick Combs, Jim Howard and others. Mr. Goebel believed Henry 
 E. Youtsey and upon that belief in Youtsey's story he had an innocent 
 man dragged- from the mountains of Kentucky and put upon trial for 
 his life. 
 
 And in the trial of Capt. Garnet D. Ripley, the papers had it that 
 Mr. Franklin made one of the most powerful efforts of his life, that he 
 spoke for four long hours and asked the jury to take the young man's 
 life from him. 
 
 Mr. Arthur Goebel was- present aiding in that prosecution. In 
 the belief of the guilt of Capt. Ripley Mr Franklin was mistaken and 
 Mr. Arthur Goebel was mistaken because the jury in the case of Capt. 
 Garnet D. Ripley said: "We, the jury, agree and find the defendent not 
 guilty." And they sent him to his home. So this is not the first time, 
 men, in the history of these cases that the prosecution has been mis- 
 taken and Mr. Goebel has been mistaken in his pursuit of a man he 
 believed to be implicated in the murder of his brother. The truth is, 
 men, that the prosecution in this case is most crazed for a verdict of 
 
guilty. They feel that a verdict of acquittal at your hands would 
 break the backbone of their alleged conspiracy, and for this to be done 
 at this particular time, with Taylor and Finley, yet at large and yet to 
 be tried, and with the coming State campaign on hand, would be a 
 serious blow to the hopes and the purposes of the prosecution. They 
 keenly appreciate the necessity for a conviction, and in order to ac- 
 complish it, men, they have stopped at hardly anything in this case, 
 but upon the contrary they have stooped to a great many things. They 
 have attacked my integrity in, the open;, they have trampled under foot 
 my liberty; they have tried to grind my honor into atoms, and they 
 have even gone to the extent of attacking the integrity of you gentle- 
 men in the back and by stealth, and at the same time professing 
 friendship. 
 
 Leaving out of view that fact that it is always unpleasant to sit in 
 judgment upon sacred rights of one of your fellow men, your 
 position in this case from another view-point is by no means an en- 
 viable one. Truth to speak, men. they are relying more upon your 
 political affiliations for a verdict of guilty than they are upon the 
 law and the testimony, and the oath you have taken to give me a fair 
 trial. I think I can make that clear to you. 
 
 The county of Bourbon, in 1896, gave McKinley a majority of over 
 four hundred votes, and in the campaign of 1899 it gave Taylor a 
 majority. Taking the McKinley vote as a basis, had there been no 
 distinction made on account of politics, there ought to have been 
 serving on this jury about seven Republicans and five Democrats. 
 And yet in the face of this fact, and divers others like unto it, the 
 prosecution maintains that politics has nothing to do with the trial of 
 this case. Mr. Campbell and Mr. Hendricks, have gone to the extent 
 of saying that whatever politics have been injected into this case, 
 have been injected into it by the defendent. Injected into it by the 
 defendant! What interest, pray tell me, has the defendant in injecting 
 politics into this case? If there is one thing more than another in 
 which the defense is interested in, it is, in keeping politics out of 
 this case. If there is one thing more than another in which the defense 
 is interested in, it is, that this case be tried in the spirit of truth and in- 
 quiry and not in thespiriTof political hatred and revenge. What could it 
 profit the defense, pray tell me, to draw the bow across the strings of 
 political passion when eleven of those strings are Democratic strings 
 and, possibly one, a Republican string? Politics has been injected into 
 this case, men, not by the defendant; but by the prosecution, and I 
 think I can make that clear to you gentlemen. 
 
 The statutes of our State provide that it is the duty of the jury 
 commissioners to place within the jury wheel the names of sensible, 
 sober, discreet house-keepers of the county, over twenty-one years 
 of age, and residents in different portions of it. These are the qualifi- 
 
9 
 
 cations and the only qualifications that jurors are required to possess; 
 and when the sheriff is sent out over the country to select men to do 
 jury service in this, or any other case, these are the qualifications 
 and the only qualifications that the jurors are required to possess. 
 And when sheriffs are sent out, as in this case, to select men to do 
 jury service, these are the qualifications and the only qualifications 
 that the jurors are required to possess. There is no provision in our 
 law which says that Democrats only shall do jury service. There is 
 no provision in our law which says that Republicans shall not do 
 jury service. The laws of our country do not take into consideration 
 the politics of the juror. That being true, men, there must be some 
 reason why there are eleven Democrats doing jury service in this case 
 and possibly one Republican. There must be some reason why there 
 was not a single Republican on the jury that tried me the last time 
 I had a trial, although one-half of that jury came from the good county 
 of Bourbon; There must be some reason why there was not a single 
 Republican on either one of the juries that tried Jim Howard; not a 
 one on the jury that tried Berry Howard; not a one on the jury that 
 tried Capt. Ripley; not a one on the jury that tried Youtsey. 
 
 It will net do to say that Democrats always happen to be selected 
 to do jury service in these cases. It has happened thus in too many 
 cases and too often. It will not do to say that the jury commissioners 
 always "happen" to place the jury wheel the names of Democrats and 
 never happen to place within the Jury wheel the names of Republicans. 
 It will not do to say that if the jury commissioners do "hap- 
 pen" to place within the jury wheel the names of a few 
 Republicans and the names of a few Republicans "happen" 
 to be drawYi from the jury wheel, or the sheriff in his 
 perambulations over the country "happens" to summon a few Republi- 
 cans to do jury service that prosecution almost invariably "hap- 
 pens to reject thc&e particular Republicans from jury service. It will 
 not do to say that out of 176 men summoned in this case, at this trial, 
 from a county that gave McKinley over 400 majority in 1896, that 172 
 of these men thus summoned "happened" to be regular Democrats and 
 but four happened to be Republicans, and none "happened" 
 to be Independent Democrats. It won't do to say that Mr. 
 Franklin "happened" to exhaust one of his peremptory challenges in 
 this case, upcn one Charles W. Penn, a Republican, when this jury 
 box was first filled, and when there were eleven Democrats subject to 
 peremptory challenge. Have you ever asked yourselves the question 
 since this trial began: "What is it that peculiarly fits me for jury 
 service that unfits my Republican neighbor?" "What are the qualifica- 
 tions that I possess that makes me a competent juror in the eyes of 
 the prosecution that my Republican neighbor does not possess, and 
 makes him incompetent?" These are serious questions, gentlemen, 
 
10 
 
 What is it that a man must possess to make him a competent juror in 
 this case or in these cases that is neither prescribed by the laws nor 
 the statutes of our country? The Republicans possess all the statu- 
 tory qualifications. In the eyes of the law they would be competent 
 jurymen. Then what is it that a man must possess to 
 make a competent juror in this case that is neither pre- 
 scribed by the laws or statutes of our States? What can 
 it be? Have you ever asked yourselves the question, Mr. 
 Ingalls, what can. it be? I will tell you. You must in the 
 past have voted the straight Democratic ticket. And why must you in 
 the past have voted the straight Democratic ticket before you are 
 permitted by the prosecution to serve as a juror in this case? The 
 reason, is, that they expect you to vote the straight Democratic ticket 
 in the rendition of your verdict. Be not deceived about it. In other 
 words, to say least of it, they expect your political affiliations to help 
 you render that verdict. Then in what attitude are they placing you 
 men before the communities in which you reside and before the eyes 
 of the world — relying upon your political affiliations for a verdict of 
 guilty, whether the law and the facts authorize such a verdict or not? 
 If I were you men, careful of my good standing in the country and 
 jealous of my honor, I would resent certainly any such imputation up- 
 on my integrity, whether those imputations came from friend or foe. 
 
 I am a Republican, gentlemen. I have never had any apologies to 
 make for my Republicanism. I have none to make now. You 
 gentlemen are Democrats and you have a right to be Democrats. You 
 have a right to affiliate with whatever political party you believe to be 
 to the best interests of this country. The man who would deprive you 
 of that right is an intellectual thief and- robber at heart. But no man 
 has the right — no set of men have the right, to expect of you a cer- 
 tain sort of verdict by reason of your political affiliations, when you 
 have entered the jury box and have taken a solemn oath that you took 
 to try me from the law and the testimony. Doubtless you gentlemen 
 are saying in your heart that it does look like the prosecution has had 
 a sinister motive in this. Doubtless you are saying in your hearts that, 
 if the prosecution is relying on our political affiliations for a verdict 
 of guilty, that they are relying upon a broken reed. There is not an 
 honest man on this jury but what is saying that in his heart. Doubt- 
 less you are saying that your political affiliations shall have nothing to 
 do with the rendition of your verdict one way or the other. There is 
 not an honest man on this jury but what is saying that in his heart, 
 not a one, my friends. Doubtless you are saying that you have 
 no bias or prejudice in this case, one way or the other and all that 
 may be true; and yet you may be mistaken about it. I am told that 
 there are certain fever districts in some of the States of this Union, 
 notably in Florida and Missouri, that so long as one remains at a 
 
11 
 
 certain elevation above the sea level that he is immune from the 
 dreaded fever; but that so soon as he descends below the safety line, and 
 comes in contact with the germs of the disease and that he contracts 
 it. If you were a stranger in that country and should drive dowu and 
 drive out and some one should say to you: "You have contracted the 
 fever," you would say: "You are very much mistaken. I never felt 
 better and freer of disease in all my life;" and yet without your 
 knowing it, you would have contracted the fever. And you, gentlemen, 
 may have come to this case with. that fever of prejudice with which 
 you are not aware. Such a thing is possible. 
 
 I know that you men have heard of me. I know you have heard 
 a great many things said about me that are untrue. I know that is a 
 fact. The truth is, and I expect to speak the truth if I know it, the 
 truth is, that the question of my guilt or innocence has long since 
 become a political question in this State. You know that the Demo- 
 cratic papers, from the great dailies down to the little country organs, 
 have continuously and vociferously proclaimed that I am guilty. The 
 Republican press on the other hand says I am innocent. Political 
 campaigns have been waged in this State upon that question. Politi- 
 cians have been elected to office and others have been defeated for 
 office in proclaiming the one or denying the other. It has become a 
 political question throughout. On the one hand stands the great mass 
 of Democratic voters throughout the, State, who have been taught to 
 believe that I am guilty. On the other hand, stands the great mass 
 of Republican voters throughout the State, who believes I am not guilty. 
 You know that. The communities from which you gentlemen came 
 are divided on that question to-day and they are divided on it, in the 
 main, as you know, along political lines. The affair generated out of 
 political strife and excitement. The Democratic leader of the State 
 was killed — shamefully murdered. The Republicans were charged 
 with that murder, and it is almost impossible to take politics from 
 this case. It is a difficult matter not to make up one's mind about a 
 thing when it is in everybody's mouth; when it is discussed through 
 the newspapers, from the pulpit, on the huskingS', at the country cross 
 roads, and at the country stores. 
 
 Some of you men said that you had formed opinions in this 
 case. You, Mr. Lawson, you Mr. Wyatt, and you, Mr. Mitchell, said 
 that you hadi formed opinions, and that you were afraid to risk your- 
 selves and afraid to trust yourselves to give me a fair trial. Others of 
 you said that you had formed opinions in this case. You, Mr. Wilson, 
 said that you would go into the jury box with prejudice and that that 
 prejudice would have to be removed by testimony. You, Mr. Ingalls, 
 said that you had an opinion formed,, and both of you Mr. Estes, said 
 that. Others of you said you had not formed any opinion. You said that 
 Mr. Ryan and you Mr. Booth, and you Mr. Hill, but you may have 
 
12 
 
 com© to this jury box, like tiie man out of the fever district of Florida, 
 having that germ of prejudice and bias of which you are not aware; 
 such a thing is possible. And in the name of all that is dear and sacred, 
 I ask you to rid yourselves of all feelings of hostility, bias or prejudice 
 that you may feel towards me by reason of my political affiliations, if 
 you have any, or by reason of the prejudice you have 
 against the section of the State from which I come, if you 
 have any, and give me that same sort of a fair and im- 
 partial trial that you would give one of your neighbor's boys. What- 
 ever may be my politics, whether good politics or bad politics, it does 
 not alter the fact that I am a citizen, of this Commonwealth and a 
 human being, and entitled to a fair and just trial at your hands. 
 Whether the section of the State from which I come be a good sec- 
 tion or a bad section; it does not alter the fact that I am entitled 
 to a fair and an unprejudiced hearing at your hands, and I believe that 
 you are going to do what you can to give it to me. I believe that. But I 
 ask you to bear in mind that we are all a frail, weak, short-sighted 
 set of human beings in this world; and that our prejudices and likes 
 and dislikes have a great deal to do in controlling our conduct through- 
 out life. The prosecution know this, and, as I say, they have had you 
 summoned here in the hope that your political affiliations would write 
 for you a verdict cf guilty. How insidiously has the poison of politi- 
 cal prejudice and revenge been injected into this case! Everything 
 has been done and said that could be done and said to make you 
 gentlemen have contempt for me. You know that. The mountain 
 people have been sneeringly referred to. Mr. Hendricks called them 
 murderers, and maurauders, red-handed assassins and black-hearted 
 villians. That conduct on the part of the prosecution is neither fair 
 to you nor to me. It is not fair to you because it is an effort on the 
 part of the prosecution to have you convict me by reason of your pre- 
 judice, and none of us is without. It is not fair to me, because it is 
 an effort on their part to have you convict me outside of the law and 
 independent of the testimony. I think the prosecution should deal 
 fairly with you gentlemen, and with me, and I think we should deal 
 fairly with each other, and so far as I am individually concerned I 
 propose to deal fairly with you in the discussion of this case and I 
 desire to say to you now that if I advance any argument that does not 
 seem to you to be reasonable and right, I ask you to reject it. If I 
 misquote or misstate any of the testimony, I beg of you not to consider 
 it, because you ought not to. I think we should deal fairly with each 
 other, men, and if I properly understand the mission of an advocate 
 before a jury, or of a lawyer, or client in the argument of a case it is 
 not, or should not be, to misquote or misrepresent the law or to dwarf 
 ©r twist the evidence to suit one's own ideas in any indidvual case. 
 Argument before a jury should never be used for the purpose of 
 
13 
 
 artfully covering up the salient points of either the law or the testi- 
 mony to the end that the jury may be induced to bring in an unjust 
 verdict, unjust either to the State or unjust to the accused. So far 
 as I am individually concerned, I know that I am gifted with no such 
 words, or worth, or power of speech to force you either beyond the 
 law or the testimony in the case, if I had desires of that character, 
 which I have not. 
 
 These gentlemen prosecuting me here have been given all the ad- 
 vantages that this glorious Blue Grass country and other favored sec- 
 tions 01 cur land affords, while my home and life have been cast among 
 people whose advantages have been poor, whose means have been 
 limited, and whose opportunities to fit their sons and daughters to 
 cope with their fellow men have been of the worst. Besides, men, as 
 you see, I am a mere boy, unaccustomed to making speeches like these 
 able and adroit lawyers I have no power to write my innocence on 
 your hearts and engrave it on your bones as justice in this case says 
 that it ought to be done. If I had the same power of speech and the 
 same force of logic as my friend, Mr. Franklin, I could convince you, 
 almost before my argument began, that the harming of Mr. Goebel 
 never entered my heart and that I am the worst abused and perse- 
 cuted man ever accused of crime on the American soil. But these 
 extraordinary gifts, men, I do not possess, and I shall, therefore, have 
 to ask you to go over the law and the testimony in this case in but a 
 common place way, and if I can be of any aid to you in arriving at a 
 correct verdict, I will feel that I have discharged my duty fairly and 
 faithfully to you and been of service to myself. I ask you to let us 
 reason together. 
 
 If you have me convicted in your hearts already, if you feel 
 that I am a guilty assassin and you regret that you were brought 
 into this close contact with me, if during the progress of this 
 trial your ears have been open and anxious and ready and willing to 
 catch everything of a damaging nature brought out against me and 
 turn a deaf ear to all that has been said on the side of the defense, 
 then any efforl on my part to convince you that I am an innocent man 
 would be a waste of my needed vitality andi a useless consumption 
 of your time. But you gentlemen will not do that. You have taken 
 a solemn and impressive oath: "I do solemnly swear that I will try 
 this case accordiing to the law and the testimony and a true verdict 
 render, so help me God," and so far as within your power lies, I 
 believe you will keep sacred that solemn oath. Whatever may be your 
 religious tenets^ whether believer or unbeliever, Catholic or Protestant, 
 Jew of Gentile, whatever may be your political affiliations, whether it 
 be that of a Democrat or that of a Republican, the oath you have 
 taken has within it a mighty force, that ought to lift every man who 
 takes it out of all political bias and prejudice: so far as our weak and 
 
14 
 
 imperfect nature will allow us, it ought to lift us into a region of ab- 
 solute duty and absolute truth. When your verdict is rendered, the 
 testimony and the law in this case ought to authorize and justify you 
 in that verdict. You have raised your hands between your heads and 
 heaven and called witness to Almighy God that a true verdict you 
 would render in this case. The eyes of a proud Commonwealth are 
 upon you; aye, the eyes of a great nation are turned towards the scene 
 of this trial. The prayers of a justice-loving people are with you in 
 the rendition of such a verdict that innocence merits, right demands, 
 your heart sanctions and your consciences approve. I have always 
 believed that the right in this case would in the end prevail. Seasons 
 in and seasons out, years in and years out, through dark fortunes and 
 through bright, (if there have been any bright), I have continued 
 pleading and appealing to my fellow countrymen, and I am now par- 
 ticularly pleading and appealing to you gentlemen to end this long 
 and bitter controversy in a way that justice demands, right approves 
 and your hearts sanction. 
 
 I am sure you will agree with me that when it is ended that it 
 ought to be ended in such a way that no harm will befall an innocent 
 man and that no guilty man shall go unpunished; and I am sure you 
 will agree still further that when it is ended it ought to be ended in 
 such a way as will be a credit to Kentucky for her sense of fairness 
 and justice in dealing with those accused of the infraction of her 
 laws. If you men should render a verdict of not guilty in this case 
 and it should turn out within the next week or within the next year 
 that I am guilty, then Kentucky would be held in just contempt for 
 the lax administration of the law; if upon the other hand you should 
 find a verdict of guilty in this case and it should turn out within the 
 next one hundred years, as it will turn out, that I am not guilty, then 
 a greater injury has been done the State than if she had put herself 
 down upon the side of law and justice and mercy and humanity. So 
 it becomes important, gentlemen, to the State of which we are citi- 
 zens that a just verdict be rendered in this case. Such a verdict as 
 will do no injury to the State, no harm to the accused, no violence to 
 the oaths you have taken to render a just verdict in this case and 
 such a verdict as will not in future years bring remorse of conscience 
 to your souls. 
 
 There is but one thing before you in order to determine what that 
 verdict shall be, and that is the question of my guilt or innocence. So 
 far as the merits of this individual controversy are concerned, it does 
 not matter whether one thousand mountaineers or ten thousand were 
 brought to Frankfort by me before the killing of Mr. Goebel, because 
 no man who came with that mountain crowd has been indicted for 
 firing the fatal shot. So far as the merits of this individual contro- 
 versy are concerned, it does not matter whether Taylor called out 
 
15 
 
 the militia before or after the shooting of Senator Goebel. I was 
 not a military oflBcer, gentlemen. I had nothing to do with 't-he militia. 
 No connection has been shown between me and the militia. So all 
 these things do not matter. The question is, the thing with which I 
 am charged is, did I procure some one to shoot and murder Senator 
 Goebel and was he killed in pursuance of that counsel and advice, if 
 I did so counsel and advise? 
 
 That is the question in this case, men, and in the determination 
 of that question there are certain well defined roads we must travel, 
 two beacon lights by which our heads and handis and hearts are to be 
 guided in our deliberations, and that is the law that has been given 
 to you by this Honorable Court and the testimony you have heard from 
 the mouths of the witnesses. That is it, men, those are the two things: 
 the law and the testimony. 
 
 This is a peculiar case in some respects. Under ordinary circum- 
 stances and under ordinary conditions the juries of the country are 
 left to decide what weight and what credence they are willing to give 
 to the testimony of any witness or any number of witnesses, but 
 that is not true in this case. Human wisdom and human experience 
 has been such that when men are charged with conspiracy to murder 
 their fellow men, those men cannot be relied upon to tell the truth 
 when they are testifying against another alleged co-conspirator for 
 their own liberty. The Court tells you in one of his instructions, I 
 believe number eight, that one alleged conspirator cannot corroborate 
 another alleged conspirator, that you cannot believe all the alleged 
 conspirators unless their testimony is corroborated by other testimony 
 material to the issue. If the county of Bourbon was filled to stand- 
 ing room with men all swearing until they were black in the face 
 to any particular fact, if they were alleged co-conspirators, this Court 
 tells you that you cannot believe them all unless their testimony is 
 corroborated by other testimony material to the issues. If the black- 
 est convict in the penitentiary at Frankfort should come here wearing 
 the badges of infamy around his person, the law tells you and the 
 Court tells you that his testimony would be entitled to more weight 
 and more belief, and more credence than the testimony of a million 
 Cultons, a million Goldens, a million Cecils, and a million Youtseys. 
 Why? Because the law would not challenge the negro's testimony. 
 It would not require the negro's testimony to be corroborated before 
 it could be believed, but the law does challenge the testimony of Cul- 
 ton. Golden, Cecil and Youtsey &, Company, and says that it must be 
 corroborated before it can be believed. 
 
 And another thing in regard to these instructions. We have 
 heard a great deal said by Colonel Hendricks about a reasonable 
 doubt, believeing things beyond a reasonable doubt, before you 
 oould convict the defendant in this case. If you were to rely 
 
16 
 
 upon the words of Colonel Hendricks, the words "reasonable doubt" 
 are a mere empty pErase. It does not mean anything, and does 
 not signify anything. This honorable Court has a different conception 
 of that phrase, "beyond a reasonable doubt." I will not take up your 
 time to read these instructions — that was done by Judge Morton — 
 but I desire to say to you that in every instruction upon which a 
 verdict of guilty can be asked that you will be compelled to believe in 
 the guilt of the accused beyond a reasonable doubt. This Court has gone 
 farther than that. It fears that you may overlook that important 
 language in these instructions, and he has embodied it i;^ a separate, 
 distinct and independent instructions, and said to you that you cannot 
 find the defendant guilty unless you believe beyond a reasonable doubt, 
 from the testimony, that he is guilty of that with which he is charged. 
 What does that phrase "beyond a reasonable doubt" mean, gentlemen? 
 It must mean something; else, the Court would not have used it. And 
 I desire to say to you that there is a great distinction between the 
 trial of civil and criminal cases in this particular. If this had been 
 a civil case the Court would have told you that the verdict ought to 
 go to whichever side has the greater weight of testimony to sustain 
 it. Our law-makers in their wisdom have said this. Jurors in all civil 
 cases have hung up before their eyes the scales of justice, as it were, 
 and are required to render a decision for whichever side has the 
 greater weight and value of testimony to sustain it. If it is for the 
 plaintiff, find for the plaintiff. If it is for the defendant, find for the 
 defendant. But that is not the law in the trial of criminal cases. 
 Human liberty and human life are worth more than mere dollars and 
 cents. It is so precious' and so sacred in the eyes of the law, 
 before you, in the capacity of jurors in this case, can lay violent hands 
 upon my liberty, you must believe from the testimony, beyond all 
 doubt, founded upon reason, that I am guilty of that with which I am 
 charged. Greenleaf, the great writer on this branch of the law, has 
 defined the phrase "beyond a reasonable doubt." He says it means 
 this: "That in all cases of circumstantial testimony, the facts intro- 
 duced upon the side of the prosecution must be such that there can 
 be no escape from the conclusion that the defendant is guilty. In 
 other words, the crime with which the defendant is charged could not 
 have been committed at the hands of another or by the procurement 
 of another." That is the law in this case. I will give Mr. Franklin 
 the opportunity and the privilege to read to you from any law book 
 known to civilized man, to confute, or contradict the position I have 
 here taken. Applying that law to this case, there is not a possibility of 
 you gentlemen rendering a verdict of guilty. For. is it not possible 
 that Youtsey fired the fatal shot on his own volition? Is not that 
 possible? Is it not possible that there could have been a conspiracy 
 without me being a member of it? Is it not possible that Butler and 
 
17 
 
 Miller and Jim Frank Taylor and E. U. Fordyce and Ed Mentz and 
 Walter Day and George W. Long, told the truth, when they told you 
 that my mission to Louisville on the 30th of January, was for a legiti- 
 mate and honorable purpose? If any of these positions can be true, 
 there is no possibility of there being found in this case, a verdict of 
 guilty. 
 
 Now, gentlemen, having briefly stated the law governing this 
 case, I desire to take up the testimony and see what it proves and 
 what it disproves. Before there can be a contention between any set 
 of individuals upon any sort of a proposition, there must be some com- 
 mon ground upon which to stand, something upon which the two con- 
 tending parties agree. The prosecution upon the one hand and the 
 defendant upon the other, in the case, agree, that Senator Goebel came 
 to a shameful death and that those responsible for hiS' taking off should 
 be severely dealt with. We agree further, that assassination is the 
 most cowardly and blackest of crimes known to the catalogue of 
 offenses. 
 
 Every honest impulse of the human heart revolts and rebels 
 against it. We agree further, I presume, that the killing of Goebel was 
 the worst possible thing that could have befallen the Republican party 
 in this State, and whether we agree on that last proposition or not, 
 you gentlemen know that it is nevertheless true. Then the thing upon, 
 which we agree are, that Senator Goebel came to a shameful death; and 
 that those responsible for his taking off should be punished; and that 
 his killing was the worst thing that could have befallen the Republi- 
 can party in this State. 
 
 We differ as to who is responsible for his death. The prosecu- 
 tion claims that Senator Goebel came to his death as the result of a 
 huge Republican conspiracy of which they say, I was a member. And 
 in sopport of their contention they introduce a large mass of testimony 
 which may, for the convenience of discussion, be divided into some five 
 main divisions: 
 
 They say, first, that the bringing of the mountain crowd to 
 Frankfort, five days before Senator Goebel came to his death consti- 
 tuted a part of the conspiracy to murder him. 
 
 They say, second, that it was the plan of those implicated in the 
 conspiracy to have the fatal shot fired from the office of the Secretary 
 of State and that it was fired from there. 
 
 They say, third, that I absented myself from that office on the 
 30th of January, 1900, for two reasons; first, to give the assass'ln an 
 opportunity to use that office, and for the further reason, as they al- 
 lege, to try to take suspicion of the crime from myself. 
 
 They say, fourth, that the militia was to be used for the purpose 
 of protecting those alleged to be implicated In the i^illing from arrest 
 or from violence and that it was so used. 
 
18 
 
 And they introduce, fifth, a large mass of threats and statements 
 on the part of divers individuals, Culton, Golden, Youtsey and others, 
 to try to bolster up their claim and theory of a conspiracy. I think I 
 have stated with accuracy and with fairness tne claims of the prose- 
 cution in this case. 
 
 The defendant, upon the other hand, denies these various allega- 
 tions' on the part of the prosecution and says first, that Senator Goe- 
 bel did not come to his death as the result of a huge Republican con- 
 spiracy, or of any conspiracy, of which I was a member. 
 
 The defense says, second, that the bringing of the mountain crowd 
 to FYankfort, five days before Senator Goebel came to his death, did 
 not constitute a part of the conspiracy to kill Senator Goebel as al- 
 leged' by the prosecution; but that they came to Frankfort upon a legi- 
 timate and peaceful mission; to petition the Legislature and remour 
 strate against those in power from overthrowing the will of the people 
 as expressed at the polls. 
 
 The defense says, third, that if the fatal shot was fired from the office 
 of the Secretary of State that it is the very best proof that I am not 
 implicated in it; because nobody but a fool, would ever agree for a 
 murderous shot to be fired from the windows of his office, or his home, 
 if he were connected with it. 
 
 The defense says, fourth, that I did not absent myself from the 
 office on the 3?>th of January, 1900, for the purpose of either letting 
 my office be used for the purpose of assassination, or for the purpose 
 of trying to cover up my alleged connection with it; but that my trip 
 to Louisville on that day was for a peaceful and legitimate mission, of 
 trying to bring to Frankfort, mostly from "Western Kentucky, another 
 crowd of petitioners to petition the Legislature. 
 
 The defense says, fifth, that the militia was not used, as alleged 
 by the prosecution in this case, to protect the assassins from arrest, 
 but that it was used for the purpose of protecting the occupants of the 
 Executive building and' the attachees of the various offices from mob 
 violence. The defense further says, that if the prosecution be right 
 in their claims that the militia was used for the purpose of protect- 
 ing the assassins, that I should not be held chargeable with it, because 
 I was not a military officer and I had nothing to do with the calling 
 out of the militia. There has been absolutely no connection shown 
 between me and the militia, one way or the other. 
 
 And the defense claims, sixth, as to these various threats 
 and statements proven on the part of the prosecution, that they 
 have been proven by men like Golden, Culton and Cecil and 
 Youtsey, who are under indictment in this case and swearing 
 for immunity, or they are sworn to by such men as Broughton and 
 Huber, Smith and Company, who are swearing for money. Those are 
 the claims of the prosecution and the defense in this case. Somebody 
 
19 
 
 must be right; somebody must be wrong. The claims of both sides 
 cannot be right because the two claims are antagonistic, one to the 
 other, and the existence of the one set of claims negatives the exist- 
 ence of the other set. 
 
 (Court here took a few minutes for recreation). 
 
 When the Court kindly gave me a little rest, gentlemen, I was 
 just saying that the claims on the part of the prosecution and those 
 on the part of the defense could not possibly both be true. Now, I de- 
 sire to take up the first claim on the part of the prosecution, namely, 
 that Senator Goebel came to his death as the result of a huge Republi- 
 can conspiracy of which they say I was a member. That claim on 
 the part of the prosecution is like every other claim they make. It is 
 either right or wrong. If they are correct that Senator Goebel came 
 to his death as the result of a huge Republican conspiracy of which 
 I was a member, I see no escape for you gentlemen but to bring in a 
 yerdict of guilty. If upon the other hand, they are mistaken in that, 
 claim you, gentlemen, cannot do anything else but bring in a verdict 
 of not guilty. 
 
 Senator Goebel, from the evidence, came to his death in one or the 
 other of three ways. First, he either came to his death as the result 
 of a misadventure which I will not discuss; second, or he came to his 
 death at the hands of some one acting on his own volition. Third, 
 or he came to his deatli as the result of a conspiracy. If he came to 
 his death at the hands of some one acting on his own volition, I could 
 not be guilty. I was seventy-five miles away from the scene of the 
 tragedy at the time of its commission and could not have fired the 
 fatal shot. He either came to his death in the one or the other two 
 ways that I have stated, and in either case I could not be guilty, or he 
 came to his death as the result of a conspiracy, and if he came to 
 iis death as the result of a conspiracy, I was either a member 
 of that conspiracy or I was not a member of it. If he came to 
 his death as the result of a conspiracy of which I was not a member, 
 no one will contend that I am guilty. 
 
 WAS THERE A CONSPIRACY. 
 
 Let us address ourselves to the first claim of the prosecution. 
 In order to make any particular individuals responsible for the death 
 of Senator Goebel, they must have met somewhere and formed some 
 sort of a plan to bring about the death of Senator Goebel; and he 
 must have been killed in pursuance of that particular plan. Otherwise, 
 no guilt attaches so far as the death is concerned. Two things are 
 necessary. There must have been a conspiracy to kill Senator Goebel 
 by, at least, two individuals and he must have met his death in pur- 
 suance of that particular conspiracy formed by them. Then, if the 
 prosecution knew who killed Senator Goebel at the time this indict- 
 
20 
 
 ment was returned gainst me, it was the duty, under the law, of the 
 Commonwealth's Attorney, Mr. Franklin, to name those men in the 
 indictment. 
 
 There either was, or there was not, a conspiracy. If there was, it 
 must have been formed some place and some one must have been 
 in it. It could not have sprung into existence without human aid. 
 Stones and trees do not enter into conspiracies to murder human be- 
 ings. The Court says, in his instructions: "A criminal conspiracy 
 is a corrupt combination of two or more persons by concerted action 
 to do an unlawful act or to do a lawful act by unlawful means." 
 Then before there can be a conspiracy there must be a corrupt combi- 
 nation of two or more persons. In order for there to have been a 
 conspiracy to have brought about the death of Senator Goebel, two or 
 more persons must have met some place and entered into an agree- 
 ment looking to that end. For in order for there to have been an 
 agreement there must have been some talk on the subject and the 
 men must have met together. Then we arrive at the conclusion 
 that the men who conspired to take the life of Senator Goebel, if there 
 was a conspiracy, must have met a/t a place for that purpose or had 
 some communication. That is a plain proposition, gentlemen. The 
 prosecution cannot dispute it. Let us see who the prosecution say» 
 were the ones who entered into the alleged conspiracy. 
 
 Let us see. A while after Senator Goebel was killed, on the 30th 
 of January, 1900, it was either claimed by the prosecution, or its 
 friends, that this alleged conspiracy that resulted in the death of 
 Senator Goebel had within its scope most of the leaders of the Repub- 
 lican party of the State. You know, gentlemen, that charges of that 
 character were made. The prosecution has formally charged some 
 twenty men with being in the conspiracy to bring about the death of 
 Senator Goebel. Now, let us take up and see who the prosecution 
 has been mistaken about in their claims and in their charges. 
 
 To begin with, old man Harlan Whittaker was arrested a few 
 minutes after Senator Goebel was killed charged with having fired the 
 shot. He was carried to the Franklin County Jail, surrounded by a 
 meb that begged for the poor man's life, and wanted to take it with- 
 out trial by either judge or jury. 
 
 Following Harlan Whittaker's arest, the next man who was charged 
 with having taken part in the murder of Senator Goebel was Silas 
 Jones, a witness here for the prosecution. You reemember that Jones 
 was arresteed on the 9th day of February in the city of Frankfort, by 
 Detective Armstrong and others; carried down to the police headquar- 
 ters and there told that he either killed Senator Goebel himself, or 
 knew who did it, and if he aid not tell that they would call the mob. 
 Silas Jones did not know and could not tell, and he was lodged in the 
 jail at Frankfort. 
 
21 
 
 Following his arrest came the arrest of a Mr. Sutton, Sheriff of 
 Whitley County. The papers teemed with damning testimony against 
 him. They said it was certain that he was implicated and he was 
 carried from one jail to another of this State in shackels and chains, 
 branded as a felon. 
 
 Following his arrest came the arrest of Mr. Hazelipp, who was an 
 oflScer at the Asylum at Lakeland. He was carried in chains up to 
 Frankfort. Following that, on the 9th of March, warrants of arrest 
 were issued for my brother, Charles Finley, William Culton, Captain 
 John Davis and myself, charging us with the crime of bringing about 
 the death of Senator Goebel. 
 
 Following that came the arrest of Henry E. Youtsey, on the 27th 
 of March, 1900. These were the only arrests that were made before 
 people were formally accused by indictment. 
 
 At the April term of the Franklin court, 1900, indictments were 
 returned against five men who the prosecution claimed were the prin- 
 cipals in this murder, namely, Harlan Whittaker, Jim Howard, Berry 
 Howard, Tallow Dick Combs, and Henry E. Youtsey. They said in 
 the indictment, which has been read to you, that there was a number 
 of other people connected with the five named, as principals, that 
 were unknown to the grand jury and unknown to the prosecution. At 
 the same time indictments were returned against several people, 
 charging them with being accessories before the fact to the murder of 
 William Goebel. They indicted at that time Taylor, Finley, myself, 
 my brother, Captain John Davis, Greene Golden. Wharton Golden and 
 Bill Culton, charging us with being accessories before the fact. Fol- 
 lowing these indictments, the next man charged by the prosecution 
 as being implicated in the murder of William Golden, was His Honor, 
 Robert Noaks, Esq. Robert Noaks' was arrested over in Virginia a few 
 days before I had my first trial in this Court House in July and August, 
 1900. He was brought down to Frankfort, stayed in Jail a day or two, 
 was brought over here and testified in my case, and after doing that, 
 he was never indicted. Following that the next man charged with the 
 murdier of Mr. Goebel was Capt. Garnett D. Ripley. He was indicted 
 at the January term of the Frankfort Circuit Court, 1901, a year after 
 Senator Goebel had been killed. It took the prosecution a whole year 
 to make up its mind and come to the conclusion that Captain Garnett 
 D. Ripley was guilty of the murder of Senator Goebel. They arrested 
 him down in Henry County, carried him up to Frankfort, and lodged 
 Mm behind prison bars. 
 
 The next men charged by the prosecution with being implicated 
 in the murder of Senator Goebel were Cecil, the witness, and Zack 
 Steele. These men were not indicted until the January term of the 
 Franklin Circuit Court, 1902, two years after Senator Goebel had 
 been killed. I believe these are all the men that have been formally 
 
charged by the prosecution with being implicated in the murder of 
 Senator Gcebel. 
 
 Now, let us see who it is that the prosecution has confessed by its 
 own conduct to be not guilty cf that with which they were charged. 
 
 Silas Jones was arrested, but never indicted. Noaks was arrested 
 but never indicted. Sutton was arrested, but never indicted. Haze- 
 lipp was' arrested, but never indicted. That makes four men who the 
 prosecution has certainly confessed by their conduct to be not guilty, 
 else they would have indicted them and tried them. Four men from 
 this twenty leaves sixteen men who the prosecution at one time or 
 another was so thoroughly convinced were guilty men, that they 
 actually had them indicted by that convenient body, the grand jury 
 of Franklin county. Of the sixteen men, whom the prosecution has 
 formally indicted, let us see who they have confessed by their own 
 conduct to be not guilty of the murder of Senator Goebel. 
 
 They have confessed by their conduct that Capt. Davis is' not 
 guilty of the murder of Senator Goebel, although he was indicted at the 
 same term of Court at which I was indicted, and although he wasi on 
 the train with me when we were trying to get to the mountains of 
 Kentucky. He was dressed in a military garb and he had a pardon in 
 his pocket from W. S. Taylor for alleged complicity in the murder 
 of Senator Goebel. These things, say the prosecution against me, are 
 overwhelming and damning testimony of my guilt. They are not 
 so in the case of Capt. Davis. He is not guilty. The prosecution has 
 confessed that by its conduct, because in August, 1900, Capt. Davis 
 wa.s given bond and sent to his home and told by the prosecution if 
 they ever needed him that they would send for him. They do not 
 now claim that Capt. Davis had anything to do with the murder of 
 Senator Goebel. You have not heard anything of that character in 
 this case. So when they charged in this indictment that Capt John 
 Davis and myself conspired together in bringing about the death of 
 Mr. Goebel, that charge in your indictment, Mr. Franklin, is wrong, ac- 
 cording to your own confession. 
 
 Let us see who else. They charged Greene Golden with being 
 implicated with me in the murder of Senator Goebel, they said that 
 Grene Golden and myself entered into a conspiracy to bring about the 
 death of Senator Goebel. Greene Golden was not arrested for a long 
 time. He was finally arrested and brought to Frankfort and lodged 
 in jail and after many months of weary waiting, was finally discharged 
 on bond and sent home. The prosecution has never tried him. They 
 have never gotten ready to try him. They never expect to trj^ him. 
 And when they charge in this indictment that I conspired with Greene 
 Golden to bring about the death of Mr. Goebel, that charge, they now 
 confess by their conduct, is wrong. 
 
 Let us see who else. They charge in this indictment that I con- 
 
23 
 
 spired with Wharton Golden and W. H. Culton to bring about the 
 death of Senator Goebel. Golden and Culton are two of the leading 
 star witnesses for the prosecution. Golden says he heard a great deal 
 of rash talk. He says that he heard me use a great many expressions 
 of violence, but so far as he is individually concerned, he did not know 
 anything about Senator Goebel going to be killed on the 30th of Jan- 
 uary. He said the only way he expected Senator Goebel to be killed 
 was in a fight in the Legislative hall. So, if Golden's word can be 
 relied upon. Golden certainly did not know anything about the alleged 
 plan of killing Senator Goebel, and, therefore, the conclusion is that 
 I could not have been in any conspiracy with Golden, if I were in one 
 at all. And there is another fact which leads me to believe that the 
 prosecution does not believe that Golden was in a conspiracy to 
 murder Senator Goebel. You remember he told you that he was over 
 here in Cincinnati selling hardware in the store of Mr. Arthur Goebel. 
 I do not for a minute believe that if Arthur Goebel believed that 
 Golden was guilty of complicity in the murder of his brother 
 that Mr. Goebel would have the remotest connection with Wharton 
 Golden, one way or the other. I am confident he would not do it. 
 And there is another thing about Culton which leads me to believe 
 that the prosecution does not believe him to be guilty. I am not pass- 
 ing on the guilt or innocence of Culton. I have nothing to do with 
 that. Culton says he is not guilty. He is a witness for the prosecu- 
 tion and he says he heard a great many threats and statements and 
 heard a great deal of wild talk, and that he was the chosen man to 
 go up in the House cf Representatives and raise a fight and kill off 
 enough Democrats to make a Republican majority and all that, but he 
 further tells you that he was the worst surprised man in the whole 
 city of Frankfort when he heard of Senator Goebel being shot. He 
 further tells you that he never did advise with me in his life concern- 
 ing the death of Senator Goebel, that he never heard me use an ex- 
 pression about it one way or the other. He says he heard me use 
 wild talk, but not about killing Senator Goebel. That is the testi- 
 mony in this case and it will not be denied. And if the people for the 
 prosecution believe that Culton was a member of the conspiracy to 
 kill Senator Goebel, I cannot think that they would have him over at 
 the Wellington Hotel, the best hotel in this town, and be thrown in 
 daily companionship with him. It is your duty, Mr. Franklin, to pros- 
 ecute the guilty and not to associate with them in ideal fellowship 
 and make out of them boon companions. 
 
 Culton says he is not swearing for immunity. Culton says he 
 is not getting anything for his testimony. If Culton is not swearing 
 for immunity, and is not getting anything for his testimony, the pros- 
 ecution surely feels that he is not guilty, because if he is not swearing 
 for immunity nor to get money, if he is guilty, the prosecution would 
 
24 
 
 certainly have brought him -to trial. But you can put Golden and 
 Culton down in whatever category you want to; they both say that they 
 were not in any conspiracy with me to bring about the death of Mr. 
 Goebel. Golden said he didn't know anything about Goebel going to 
 be killed from the office of the Secretary of State, and that he had no 
 knowledge of suet a plan, and Culton tells you that he was the most 
 surprised man in Frankfort when he heard it, and he was never in 
 any plot or plan to bring about the death of Mr. Goebel. Then, if the 
 testimony of Golden and Culton can be relied upon, certainly I was 
 not in any conspiracy with them to bring about the death of Mr. Goe- 
 bel; because they say so, and they are star witnesses for the prosecu- 
 tion, therefore, when you charge in your indictment, Mr Franklin, 
 that I conspired with Golden and Culton to bring about the death of 
 Mr. Goebel, that much more of your indictment must be wrong. 
 
 Let us see who else. They charge in this indictment that I was 
 in a conspiracy with Frank Cecil to bring about the death of Senator 
 Goebel. They put Cecil upon the witness stand and Cecil says that 
 so far SiSi he is individually concerned, he had not the slightest idea 
 that Senator Goebel was going to be killed, except the expression he 
 says that he heard me make the night before Goebel was killed. He 
 says, so far as' he was concerned, he was in no plot or plan to kill Sen- 
 ator Goebel. He said he did not know anything about Mr. Goebel's 
 going to be killed from the oflBce of the Secretary of State. He said 
 when I told him on the night of the 29th of January that there was a 
 man coming down to kill Goebel the next day, that he never asked me 
 who it was or anything about it. But I will get to that conversation 
 later on. He said he never asked me anything about it; never inquired 
 about it; didn't care anything about it. He says when I told him 
 there was a man across the hall who wanted to kill Mr. Goebel a few 
 days ago, and that I would not let him do it, that he did not inquire 
 what the name of the man was; that he did not know anything about 
 it and cared less. Then if Cecil can be relied upon, so far as Cecil is 
 concerned, he and myself did not have anything to do with the mur- 
 der of Mr. Goebel. Cecil said that he was an innocent man. Then 
 when you charge me in this indictment with being in a conspiracy to 
 bring about the death of Mr. Goebel, with Frank Cecil, if Cecil can be 
 believed, that much more of your indictment is wrong. 
 
 Now, let us see who else. They charge in this indictment that I 
 was in a conspiracy with poor old Harlan Whittaker to bring about the 
 death of Senator Goebel. That is the charge in this indictment. 
 Whittaker was turned loose on bond away back in August, 1900, and 
 has been with his wife and children ever since, and the prosecution 
 now says old man Whittaker had nothing to do with the killing of Mr. 
 Goebel. Terms of court after terms of court have passed in this 
 court-house, and the case of Harlan Whittaker has never been called 
 
25 
 
 for trial. The prosecution has never gotten ready to try old man 
 Whittaker. Whittaker has never prepared for trial. They have given 
 him bond and told him to go home, and, if their present theory is to 
 be relied upon, old man Whittaker had nothing to do with the killing 
 of Mr. Goebel. Therefore, the conclusion is inevitable that I could not 
 have conspired with him to bring about the death of Mr. Goebel. 
 
 Let us see who else. Capt. Garnett D. Ripley has been indicted 
 as being an accessory before the fact to the murder of Senator Goebel. 
 They charge that he and I were implicated in the murder of Senator 
 Goebel. As I said a few minutes ago, it took the prosecution a whole 
 year to find out that Capt. Garnett D. Ripley was guilty. They did 
 not indict him until the January term of the Franklin Circuit Court, 
 1901. That was nearly a whole year after Senator Goebel had been 
 killed, and nearly a whole year since they had charged me with being 
 implicated in the murder of Senator Goebel. In other words, the pros- 
 ecution had a whole year to investigate the guilt of Capt. Garnett D. 
 Ripley and after a thorough investigation they came to the conclusion 
 that he was guilty and they arrested him down in Henry county and 
 carried him up to the Franklin county jail, followed by his broken 
 hearted wife and terrified little daughter, and loged him behind the 
 bars. His trial came up in April of the same year and the jury in 
 that case said, "We, the jury agree and find the defendent not guilty," 
 and they sent him home. Therefore, when they charged' in this indict- 
 ment, that I was in a conspiracy with Capt. Garnett D. Ripley to bring 
 about the death of Senator Goebel, that much more of their indict- 
 ment must be wrong. 
 
 Let us see who else. There was Berry Howard, whom they charged 
 in this indictment, that I conspired with to bring about the death 
 of Senator Goebel. Berry Howard was not arrested for quite a long 
 time. He was finally arrested and lodged in jail in Frankfort. He 
 was put on trial for his life, and Mr. Franklin, before the jury, begged 
 for his life. The jury acquitted Berry Howard and sent him home. 
 Therefore, I could not have been in any conspiracy to kill Senator ' 
 Goebel with Berry Howard, because the jury in that case said that he 
 was innocent of the charge against him, and, therefore, when you 
 charge us with joint complicity in the murder of Mr. Goebel, that 
 much more of your indictment, Mr. Franklin, must be wrong. 
 
 Let us see who else. Here is Dick Combs. They charged in this 
 indictment that Dick Combs and myself were in a conspiracy to bring 
 about the death of Senator Geobel. Dick Combs was finally lodged in 
 jail at Frankfort. Away back in August, 1900, he was given bond and 
 sent home by Mr. Franklin, and if their present theory can now be 
 relied upon, Dick Combs had nothing to do with the murder of 
 Senator Goebel. Youtsey told Mr. Arthur Goebel that it was Dick 
 Combs that he was dealing with in trying to kill his brother. Upon 
 
26 
 
 that word of Youtsey, believing what he said, Mr. Goebel certainly- 
 wanted to prosecute the guilty and Dick Combs was arrested, but 
 Youtsey says: "I was mistaken about that. Hocker/.:ith was the 
 man. I am responsible for Dick Combs' indictment and arrest. I told 
 them it was Dick Combs but it turned out to be Hockersmith." So, 
 when they charged in the indictment here that Dick Combs and my- 
 self were in a conspiracy to bring about the death of Senator Gk)ebel, 
 that much more of their indictment is wrong. 
 
 Now, let us see who the prosecution, has confessed by its conduct, 
 that I was in no conspiracy with. I was in no conspiracy with Silas 
 Jones, none with Sutton, none with Noaks, none with Heazlipp; 
 because they were never indicted. I was in none with Capt. 
 Davis, none with Berry Howard, none with Greene Golden, none 
 with Wharton Golden and Bill Culton, if they can be believed, none 
 with Capt. Garnett D Ripley, none with Dick Combs. Then let us 
 see who I was in a conspiracy with, if I was in a conspiracy with any- 
 body. Taking these men from the list, whom else do we have? They 
 say that Taylor conspired with Jim Howard and Henry Youtsey, and. 
 these other men to bring about the death of Senator Goebel. I am 
 here to say to you that I do not know anything about that Taylor 
 may have done it "and he may not have done it. I am not here to an- 
 swer for the sins of Governor Taylor, if he has any sins. He can do 
 that for himself. I don't know whom he conspired with, whether any- 
 body, but, so far as I am individually concerned, I expect to show you 
 that I did not conspire with anybody. They charge in this indictment 
 here that I procured five men to shoot and murder Senator Goebel, 
 and they said at that time that there were unknown men acting with 
 these men, but that bugaboo of an unknown quantity has been cast 
 into the mist. That bugaboo of an unknown man whom the country 
 was taught to believe must have been some mountain man, who came 
 down with that mountain crowd, has been cast away; because, if the 
 prosecution can be relied upon, no man who came in that mountain, 
 crowd had naught to do with the firing of the fatal shots that resulted 
 in the death of Senator Goebel. None were present, aiding, or shelter- 
 ing these who did fire it. But five men have been indicted as prin- 
 cipals: Harlan Whittaker, who lives down in Butler county. Tallow 
 Dick Combs, who had nothing to do with the mountain crowd and did 
 not come with it. Henry E. Youtsey, who lived up here in the North- 
 ern part of this State in the county cf Campbell, and who says he had 
 nothing to do with the mountain crowd, and Jarnes Howard, whO' 
 did not come with the mountain crowd, and had nothing to do with it^ 
 if the position of the prosecution can be relied up; because they 
 say that he came to Frankfort on the very day that Senator Goebel 
 was killed, within less than an hour of the murd^er. The mountain 
 crowd came five days before. But for a long time tais country was 
 
27 
 
 taught to believe that the mountain crowd killed Senator Goebel, and 
 that I brought the mountain crowd to Frankfort, and that, therefore," 
 I am responsible for what the mountain crowd did; because they said 
 that the unknown men in the indictment, certainly embraced some of 
 the mountain crowd. But that ghost of an unknown man, if the prose- 
 cution can be relied upon, has been taken out of the case; for, they 
 now say there was no unknown man about it. They say now that the 
 unknown man had nothing to do with it; that he was, and is, a mere Will 
 o' the Wisp, without either a local habitation or a name. If they can 
 be relied upon it was Jim Howard and Henry Youtsey, who tired the 
 fatal shot that resulted in the death of Senator Goebel, and nobody 
 else was about, or had anything to do with it, because ioutsey says 
 he said to Howard: "Do you want to see the Governor," and Howard 
 said to Youtsey: "I don't want to see anybody," and Youtsey says 
 there was nobody in the hallway, and Youtsey said to Howard: "If 
 you see anybody coming, step under the stairway." Then nobody was 
 in, or about, the office of the Secretary of State, or the hallway, and no- 
 body had anything to do with the killing of Mr. Goebel except Jim 
 Howard and Youtsey, if the position of the prosecution can now be re- 
 lied upon, and, therefore, all this bugaboo about the mountain crowd, 
 or any of them killing Senator Goebel, vanishes into vapor; there- 
 fore, none of this conduct on the part of the mountain crowd, none of 
 this wild speech on the part of the mountain crowd, resulted in the 
 death of Senator Goebel; because no man who came with that moun- 
 tain crowd has ever been accused by the prosecution of firing the 
 fatal shot, or being present, aiding and abetting those who did fire 
 it. Another distinct and independent set of men have been indicted 
 as hertofore referred to, and all of this abuse of the mountaineers 
 about them wearing cottonade pants and buckeye hats, and all this 
 alleged shooting and all this alleged threatening speech on their part, 
 have been dragged into this case for a purpose, and that purpose is, to 
 prejudice you against me; because I did bring the mountain crowd to 
 Frankfort, and I will take up later and explain to you gentlemen my 
 motives for bringing that mountain crowd. But if the prosecution can 
 now be relied upon, no member of that mountain crowd fired the fatal 
 shot, or was present aiding or abetting those who did fire the fatal 
 shot that resulted in the death of Senator Goebel, therefore, if they 
 constituted a part of the alleged conspiracy to murder Mr. Goebel as 
 is maintained by the prosecution, that conspiracy resulted in nothing, 
 because a different set of men, living in other portions of the Statd 
 have been indicted, charged with firing the fatal shot. 
 
 But I am wandering just a bit. I say they have charged me with 
 procuring Harlan Whittaker, Dick Combs, Henry E. Youtsey, Berry 
 Howard and Jim Howard to fire the fatal shot that resulted in the 
 death of Senator Goebel, none of whom came with the mountain 
 
28 
 
 crowd. That is what they charge me with. If I did procure those 
 men to shoot Senator Goebel, I am guilty. If I did not procure those 
 men to kill Senator Goebel, then I am not guilty, although the moun- 
 tain crowd came to Frankfort, and although the militia was called 
 out, and although there was a great deal of excited speech and a 
 great deal of reckless talk done at Frankfort, during those stormy 
 times. I say if I procured Jim Howard, Henry Youtsey, Dick Combs, 
 Harlan Whittaker or Berry Howard to shoot or kill Senator Goebel, 
 then I am guilty, whether the mountain crowd came to Frankfort or 
 not; but if I did not procure Jim Howard, Henry Youtsey, Dick Combs 
 or Harlan Whittaker or Berry Howard to shoot or kill Senator Goebel, 
 then I could not be guilty, although the mountain crowd did come to 
 Frankfort, and although the militia was called out. I think that is 
 clear. 
 
 Now, let us see: Did I procure Dick Combs to shoot and murder 
 Mr. Goebel? What is the testimony in this case? Dr. Prewitt told 
 you that Dick Combs was in the Adjutant General's office when the 
 fatal shot was fired. The testimony in this case is, that I never laid 
 eyes on Dick Combs until after Dick Combs was arrested and lodged 
 in the Franklin county jail charged with this crime, the same as my- 
 self. The testimony is that I never saw Dick Combs, had no communi- 
 cation with him, had nothing to do with him, and did not know him 
 until after he was lodged in jail, after I had been lodged in jail. There- 
 fore, the conclusion is inevitable that I did not conspire with, aid, 
 counsel, advise or procure Dick Combs to shoot and murder Senator 
 Goebel. There can be no doubt about that, and when they charge in 
 this indictment that I procured Dick Combs to shoot and murder Sena- 
 tor Goebel, you know, and the whole country knows, that that much 
 more of their indictment is wrong; because I did not procure Dick 
 Combs to shoot and murder Senator Goebel, if the testimony for the 
 prosecution in this case can be relied upon. 
 
 Now, let us see who else: They charge in this indictment that 
 I procured old man Harlan Whittaker to shoot and murder Senator 
 Goebel. That is charged in this indictment, but the testimony is, that 
 I never laid eyes on old man Harlan Whitaker until after he was 
 arrested and I was arrested, and until we were carried to the Louis- 
 grille jail for safekeeping after Senator Goebel had been shot. That 
 is the testimony in this case. There is nothing in the whole record 
 to contradict it. So if the testimony can be relied upon, I certainly 
 did not procure Harlan Whittaker to shoot and murder Senator 
 Goebel. And besides that the prosecution now says that Harlan Whit- 
 taker had nothing to do with the killing of Goeuci. 
 
 Then they charge me in this indictment with procuring eld man 
 Berry Howard to murder Senator Goebel. That is what they charge 
 me with and that is what you gentlemen are trying me for. That is 
 
29 
 
 the thing upon which you are asked to take from me my life by thfese 
 able gentlemen in their excited arguments. What is the testimony 
 in this case? The testimony in this case is; that I had scarcely met 
 Berry Howard before Senator Goebel was killed; that I had had no 
 communication with him; that I had had no conference with him; that 
 I did not procure him to do anything, and besides that. Berry How- 
 ard has been acquitted of the charge of having fired the shot, or of 
 being present.aiding, or abetting those who did fire the fatal shot that 
 resulted in the death of Senator Goebel. Then three out of the five 
 named persons I could not be guilty with. I was not guilty with 
 Tallow Dick Combs. I did not know Tallow Dick Combs, and Tal- 
 low Dick Combs has been turned loose and has had his liberty for 
 nearly three years. I could not be guilty with old man Harlan Whit- 
 aker, I did not know him, and he has been given his liberty for near- 
 ly three years. I couTd not have been guilty with Berry Howard, be- 
 cause Berry Howard has been acquitted by a jury of his country. 
 Then if I am guilty at all, I must be guilty in procuring either Jim 
 Howard or Henry E. Youtsey to shoot and murder Senator Goebel. I 
 couldn't be guilty with these other men. I could not be guilty with 
 Berry Howard, I coun not be guilty with Tallow Dick Combs, I could 
 not be guilty with Harlan Whittaker. Then I repeat, if I am guilty 
 at all, I must be guilty of procuring either Jim Howard or Henry E. 
 Youtsey to fire the fatal shot that resulted in the death of Senator 
 Goebel. There can be no escape from that. 
 
 Now, did I procure Jim Howard to fire the fatal shot that resulted 
 in the death of Senator Goebel? These men in their argiunents 
 here stated that Jim Howard was the man behind the gun; that Jim 
 Howard was the man who pulled the trigger and fired the fatal shot. 
 Did I procure Jim Howard to fire that fatal shot that resulted In the 
 death of Senator Goebel? If I did, I am guilty. I did not ,then 
 so far as Jim Howard is concerned, I am not guilty. 
 
 What is the testimony in this case? Think over it. We have 
 gone through this trial for some four weeks. Think over the tes- 
 timony that has been introducea on the' witness stand in this case 
 and point to a single witness on the part of the prosecution or the 
 defense that said I ever even knew Jim Howard at the time Sen- 
 ator Goebel was shot on the 30th of January, or prior thereto.. If 
 you will show me a witness in the whole case who has sworn from 
 this witness stand that I even knew Jim Howard, I will agree right 
 now that you gentlemen shall bring in a verdict of guilty. Show it, 
 and bring in your verdict. There is not a man in all the record of 
 this case, from the first witness to the last, who has testified that 
 I even knew Jim Howard on the 30th of January, 1900. Point it out, 
 Mr. Franklin, and then ask a verdict of guilty at the hands of the 
 jury; point it out, and I will agree that you find me guilty. If the 
 
30 
 
 testimony in this case can be relied upon, I did not l^now Jim How- 
 ard at the time Senator Goebel was killed. If the testimony in this 
 case can be believed, I never had any communication with Jim How- 
 ard before Senator Goebel was killed. Howard tells you from the 
 witness stand in this case that he did not know me at the time Sen- 
 ator Goebel was killed, and never met me until after we had both 
 been transferred to l^ouisville after our first trials for safekeeping. 
 I testified to that fact myself, and since Col. Campbell has said that 
 I am one of the ablest of the star witnesses on the part of prosecution, 
 certainly I have a right to refer to my own testimony. Mr. Howard 
 says he never saw me until he met me at Louisville after he had been 
 convicted and after I had had a trial. I testified to the same thing, 
 and there is no conflicting proof. There is not a syllable of proof 
 on the part of the prosecution to show anything to the contrary. Then, 
 so far as Jim Howard is concerned, I certainly did not conspire with 
 Jim Howard to bring about the death of Senator Goebel, if the tes- 
 timony in this case can be believed or relied upon. Is not that 
 true? The only testimony in the whole of this record which would 
 tend to show, even by indirection, that I had anything to do with 
 Jim Howard, is the testimony of Frank Cecil, and he says he had 
 a talk with me on the 29th of January in my office; that he casually 
 dropped in my office on that night and that I said to him that a man 
 was coming to Frankfort tomorrow to kill Senator Goebel. Frank 
 Cecil was asked if he knew that Jim Howard was going to be in 
 Frankfort, and he said he did not. So taking Cecil's statement for 
 it, I did not know Howard was going to be in Frankfort. I did not 
 know anything about Jim Howard going to fire the fatal shot that 
 killed Senator Goebel. Even Youtsey says that so far as he 
 knew, I did not know Jim Howard, and I had had no connection with 
 Jim Howard. Youtsey's testimony is that I agreed to be out of my 
 office. He don't say that I agreed to be out of my ofiice for the 
 purpose of Jim Howard killing Goebel; not a bit of it. He don't say 
 that I had ajiy knowledge that Taylor had written to Jim Howard, 
 and that Jim Howard was goirig to be in Frankfort. Not a bit of it. 
 Youtsey never said anything about that. Then if the testimony of 
 the prosecution can be believed, if the testimony in this case is going 
 to have any credence, I did not know Jim Howard; I had no commu- 
 nication with Jim Howard until after Senator Goebel had been killed. 
 Then, gentlemen, I could not be guilty, so far as the proof in this 
 case is concerned, of conspiring with Jim Howard to bring about the 
 death of Senator Goebel, because the testimony is, that I did not know 
 him; the testimony is, that I had no communication with him, and 
 had nothing to do with him. Cecil said that he did not know that 
 Jim Howard was going to be in Frankfort on the day that Senator 
 Goebel was going to be killed. 
 
31 
 
 You cannot go outside of the record and say "there is no testi- 
 mony showing Powers Ivnew Jim Howard; there is no testimony show- 
 ing he had any communication with Jim Howard, but we believe 
 that he did." Oh, no, men, you cannot do that. You have sworn 
 that you would not do that. You have sworn that you would try 
 this case according to the law and the testimony. You have sworn 
 that you would net supply any of the testimony either for the Com- 
 monwealth or for the defense. Then you cannot say 'it is more 
 than likely true that you did know Jim Howard and we are going to 
 believe it anyway.' You cannot do that, and you are not going to do 
 that. If you are going to do that, this trial is a farce; if you are going 
 to do that, there was no necessity for introducing any testimony 
 in this case. If you are going to supply the testimony for the prose- 
 cution, let us do away with the formalities of a trial and let you set- 
 tle it all. Read the indictment and find me guilty. You have sworn 
 that you would try this case from the law and from the testimony. 
 
 All that Cecil's testimony could mean, if it be true, is that I had 
 knowledge that Senator Gcebel was going to be killed. I say, if true. So if 
 every sentence and' syllable he uttered is absolutely true it could not 
 mean any more than that I had knowledge that Mr. Goebel was to be 
 killed, and that not is enough. The court has not told you in these ins-truc- 
 tions that if I had knowledge that Mr. Goebel was to be killed- that you 
 should find me guilty. No! That has never been the law in this 
 country. Mere knowledge that a man is going to be killed does not 
 connect the man who has the knowledge. The court has not said, 
 if I had knowledge of the matter, you shold find me guilty; but on 
 the contrary' he says if I advised, counseled or procured some one 
 to shoot Senator Goebel, in that event I am guilty. Suppose you should 
 be down here on the streets of Georgetown and a man should' pass 
 you hastily and say to you, 'I propose to shoot to death that man down 
 on the street corner,' and he goes and shoots him to death; you were 
 down there and you heard what he said and you knew he was going 
 to do it, you had knowledge of it; but would anybody contend that 
 you were guilty simply because you had knowledge that the man was 
 going to be shot down in the streets of Georgetown? No. That 
 would make all eye-witnesses to the crime participants in it. Isn't 
 that true? That has never been the law in this country — it never will 
 be. And taking everything that Cecil has said as true it does not 
 show any connection between Jim Howard and myself. But let me 
 repeat again that Cecil's story is a base fabrication, sworn to for 
 so much immunity. 
 
 Then, if the testimony can be relied upon, I was in no conspiracy 
 with Jim Howard to bring about the death of Senator Goebel. If 
 every word that Cecil testified to be true, and it is not true, and may 
 the God in heaven strike me dead this minute if I said to him: "Th^re 
 
32 
 
 is a man coming to-mcrrow to kill Goebel,' or that I tried to get him 
 to kill Mr. Gcehel; but supposing every word that Cecil testified to 
 was true, it makes no connection between me and the assassi- 
 nation of Mr. Goebel, or me and James B. Howard. Cecil said he did 
 not know Howard was coming to Frankfort, and that all I said to 
 him about the matter was that there was a man coming to-morrow and 
 if he comes he will certainly kill Goebel, and Cecil said that I had 
 my murderous talk to him when I was alone; that his pious soul was 
 very much terrified when, he says, I expressed to him a desire for 
 blood; that his whole nature rebelled against it and revolted at it. 
 He said that I must have realized that I had made a mistake in ap- 
 proaching him on such a subject; for he says, I said to him, to never 
 mention what I had said to him; although he has me within the next 
 five or ten minutes getting another man to approach him on the 
 same subject and asking him what he (Cecil) 'thought about what 
 Powers had said to him,' and offering him $2,500 to kill Mr. Goebel. 
 He says that this occurred in ten minutes after I had told him that 
 there was a man coming to Frankfort tomorrow to kill Goebel. If 
 there was a man coming to Frankfort on the following day to kill 
 Goebel, why should I have Cecil offered $2,500 for doing the work? 
 Answer me that, gentlemen. And if Cecil and others would waylay 
 and rob a man of $2,100, don't you believe that he would kill a man 
 for $2,500, if it had been offered him? If he would detain a woman 
 against her will for the purpose of having carnal knowledge with her, 
 what crime would he not commit? As God is my judge 'I never said 
 to Cecil what he says I did. May God in heaven paralyze my speech,, 
 if such be true. The law says that a man who is base enough ta 
 enter into a conspiracy to murder his fellow-man, is infamous enough 
 to swear himself out if he can, by swearing others in. The law 
 says that you cannot believe what he says unless his testimony is 
 corroborated. Cecil's testimony is not corroborated, but it is con- 
 tradicted. If I had wanted to have testified falsely, I would have 
 denied Cecil's being at my office at all that night. I knew that it 
 was beyond the power of the prosecution to have contradicted me 
 in that except by Cecil's own testimony. But if all that Cecil tes- 
 tified to be true, which it is not, it does not even remotely connect 
 Jim Howard and myself with the murder of Mr. Goebel. 
 
 Then four of the five men named as principals, that you,. 
 Mr. Franklin, charge me with procuring to shoot an?!' murder 
 Senator Goebel, if the testimony can be relied upon, I cer- 
 tainly did not procure. I did not know Disk Combs; I did 
 not know Harlan Whittaker; I did not know Jim Howard; and 
 Berry Howard has been acquitted. Then four of the five men that 
 I am charged in this indictment with procuring to shoot and mur- 
 der Senator Goebel, I did not know and had no connection with, i£ 
 
33 
 
 the testimony of the prosecution can be relied upon and if it can 
 be believed. I am not guilty with any unknown man, because they 
 have eliminated the unknown man from this case. The unknown 
 man has nothing to do with it. Then if I am guilty at all of pro- 
 curing anybody to shoot and murder Mr. Goebel, I must be guilty of 
 procuring Henry E. Youtsey to shoot and murder him. I am not 
 guilty as to the other four named principals in this case. I am guilty 
 with no unknown man because there is no unknown man, and if I 
 am guilty at all, I must be guilty of procuring Henry E. Youtsey to 
 shoot Senator Goebel. Is not that true, men? 
 
 Now, am I guilty with Henry E. Youtsey? As I said a moment 
 ago, if I am guilty of procuring anybody to murder Senator Goebel 
 it must be Henry E. Youtsey, and what does the testimony show as 
 to that particular man? We must rely upon the testimony, and 
 what is the .testimony in this case? The testimony both upon the 
 side of the prosecution and upon the side of the defense, iS' that I 
 never met Henry E. Youtsey until the first day of January, 1900, just 
 thirty days before Senator Goebel was shot and killed. If the tes- 
 timony for the prosecution in this case can be relied upon, Youtsey 
 never spoke to me or my brother relative to the shooting of Senator 
 Goebel until the 29th day of January, one day before Senator Goebel 
 came to his death. That is the testimony. You gentlemen no 
 doubt have met with men with whom you have had an intimate ac- 
 quaintance. You no doubt have met with men whom you could trust. 
 You no doubt have met men you would not trust, but I want to ask you 
 if you ever met a man in all your life and within thirty days after- 
 ward, without knowing anything further of him (and that is the tes- 
 timony in this case so far as Youtsey and myself are concerned) with- 
 out having any intimate relationship with him, I want to ask you if 
 you ever took such a man into your bosom and revealed to him the 
 secrets of your heart? Did you ever do it, Mr. Lay son? I am sure 
 you never did. Did you ever taken a man whom you just happened to 
 meet aside within thirty days afterward and reveal to him your plans 
 for money-making and the property you expected to acquire and the 
 marital relationships that you desired to see your sons and daugh- 
 ters enter into? Dfd you ever do it? I can say for you that you 
 never did. Did you ever become a candidate for any office elective by 
 the voters of a county, district or State? And if you ever did, did you 
 •ever take a casual voter aside and reveal to him the exact plans you 
 expected to adopt to win the race, and how you would defeat your op- 
 ponents, A, B and C, but that they would not know anything about it 
 until they were defeated? Did you ever commit any crime in your life? 
 If you ever did, I want to ask you if you ever took some unknown man 
 into your bosom and asked him to go with you to help you commit 
 that crime? 
 
34 
 
 (Court here adjourned until tomorrow morning at 9 o'clock.) 
 
 Georgetown, Ky., Aug. 29, 1903. 
 
 Court met pursuant to adjournment, and Mr. Powers continued 
 his argument as follows: 
 
 Gentlemen: When the court adjourned last night we were dis- 
 cussing Youtsey, but I want to go hack and say one word more with 
 reference to Howard before I take up the Youtsey end of it. 
 
 You will remember that Col. Campbell on yesterday afternoon 
 asked the defense why it was that they did not call to the witness 
 stand and introduce Mr. Paynter and why they did not call and in- 
 troduce J. B. Matthews. He said that those points of Cecil's tes- 
 timony were corroborated by the fact that we had it in our power 
 to produce these men, and that we failed to do it. Let us look at 
 that a minute, gentlemen. Col Campbell has claimed that I am one 
 of the chief star witnesses for the prosecution. If I am, I certainly 
 have not tried to shield myself, but I have told the whole truth. There 
 can be no other inference drawn. Again, Cecil is one of the men 
 whose testimony this honorable court has told you could not be be- 
 lieved unless corroborated by other testimony. The court has not 
 told you that you cannot believe my testimony unless it is corrob- 
 orated by other testimony. So then it was incumbent upon the 
 prosecution to introduce Mr. Paynter on this witness stand and cor- 
 roborate the testimony of Cecil before it is worthy of belief, if the 
 court has given the proper instructions to his jury. You remember 
 yesterday afternoon that Col. Campbell said that Paynter was one of 
 the conspirators in this case, and said in substance that if he ever 
 got down in this neck of the woods, he would be called upon to 
 stand trial for his alleged participation in this crime. How can 
 you expect us to get witnesses here to testify in behalf of the de- 
 fendant, when they are threatened with prosecutioK by the repre- 
 sentatives of the Commonwealth, if they put in an appearance? 
 These gentlemen well know that, so far as the defendant is con- 
 cerned, he used his utmost power in trying to get Paynter to the 
 witness stand in this case. They well know that interrogatories 
 were prepared for Mr. Paynter to be sent to the State of Kansas, and 
 that, after he was found to be in Kentucky, a subpoena was issued 
 for Mr. Paynter to appear on the witness stand and testify for the 
 defense. We failed to get him, but we are not responsible for it and 
 not to blame, and even if we had got him here we could not have 
 contradicted Cecil in the damaging part of his alleged conversation 
 with me, if Cecil can be believed, because Cecil said that Paynter was 
 not present at that time and that I never said anything about killing 
 Goebel or doing other violence in Paynter's presence; that all he 
 knew about Paynter was that Paynter wasi in my office on the night 
 of the 29th, when Cecil says he came there. 
 
36 
 
 And they say to us, " Why didn't you call J. B. Matthews?" Ce- 
 cil says he had a talk with J. B. Matthews after he left your office and 
 had the talk with you, they say why don't you call J. B. Matthews? 
 They assert that he is my confidential man, my detective. 
 If Mrs. J. B. Matthews can be believed he was also the detective for 
 the prosecution in this case. If Mr. Franklin can be relied upon he 
 was also a detective for the prosecution in this case, for don't you 
 remember that Mr. Franklin put to R. N. Miller the question: "Did 
 you not say to J. B. Matthews up at Indianpolis some time ago that 
 you had a talk with R. N. Miller and that Miller said that J. L. Pow- 
 ers seemed to be intimate with Henry Youtsey?" You remember 
 that question and you remmber that Mr. Franklin was holding in his 
 hand a large volume of written statements that must have been pre- 
 pared by J. B. Matthews. Miller says he did' not say it; but, judging 
 from all appearances and the testimony in the case, J. B. Matthews 
 must have been the confidential man and the detective for the 
 prosecution. Again, as I say, why the necessity of the defense 
 calling J. B. Matthews, so far as the Cecil end of it is concerned? 
 The law says you cannot believe anything Cecil says, unless 
 the testimony is corroborated ' by others. That is the law, 
 and there is no doubt about that. Then if that be true, and it is 
 true, why is it that tTie prosecution did not call Matthews to the 
 witness stand and show by him, if true, that he did on the Monday 
 night before Goebel was killed have a conversation with Cecil in the 
 reception room between the private ofiice of the Secretary of State 
 and the Governor's office? 
 
 Now, let us continue the Youtsey end of it. I said to you last 
 night that I was indicted and charged with procuring five men to 
 shoot and murder Senator Goebel: Harlan Whittaker, Dick Combs, 
 Henry E. Youtsey, Jim Howard, Berry Howard. I showed you last 
 night that I did not know Harlan Whittaker. I showed you last 
 night that I did not know Dick Combs, and that I did not know Jim 
 Howard, and that Berry Howard had been acquitted. Then if I am 
 guilty at all, I must have procured Henry E. Youtsey to shoot and kill 
 Senator Goebel. I said to yooi further that the testimony in this case 
 shows that I only knew Henry E. Youtsey about a month before 
 Senator Goebel was killed. The testimony is that I was sworn in 
 before him as a notary public, took the oath of office as Secretary of 
 State; that he was the only notary public in the building, and that I 
 had a casual speaking acquaintance with him after that time until 
 the 27th day of January, 1900. You know they claim that I was im- 
 plicated in getting Youtsey to fire the shot from my office, and you 
 know I asked you last night that if you wanted to kill some of your 
 neighbors, if you wan,ted to stoop to the dastardly method of assassi- 
 nation in order to get rid of them, "would you come down in some 
 
36 
 
 of these stores and pick up a clerk with whom you have come in con- 
 tact since you have been standing on this jury and take him inside 
 and ask him to go into a conspiracy with you and ask him to 
 shoot and murder your neighbor? You remember I asked you this 
 qjiestion, would you take that clerk out to your home and put him 
 down by your parlor window, or by the side of the window of your 
 office, if you had an office in Georgetown, and instruct him to shoot 
 the man as he passed by your door? "Why, gentlemen, such con- 
 duct as that would be the act of an idiot, the deed of a lunatic. You 
 would not do that; there is no question about that. Would I? If you 
 wanted to have your neighbor assassinated, you certainly would not 
 want it to be found out on you. Isn't that true? And if you had him 
 shot from the windows of your office or home, would you not be pub- 
 lishing to the world the very thing that you most desired to keep secret? 
 If you wanted your neighbor killed, your home would be the last place 
 on earth that you would select as the place whence the fatal shot 
 should be fired. You know that, and if you wanted your neighbor 
 killed, the clerk in the store would the last man on. earth you would 
 go to if you were hunting a man to commit murder. Is not that 
 true? If you wanted your neighbor killed would not you go to some 
 man you had seen trusted and tried, some man with whom you could 
 risk your very life and say: "This man is interfering with my busi- 
 ness interests." And wouldn't your home or your office be the last 
 place on earth from which you would have the fatal shot fired? Is 
 not that true, men? And if I had wanted Senator Goebel killed, or 
 had had any interest in the killing of Mr. Goebel, do you think I 
 would go to an unknown man like Henry E. Youtsey, a man of whom 
 I knew absolutely nothing — nothing of his family, nothing of his 
 trustworthiness, nothing of him — and agree with him that he could 
 fire the fatal shot from my office with three other unknown men that 
 I had not known up to that time, namely, Jim Howard, Harlan Whit- 
 taker and Dick Combs? If I had wanted Senator Goebel killed, 
 would not I have gone to some man who had stood by me in the 
 past, some man I knew I could: rely upon, some man I had seen 
 trusted and tried? And if I had wanted him killed would not my 
 office have been the last place on earth from which I would agree that 
 the fatal shot should be fired? Would not I have known that I was 
 advertising to the world the very thing that I would have desired to 
 keep a secret? Apply common sense to this mattetr. The best 
 sort of sense a man ever had is common sense. If Youtsey can be 
 believed, if his testimony can be relied upon, he never spoke t© me 
 about the killing of Senator Goebel until the 29th of January, 1900, 
 one day before Senator Goebel came to his death. That is the tes- 
 timony of Henry E. Youtsey. That is the testimony of the Com- 
 monwealth witnesses. I say if the testimony of .he Commonwealth 
 
37 
 
 can be relied upon, Henry Youtsey never spoke to myself or my brother 
 concerning the death of Senator Goebel until one day before Senator 
 Goebel was killed. If the testimony of Henry E. Youtsey can be 
 relied upon, I did not know anything about his plans to kill Senator 
 Goebel with Dr. Johnson, or with Hockersmith. I did not know any- 
 thing about Youtsey wanting to get into my office, or that he had a 
 slick scheme to kill Goebel from my office, because Culton tells you he 
 never did tell me anything about that. The testimony is, that Youtsey 
 never told me anything about his murderous plots prior to January 
 29th. I did not know that he was trying to get $300.00 from Walter 
 Day to kill Senator Goebel. There is no testimony in this record show- 
 ing a thing of that character, and such a thing never did exist. Noth- 
 ing, so far as proof in this case is concerned, reveals that I knew any- 
 thing about Youtsey wanting to get Mastin's gun, and about Youtsey 
 ordering cartridges from Cincinnati to kill Mr. Goebel with, and about 
 his getting Hockersmith or Dr. Johnson in my office. 
 
 I know nothing about Youtsey and Johnson, and Youtsey and 
 Hockersmith, at any time, searching the Executive building over to 
 find a suitable place from which to fire the shot. I knew nothing about 
 his and Johnson's plan for the man who did fire the fatal shot to run 
 through the basement. I knew nothing about his dreaming that he 
 saw some of the mountain men kill Goebel; nothing about his and 
 Johnson's nitroglycerine scheme to kill Goebel in his room in the 
 Capital Hotel; nothing about him saying to Capt. Ricketts that his 
 (Youtsey's) job depended on Goebel's death; nothing about his making 
 a proposition to the mountain men to kill Goebel; I knew nothing 
 about his alleged talk with Taylor about (Joebel's death. 
 
 Remember, gentlemen, that I knew none of these things, and that 
 during these times I was in the mountains of Kentucky. I left Frank- 
 fort on the 12th of January and returned the 17th, left on the 20th and 
 did not get back until the 25th. If the testimony for the Commonwealth 
 can be relied upon, I did not know any of these things and I did not 
 know anything about the proposed plan to kill Senator Goebel until the 
 29th of January, 1900, if their own testimony can be believed. Then 
 there is no necessity to go back to times prior to the 29th of January in 
 this discussion. Youtsey said I did not know, and that my brother did 
 not know anything prior to that time. He says that on the morning 
 of the 29th, the Monday before Mr. Goebel was killed, on Tuesday, that 
 he went into my private office; that he found my brother sitting there 
 at a desk, and he said to my brother — (he says he had never met 
 my brother, never had any introduction to him. That is his testi- 
 mony) — Youtsey said he went up to my brother and said to him: "See 
 here, I want a key to your brother's office, with which to put some 
 negroes in there to kill Senator Goebel." What do you think of this 
 story? What do you think of Youtsey going to my brother, an un- 
 
38 
 
 known man, and asking for a key to his brother's office for the pur- 
 pose of committing murder from there? What do you think of it, men? 
 He says my brother — I presume for the purpose of having some one 
 see him give Youtsey the key to my office — got up and walked out into 
 the hallway of the Executive building, a convenient place for Wharton 
 Golden to see the deliverance of the key by my brother to Henry E. 
 Youtsey. What do you think of it? That is what Golden said, and 
 that is what Youtsey said. Now, let us see what else Golden says 
 on that matter. Golden says he saw my brother give Youtsey a wrong 
 key to that office, and Youtsey says it was the wrong key. I have never 
 understood the force of that wrong key proposition until it was ex- 
 plained on yesterday. I had often wondered why it was that if 
 my brother was in the conspiracy to kill Senator Goebel, and my 
 brother was willing for it to be done, why, instead of giving Youtsey 
 the wrong key to that office to get in there with, that he did not give 
 him the right key. It has always been a mystery to me until the 
 fertile brain cf Col. Hendricks came on the scene on yesterday -and 
 made it as clear as muddy water. He said that the reason was that 
 my brother, John, was waiting for Jim Howard to get down to Frank- 
 fort and that he did not want Youtsey to kill Goebel. Why did he not 
 want Youtsey to kill him, if he and I are implicated with Youtsey as 
 claimed? Why did he want to delay the matter, and have another 
 man unknown to him to kill Goebel? Why should my brother be so 
 choicy between unknown assassins? There is no testimony in this 
 case of that character until that testimony was given in, this case by 
 the able attorney, Mr. Hendricks. I put the assertion on the part of 
 Mr. Hendricks that my brother wanted either Youtsey or Howard to 
 kill Goebel, on a par with another assertion he made on yesterday. 
 He made the statement "that no woman knew any law, that no woman 
 had the capacity to learn any law." I want to enter in behalf of the 
 ladies of our land a special and general denial to that slanderous 
 charge. 
 
 Golden says he saw my brother give Youtsey a wrong key to the 
 office, and directly my brother came to him in the hallway of the 
 Executive building and said: "We have two negroes here this morning 
 to kill Goebel, Tallow Dick Combs and Hockersmith," and Golden 
 says: "That must not be done." My brother said to Golden, if Golden 
 can be relied upon: "You need not be alarmed, I gave him the wrong 
 key." He asked my brother who that fellow was to whom he gave the 
 key. My brother did not know. Golden hied himself away after say- 
 ing that it must not be done and went over to Collier's office to get 
 Gen. Collier to put a stop to it. My brother went with him and failing 
 to find General Collier they came pver to the Capital iTotel, and that 
 I saw my brother and Golden in the hallway and said to Golden: "We 
 cannot go to Louisville to-day." And we all went back lo the Exec- 
 utive building. Golden says we did not talk about what had happened 
 
39 
 
 between my brother and Youtsey on the way back, he did not know 
 whether it had been decided to kill Goebel or not. He said he never 
 talked to anybody about it that day and he never talked to anybody 
 until long after Senator Goebel had been killed. In fact, he never 
 talked to anybody about it until he was in the arms of his Saviour, 
 Col. Thomas C. Campbell, going to Cincinnati to make a confession. 
 
 This, gentlemen, is the testimony of Wharton Golden and Youtsey 
 about the alleged transaction cf the key. Now, let us look into that a 
 little. Let us see what bearing it has upon the case. Let us connect the 
 statements of Golden and Youtsey with the facts in this case that are 
 not disputed, and see whether or not the statements of Golden and 
 Youtsey are in harmony with these facts. Golden and Youtsey are 
 either testifying to the truth or they are testifying to a lie. My 
 brother either gave Youtsey the key to my oflBce or he did not give 
 him the key. Golden tells you that no one was present when my 
 brother gave Ytoutsey the second key to that office. And that I was 
 not present when the first key was delivered. Youtsey says that there 
 never was but one delivery and that was the wrong key, and that I 
 was not present. Golden tells you that I was five or six steps in 
 advance of my brother and Youtsey, and' that I was going on toward 
 my office, and that I did not see nor hear the alleged transaction about 
 the second key. You see, gentlemen, he puts it out of my power to 
 contradict him on that point; but Youtsey does contradict him. He 
 says that he never got any second key. My brother is not here 
 as a witness. The proof in this case, gentlemen, is that early on 
 Monday morning I went to the Capital Hotel at Frankfort, for the pur- 
 pose of making arrangements to send the mountain men back home; 
 that I was over at the Capital Hotel there is no doubt; that fact is 
 proven both by the testimony of the Commonwealth and by that of 
 the defense. The difference in the contention of the prosecution and 
 the defense, is as to why I was there. The prosecution tries to make 
 it appear that I was over there trying to effect some part of the 
 alleged conspiracy to kill Senator Goebel. Golden, you remember, 
 testifies that early on the Monday morning that I said to him that I 
 was trying to make arrangements to get off to Louisville; and that I 
 had to go over to the Capital before I could make those arrangements; 
 and that he showed me a letter from John H. "Wilson, who was at 
 Louisville, saying for him to come to Louisville. My testimony and 
 Golden's differ on that point. 
 
 At any rate. Golden knew that I was over at the Capital Hotel on 
 some business; and that, if I could get that business done, I intended 
 to go to Lcuisville en that early morning train. And he says that a 
 black mustached man came to him and my brother in the hallway of 
 the Executive building and said something to my brother; that he 
 did not know what he said, but my brother came to him in a few min- 
 
40 
 
 utes and said that we have two negroes here to kill Goebel, and that 
 when he asked John Powers who the black-headed, black-mustached 
 man was; that my brother said that he did not know who he was. 
 Golden says that he went around to the Agricultural office to see Gen. 
 Collier to tell him about the murder going to be done, and to protest 
 against it. Golden, who laughed and said, that when he heard that 
 Goebel was killed, said that it was a damn good thing and he was 
 glad of it — Golden, who was at all times willing, according to his own 
 testimony, to go up into the Legislative halls and kill off enough Dem- 
 ocrats to make a Republican majority — that fiend, who, according to 
 his own testimony, was ready upon all occasions to kill, for some 
 unexplained and some unexplainable reason, upon this particular 
 occasion was as smooth as a May morning, as harmless as a dove, as 
 timid as a tom-tit, as averse to the shedding of man's blood as a 
 saint; his soul has terrified at the thought; his nature rebelled against 
 it. That same Golden who, upon former occasions, and upon all occa- 
 sions, was willing to walk over the blood of his dying victims; that 
 same Golden who, on all after occasions, was willing to kill one or a 
 dozen of those who opposed his supposed interests, as the necessities 
 of the case might demand that same Golden who, when he heard that 
 Goebel had been assassinated, said that it was a damn good thing, was, 
 upon this particular occasion, thrown into a moral tumult over the 
 thought of harm befalling any one. 
 
 GOLDEN'S QUEER CONDUCT. 
 
 Golden went to Gen. Collier's office, he says, to see him about it, 
 and my brother went with him also to see about it; for, what else 
 could be his purpose? If Golden did tell the truth about what the 
 black-headed, black-mustached man said to my brother, and if my 
 brother did say that there were two negro men there to kill Senator 
 Goebel and that it was going to be done that morning, and if my 
 brother was in favor it, as Golden said he was, I ask you why he 
 would be going to Gen. Collier's with Golden to put a stop to the 
 thing? Why would he want the very thing stopped that, according 
 to Golden, he was in favor of? Why should he? Ask yourselves that 
 question. And why would he be giving the key to my office to a" man 
 he had never seen before? And if my brother was in favor of Senator 
 Goebel being killed, why would he have gone to Gen. Collier with 
 Golden to put a stop to it? Why would he not say to Golden that he 
 ought to be killed, that it would put an end to the contest; that Golden 
 would get his office and that we would all get our offices? 
 
 That is why these gentlemen say he was killed. Their contention 
 is that we thought it would put an end to everything and give us our 
 offices. If that is true, gentlemen, why did not my brother present 
 
41 
 
 those reasons for having Goebel killed to that blood-thirsty Golden 
 and secure his co-operation in the matter? Golden, according to his 
 own statement, was an open advocate Oj. murder. My brother knew 
 Golden; why did he not say: "See here, you are wrong about that; it 
 is to your interest and to the interest of us all that he be killed?" Why 
 did he not do that, gentlemen, instead of going with Golden to Gen. 
 Collier's to put an end to the very thing with which he is charged? 
 
 Why did they come to see me to have the thing stopped, over at 
 the Capital Hotel? According to these, gentlemen, I would be the 
 last man on earth to have stopped it. If there was a man in all that 
 country, among all the people who were in favor of violence and blood- 
 shed and murder and assassination, it was I, if these gentlemen can be 
 believed in what they assert. Golden says that on former occasions 
 that I said to him that Goebel ought to be killed and that I discussed 
 a plan to kill on the street, and in the Capital Hotel, and that I wanted 
 to kill the members of the Legislature. Golden says he knew all that, 
 and that I had personally discussed with him the contemplated acts 
 of violence and murder. Then tell me why, gentlemen, he came to 
 me to have a stop put to all these things? Why did he come to me, 
 the master conspirator, to put an end to violence? Why did he seek 
 me among so many men whom he knew and who were at Frankfort, 
 to put a stop to this proposed shedding of man's blood? 
 
 Golden had lived for some two years at Frankfort; he knew a 
 great many men; he knew Goerge Long. He says Long knew him well 
 etaiough to recommend him for a position; he knew the other 
 men who had been elected on the State ticket. Why did he not go to 
 some of these men and not to me, if he wanted to put a stop to this 
 proposed murder? But he comes over to the Capital Hotel to see me, 
 and when he gets there he does no even talk to me about it. He says 
 that my brother said that he would talk to me about it. He says that 
 my brother said he would talk to me about it, and for him to let my 
 brother do the talking. He says that he did that; that my brother 
 did come and talk to me and that I frowned while my brother was 
 talking to me. What was I frowning about? He said that we all went 
 back over to the Executive building; that we did not talk about the 
 matter on the way over there; that he never did say anything to me 
 about the proposed killing of Senator Goebel by the two negroes. 
 
 According to his testimony, gentlemen, he went back to the Execu- 
 tive building without knowing what had been decided upon, about the 
 killing of Senator Goebel by the two negroes. He did not know 
 whether it had been decided to kill him or not to kill him. And yet 
 the fact remains, according to his own testimony, that at no time dur- 
 ing that day did he ever mention to a living soul the proposed plan 
 to kill Senator Goebel. He says that he went over to the Capital Hotel 
 to have an end put to the proposed killing, and still he left the Capital 
 
42 
 
 Hotel without knowing what was going to be done about it. According 
 to that fellow's own testimony he never did tell me about the proposed 
 plan to kill Senator Goebel. If his own testimony can be believed he 
 never told a living man on earth — until he told Col. Campbell on his 
 trip to Cincinnati, long after Goebel had been killed. 
 
 Is that not a most remarkable state of case, gentlemen, that in 
 ,the first place, he would come to one whom he had all reason to be- 
 lieve, if his own story can be credited, would not only not hear to his 
 plans for peace and for humanity, and for law, and for order, but 
 would severely reprimand him for his own lack of willingness to kill 
 or to do anything else to hold the office? Is it not remarkably strange 
 that he did not go to some one else? And is it not stranger still that 
 after going over to the Capital Hotel, and then not knowing what was 
 going to be done about it, he made no inquiries concerning it, no reve- 
 lations about what he had heard, from that good day until he went 
 to Cincinnati some two months afterwards. Is it not strange that he 
 breathed not to a living soul that he had heard on that Monday morn- 
 ing? Is it not strange that he never thought to tell any one until long 
 after Goebel had been killed? 
 
 Suppose, Mr. Wyatt, there was a conspiracy on foot to burn your 
 home, and suppose somebody heard a minor conspirator talking to a 
 major conspirator about burning your home, and he went to the. minor 
 conspirator and said: 
 
 "See here, Mr. Wyatt is a respectable man in the community. 
 He has earned his home by hard labor apd hard work and you must 
 net burn his home," and suppose the fellow said to the minor cor- 
 spirator; "Let's go and talk to the major conspirator about it;" and 
 that he did do this and stood up close, but didn't know what was 
 decided to be done. Suppose that he did not know whether it was 
 decided to burn your home, cr not to burn it, and he went away with 
 the two conspirators and did not know what was going to be done 
 about it, and never mentioned to a single soul what was contem- 
 plated until long after your heme had been burned, and when it was 
 burned, suppose the man alleged to be interested in saving your home 
 said: "It was a damned good thing and I was glad of it." How much 
 weight would you attach to his testimony to the effect that he was 
 opposed to your home being burned? How much credence can you 
 give to Golden's testimony that upon that morning he was opposed 
 to the killing of Goebel and said that it must not be done, and when 
 he did hear that Gcebel was killed, said that "It was a damned good 
 thing, and that he was glad of it?" 
 
 It is true tnat I was over at the Capital Hotel on that Monday morn- 
 ing, and it is further true that I would not have been over there at the 
 Capital Hotel unless I had had some business over there. I do not 
 go to such places or go into men's rooms unless I have some bus- 
 
43 
 
 iness with them. These gentlemen intimate that I was there to 
 see General Duke about some plan connected with the killing 
 of Senator Goebel. You heard the speakers in this case yesterday- 
 intimate that General Duke was the head of everything. Then, if I 
 was over there to see General Duke on anything connected with the 
 conspiracy to kill Senator Goebel, General Duke is more guilty than 
 I could possibly be, because he is an older man than I am; he knows 
 much more than I do about men and affairs, and if you believe that 
 General Duke was in the conspiracy to murder Senator Goebel, I want 
 to ask you, Mr. Franklin, why you have sat here for over three years 
 and witnessed vile conspirators strike down your party associates and 
 go through this State unmolested, undisturbed;, uncondemned and un- 
 harmed? 
 
 Gen. Duke asked no Governor of any adjacent Commonwealth to 
 protect him from your Courts, or you. You can get service on him 
 seven days and seven nights out of every week of every year. You 
 have net dene that. The truth is, Mr. Franklin, you know General 
 Duke had nothing to do with the conspiracy to murder Senator Goebel. 
 Then if he did not have anything to do with it, I could' not have been 
 over at the Capital Hotel that morning for the purpose of seeing 
 General Duke on anything connected with the conspiracy to murder 
 Senator Goebel, and if I was not there to see General Duke on any 
 such business, why was I there? 
 
 What is the testimony in this case? Silas Jones, a witness for 
 the prosecution, tells you that I agreed to get him a pass to go home. 
 Milton Prosper, a witness for the defendant, tells you that on that 
 Monday morning I agreed to get him a pass to go home, and that he 
 did go home on the 3rd of February. A. V. Hite tells you, and the 
 deposition of Walter Day tells you, that he heard me telephoning over 
 the 'phcne from the Auditor's office to Louisville, trying to get trans- 
 portation for men to go home. And in this connection I desire to 
 call attention to the depositions in this case. Why, it was said but 
 yesterday by attorneys for the prosecution that the depositions did not 
 mean very much;' that all there was to it, or about it, was that it was 
 only an affidavit of the defendant. If I do not state the law accurately 
 in this case, I want this honorable Court to correct me. Those affi- 
 davits are the depositions of the absent witnesses. It is agreed that 
 those winesses, if pres-ent, would state as in this affidavit 
 if they were present here to testify. It is not my affidavit 
 but the depositions cf the witnesses, and if the prosecution had any 
 doubt about those statements being true, they had a right to bring 
 in other testimony to contradict the statements contained in those 
 depositions and they had a right under the law to impeach the wit- 
 nesses whose depositions you heard read here in your hearing. It is 
 a fact known to the prosecution in this case that Walter Day has 
 
44 
 
 testified on both of my former trials and that he testifies to these 
 various things. Walter Day tells you I was in the Auditor's office 
 telephoning down to Louisville trying to make transportation arrange- 
 ments to send the mountain men home. A. V. Hite, the depot agent 
 at Frankfort, tells you that he received a telephone communication 
 from Louisville telling him that they had been called up by the Secre- 
 tary of State's office, and they wanted him to go to my office and say 
 to me that they hafl made a rate of one cent per mile for the purpose 
 of sending the mountain men home. The testimony in this case is that 
 I called up the transportation agent at Louisville that morning and 
 asked him to send the coaches on the afternoon train, and the testi- 
 mony further is that I was sent for by Gov. Bradley to come over to 
 the Adjutant General's office in the red brick building, and that Gov. 
 Bradley said to me that he undertsood that I was going to send the 
 mountain men home. He said I must not send the men home. "There 
 is going to be an argument before some of the contest committee, and 
 you must not send them all home," he said. The testimony is that 
 had it not been for Gov. Bradley those mountain men would have been 
 sent home on Monday, the evening before the killing of Mr. Goebel 
 on Tuesday morning. They say: "Why didn't you call Gov. Bradley 
 to the witness stand and prove this by him?" I hurl it back into their 
 faces and say: "Why didn't you call Gov. Bradley to the witness stand 
 and contracdicted me in that assertion if I am swearing falsely about 
 it?" I have sworn it over three years. They have hadi Gov. Bradley be- 
 fore the grand juries of the country, and they have had him as a witness 
 in the Ripley trial. They know Governor Bradley would not contradict 
 me. Then I would have sent the mountain men home on Monday 
 morning before Senator Goebel was killed, if I could have made the 
 necessary transportation arrangements. The testimony is, that I 
 would have sent them home on Monday afternoon had it not been for 
 Gov. Bradley. Now, the prosecution has always claimed that those 
 mounatin men were there, retained in Frankfort, for the purpose of 
 killing Mr. Goebel. 
 
 That is their claim. They claim that they were retained, in Frank- 
 fort, and that the culmination of the dastardly deed could not be 
 reached without the presence of the mountain men; that is their 
 claim. Now, I want you to ask yourselves this question, when you get 
 to your jury room, when it becomes your duty, under your oaths and 
 the law, to pass upon my most sacred rights — aslt yourselves this 
 question: "If that young man had known anything about the plan 
 to kill Senator Goebel by the two negroes Monday morning, would 
 he have been trying to send the men home on that Monday morning? 
 If he had known anything about the plan to kill Senator Goebel on 
 Tuesday morning, would he have been wanting to send those men 
 home on Monday afternoon, and the testimony is beyond dispute that 
 
45 
 
 I would have sent them home had it not been for Gov. Bradley. I 
 knew nothing of the plan to kill Goebel with the two negroes. I 
 knew nothing of the alleged key transaction. I know nothing of this 
 alleged conspiracy. I was not a party to it. 
 
 Even Youtsey says that I did not know anything about the negroes 
 being ready to kill Goebel, or anything about the alleged transaction 
 of the wrong key between himself and my brother; for did not Yout- 
 sey say that after my brother had given him the wrong key to my 
 office, that I came to him and said: "My brother tells me that you 
 have two negroes here to kill Goebel, and that he had given you the 
 wrong key;" and that I then said to him: "I cannot give you the keys 
 to that office, but that it shall be at your disposal." Did not Youtsey 
 say that? If his statement be tr^ie about the transaction of the wrong 
 key and the two negroes, I did not know anything of the alleged plan 
 to kill Goebel with the negroes. 
 
 On the former trials of this case, these gentlemen prosecuting me, 
 in their speech-making capacity, have sworn to other juries until they 
 were black in the face, that my trying to send the mountain men away 
 on the Monday morning before the killing was a farce; that the state- 
 ments of witnesses to the effect that, if I could have made the neces- 
 sary transportation arrangements to have sent the mountain men 
 home on that morning, I would have gone to Louisville to have met 
 a young lady friend of mine, was all hypocrisy and deception. They 
 said that the reason why I did not go to Louisville on that morning 
 was, not because I failed to make transportation arrangements for 
 the men, but because there was a failure in the plan to kill Goebel 
 with the two negroes, from the fact that my brother had given Yout- 
 sey the wrong key. And on this theory of the case, they asked other 
 juries to hang me. Now, Youtsey overturns it all and says that I^id not 
 know anything about the transaction of the wrong key, or the killing 
 of Goebel by the two negroes at that time, but that I came to him later 
 and told him what my brother had revealed to me. 
 
 Golden says when he got to the Executive building he saw my 
 brother give Youtsey a second key to my office. Youtsey says that that 
 is not true. Youtsey says Golden lied about that. Youtsey says he 
 never got but one key to that office from my brother, or anybody else, 
 and that that was the wrong key, and that that was before that 
 time and on the same morning. But when we got back to the 
 Executive building on the morning of the day Senator Goebel 
 was killed, Youtsey says I came to him later on in the day, 
 into his little private office, and; said to him: "I understand 
 you have two negroes here to kill Goebel; John Powers told me that, 
 and I want to know what about it." Youtsey says: "That is all true." 
 And Youtsey testified that I then said to him that I could not loan 
 him the key to that office — ^that he then went with me over to the 
 
46 
 
 glass door leading from the hallway into the private office of the 
 Secretary of State, and that here he said to me: "Now, you can put 
 your foot down on this thing and stop it if you want to. All you 
 have to do to keep Goebel from being killed is to put your foot down 
 on it and it will not be done." But Youtsey says I didn't do that, but 
 that I said : "I cannot loan you the key to my office, but I will fix the 
 door so that, at any time, you want to, you can walk in and make your- 
 self at home. He says that I unlocked and unbolted the little door 
 leading into the private office from the hallway and left it in such 
 condition that anybody who would push against it, could open it. And 
 that he said for me to be away from my office and that I agreed to it. 
 That is his testimony. This is the only conversation, he says, I ever 
 had with him relative to the killing of Senator Goebel. 
 
 Now, let us see about that. If his testimony be true — but it 
 is every word a sworn lie — but let us consider lor the present 
 that it is true ,and look at it from that standpoint and see 
 what it proves. If it be true, then I must have left the door ajar on 
 that day for the purpose of having Mr. Goebel killed by Hockersmith 
 and Dick Combs, after I had found out that they wanted to kill him. 
 The te.stimony in this case is, that I did not then know Dick Combs, 
 and that I had never seen or heard of Hockersmith. But, of course, a 
 little thing like that could not shake the credence of the story told 
 by this divine lover and server of truth — Henry E. Youtsey. Youtsey 
 said I agreed to be away from my office and that he said to me that 
 I had better be away; that he didn't want me mixed up in the matter, 
 and he wanted me away and I agreed to be away. Cannot you see 
 his solicitude for me? Then, if I agreed to be away from that office 
 on January 29th for the purpose of having the negroes Hockersmith 
 and "Tallow Dick" Combs kill Goebel, I certainly lied to Youtsey, 
 because I was in the office on that very day and I remained in it all 
 the day, and that is the testimony in this case. Then, when Yout- 
 sey said that I agreed to leave the hall door open for the purpose of 
 having Goebel killed by Hockersmith and "Tallow Dick" Combs, and 
 that I would also be away from that office, to let it be done from there 
 on that day, he certainly lied about it or I lied to him, one or the 
 other, because I was in my office the whole of that day. Neither 
 Hockersmith nor Dick Combs tried to kill Goebel from that office on 
 that day. There is no proof of it in this record. Then I certainly 
 did not leave that office door ajar for the purpose of having Howard 
 kill Goebel on the next day, for Youtsey says himself that he found 
 that locked on the next day. 
 
 But let us look into the matter a little further. Mr. Campbell 
 said in his opening statement to this jury (I am sorry the Colonel 
 made a contrary statement in his speech): "If Caleb Powers gave 
 Youtsey the key, then Caleb Powers should give his life for the life 
 
47 
 
 so ruthlessly taken. If Caleb Powers did not give the key to Youtsey 
 he has gone a long way toward helping the side of the defense in 
 this case. I cannot be fairer than that. I say if Caleb Powers did 
 net give the key to Youtsey, he has brol^en an important link in our 
 chain of evidence. If he did give it, I believe, as I have to answer 
 to the Gcd above, that I can see no escape from the conclusion of his 
 guilt. I am reminded that I say Caleb Powers. What I should have 
 said was that Powers gave the key. John Powers got it from his 
 brother and gave it to Youtsey." 
 
 That is what Mr. Campbell said in his opening statement in this 
 case. He said if he could net show that either myself or my brother 
 gave Youtsey the key to that office for the purpose of having Goebel 
 Idlled from that office, he would admit that a strong link in the testi- 
 mony of the prosecution of this case had been broken. Let us see 
 if the Colonel has not almost admitted^ me not guilty. If the testi- 
 mony of Youtsey and of every other man who has testified about 
 it can be relied upon, then a strong link in the chain of testimony of 
 the prosecution in this* case has been broken, because Youtsey says he 
 never got but one key to that office and that was the wrong key on 
 the Monday before the tragedy, and that he never got a right key 
 from either myself or my brother. That is the testimony of Henry E. 
 Youtsey. I testified that he never did get a key from me. Youtsey 
 says that he did net have any key on the day Goebel was killed, but 
 that he went through an OPEN DOOR leading from the reception 
 room into the private office. Then what becomes of this alleged key 
 business? Has it not been eliminated from this case? Have not both 
 the mountain crowd and the alleged key transaction been eliminated? 
 If the testimony can be relied upon, is it not true, that no man who 
 came with that mountain crowd killed Goebel; and is it not further 
 true, that Youtsey did not get the key either from myself or my 
 brother with which to get into my office on the 30th of January. 
 
 You remember, gentlemen, it is a part of the current history of 
 this State that on both of rny former trials the prosecution have 
 begged the juries of this country to take from me my life on the 
 theory that John Powers gave the right key to my private office to 
 Henry E. Youtsey, and that John Powers did that at my solicitation 
 and at my request. They have asked former juries to take my life 
 from me on that proposition. They not only deceived the former 
 juries in this case and the country at large, but they deceived the 
 Democratic minority of the Court of Appeals of this State, because 
 they said in a dissenting opinion that there was no doubt in their 
 minds but that Youtsey got the right key from my brother and that 
 he had gone into my office through the glass door that leads into the 
 hall way and killed Mr. Goebel from that office. They have not only 
 deceived the juries of the country, but they have deceived the highest 
 
48 
 
 tribunals of this land. Now, the prosecution takes a double somer- 
 sault from their former position and says that none of what they have 
 formerly claimed is true; that the only thing that is true, is that I 
 agreed to be away from my office when Senator Goebel was killed. 
 
 Youtsey says that the outer door from my private office to the 
 hallway was locked and that he had to go through the reception 
 room into the private office to open that door on the 30th of January. 
 Then, if I am connected with Henry E. Youtsey at all, if his own testi- 
 mony can be relied upon, it is the connection of allowing him to go 
 through that open door on the 30th for the purpose of using that 
 office for murder, and not as the people have been taught to believe, 
 that he got a key from my brother. Is not that true? Have I not 
 stated it fairly? I say if I had any connection with Henry E. Youtsey, 
 so far as the killing of Mr. Goebel is concerned, it must be the con- 
 nection by leaving that door open from the reception room into my 
 priavte office for the purpose of having murder committed from there. 
 The other door was locked. Youtsey, Golden and myself all testify to 
 that. Then that door was not left open for the purpose of Youtsey 
 getting in that office to commit murder. < 
 
 Now, let us take up the testimony in this case and see whether 
 or not I did leave that other door open for the purpose of letting 
 Youtsey go in there to kill Senator Goebel. What is the testimony? 
 The testimony is, even by Col. Campbell's first love and first star 
 witness, Wharton Golden himself, that he came into my private 
 office on Tuesday on 'which Senator Goebel was killed and said : "Rush 
 up or you are going to miss that train," and he says I went to the 
 door leading to the reception room and locked the door and bolted it 
 on the inside. That is the testimony of Wharton Golden. He testified 
 to that in all these trials, even before Youtsey ever became a witness 
 in this case — even before Youtsey was arrested. Youtsey says the 
 door was open, but Wharton Golden, another star witness for the 
 prosecution, says the door was closed, and that it was locked on the 
 inside and bolted. Now whom are you going to believe, Henry E. 
 Youtsey or Wharton Golden? Wharton is trying to swear himself 
 from getting into the penitentiary and Youtsey is trying to swear 
 himself out of it;. You can believe whichever one you want to, or 
 you can stand them both aside and say we cannot believe either one 
 of them; because they are both star witnesses for the prosecution, 
 and they are testifying diametrically opposed, each to the other. What 
 else do we have in this case upon that proposition? Mr. Nickell, who 
 has testified for the prosecution, said that he had some business with 
 Gov. Taylor on the morning of the killing, and while he was sitting in 
 the reception room, waiting to see Gov. Taylor, that he saw some 
 man go into that private office and come out and go into the private 
 office of the Governor. That is the testimony of Mr. Nickell. Now, 
 
49 
 
 Mr. J. M. Hardgrove, a witness for the defendant, says that he was also 
 sitting in that reception room thirty or forty minutes before Mr. Goe- 
 bel was killed, at the very time Mr. Nickle says he was sitting in 
 there, and Mr. Hardgrove says that no man went into that office during 
 that interval; that he did see some man who he believed was Grant 
 Roberts, go and try to get into that office, and he failed to get in 
 there. Mr. Hardgrove is corroborated by Mr. Roberts, because he 
 says that he did try to get into my private office and failed, because 
 the door was locked, but you can believe Mr. NicKell or you can 
 believe Mr. Hardgrove, just as you like about it. One or the other 
 of them lied. There is no doubt about that. Then, what else do we 
 have? 
 
 Golden stands up against Youtsey. They are both star witnesses 
 and as far as I am concerned, you can throw both to the ground and 
 not believe either. Mr. Hardgrove says the man did not go in, and 
 Mr. Nickell says he did. So far as I am concerned, you can throw both 
 of them to the ground and believe neither. Then what do we have? 
 
 In addition to this testimony, R. N. Miller tells you that he tried 
 to get into that office between 9:30 and 11 o'clock and he found the 
 door locked and he could not unlock it. Grant Roberts says that he 
 had some business in the private office of the Secretary of State, and 
 you noticed the manly bearing of that young man Grant Roberts upon 
 the witness stand. He tells you he tried to get into that office on that 
 morning on some business connected with the Auditor's office and 
 failed to get there. Then, if the testimony in this case can be relied 
 upon, Henry E. Youtsey did not go through that door. What else? 
 
 Jim Howard says it is all untrue that Youtsey went around 
 through that reception room and let him into that private office. Then 
 what is the testimony in this case? Henry E. Youtsey and Mr. Nickell, 
 upon the side of the prosecution, say that the door was open, and J. M. 
 Hardgrove, Wharton Golden, R. N. Miller, Grant Roberts, Jim Howard 
 and Ben Rowe and myself, all on the other side, say that the door was 
 locked on that occasion and that they could not get in there. That 
 is the connection they have between me and Henry E. Youtsey, and 
 what are you going to do about it? Are you going to say that Youtsey 
 is a gentleman and a truth-teller and a Saint? Youtsey says any- 
 body will lie when he gets into trouble, no matter how honest he may 
 be before that time. That is Youtsey's idea That is what Youtsey 
 said on the witness stand. Then what are you going to do about it? 
 That is the only connection between me and Henry E. Youtsey so 
 far as the death of Senator Goebel is concerned, if his own words 
 can be relied upon. Are you going to say beyond a reasonable doubt 
 that Yousey i-s a gentleman and a truth-teller? Are you going to say 
 that Youtsey is the only man in all this case who is entitled to belief? 
 Are you going to say beyond a reasonable doubt that R. N. Miller, 
 
50 
 
 former County Attorney of Breckinridge County, swore to a lie, and 
 that Grant Roberts, the brother of the able editor of the Lexington 
 Leader, swore to a lie, and that J. M. Hardgrove swore to a lie, and 
 that Ben Rowe swore to a lie? Ben Rowe is another man who says 
 he tried to get into that office between 10 and 11 '■'clock, and Mr. 
 Franklin called him on the proposition, and said: "Ben, didn't you 
 say on the former trial in this case that you got back to that office 
 and unlocked it about 9:30 when, if Powers can be relied upon, he 
 had locked the door and bolted it on the inside and gone to Louis- 
 ville?" and Ben says: "I don't remember about that; I don't think I 
 did." But put it as Mr. Franklin wants it. That door was, as a matter 
 of fact, at 9:30, locked from the inside. But let Mr. Franklin take what- 
 ever horn of the dilemma he likes. That door, on that occasion, was 
 locked and bolted, or it was locked and not bolted. Then, if it was 
 simply locked, as Mr. Franklin tried to get Ben Rowe to say, then 
 what do we have? 
 
 Ben Rowe had a key to the office, W. J. Davidson had a key to the 
 , bolted, or it was locked and not bolted. Then, if it was simply locked, 
 the dilemma he likes. That door, on that occasion, was locked and 
 office, and there is no telling how Youtsey got in there. He might 
 have gotten in there through one of those people. Let Mr. Franklin 
 take whatever horn of the dilemma he likes. Then, are you going to 
 say that Miller and Hardgrove and Grant Roberts and Wharton 
 Golden and Jim Howard and Ben Rowe swore to a lie beyond a 
 reasonable doubt, and that Henry Youtsey is a living embodiment of 
 all the manly virtues, and that the testimony of this convict and self- 
 confessed perjurer is entitled to more weight than all these other 
 gentlemen, who are not confessed perjurers, and whose testimony the 
 law does not challenge, but respects? And this connection of this 
 door is the only connection that they have shown between Henry E. 
 Youtsey and myself in this case. What are you going to do bout it? 
 
 Now let us take up the other door and discuss that in this con- 
 nection. You will remember that Youtsey said on the 29th of January 
 that I agreed to leave the door that leads from the private office to the 
 main hallway ajar. I have not discussed that door on the morning 
 of the 30th, when Senator Goebel was killed. Let us see in what con- 
 dition we find that door. 
 
 Golden says that I pulled that door to as I went to Louisville that 
 morning; that it was a Yale lock, and that it locked itself; that I 
 pushed against it and that it was locked. He is a witness for the 
 prosecution. I testified in my testimony that the door was locked, 
 and even Youtsey himself says that the door was locked, because he 
 says he took Jim Howard to that door to wait for him while he (Yout- 
 sey) went around through the reception room into the private office 
 and unlocked the glass door and let Howard in. So, if the testimony 
 
IS 
 
 can be relied upon, that door was also locked. Then you say to me: 
 "Mr. Powers we are of the opinion that the shot was fired from the 
 office of the Secretary of State, and you have proven to us here by 
 the testimony in this case that Doth of those doors were locked. If 
 that be true, I would like to know how it is, that that shot could have 
 been fired from the ofSce of the Secretary of State?" Why, gentlemen, 
 all we have to do in order to determine this matter, is to go to the 
 prosecution for testimony. They give us an explanation of it. What 
 does Culton say? Culton says that Youtsey said to him away back 
 in January that he had the slickest scheme yet to kill Senator Goebel; 
 that he had a key to the office of the Secretary of State, and he could 
 go in there and pull down the blinds and a man could shoot Senator 
 Goebel and escape through the basement. That is what Culton tells 
 you that Youtsey said to him away back in January. If Youtsey can 
 be relied upon, he did not get that key from either myself or my 
 brother. He never did get the right key from either of us to that 
 office, and he never attempted to get but one key and that was on 
 the 29th of January, the day before Senator Goebel was killed. That 
 is what he says about it. Then, relying upon the testimony for the 
 prosecution in this case, you see how Senator Goebel could have been 
 killed from the ofiice of the Secretary of State. Youtsey told Culton 
 that he had a key to that office or a key that would unlock that office, 
 and Youtsey said that he didn't get it from myself or my brother; 
 that he didn't try to get a key from either of us until the 29th of 
 January, 1900. But how else could the shot have been fired from that 
 office? Why, it is in the testimony in this case that those Yale locks 
 are numbered on the inside and anybody who was in that office could 
 have gotten the number to those Yale locks and gotten a key to fit 
 them. The testimony in this case is that there ought to have been 
 three keys to the side door of my private office that leads into the 
 main hallway, and the testimony is that I never did get but one key 
 to that office when the offce was turned over to me, and the two 
 keys are unaccounted for, and some one of those two keys might 
 have been used in getting into that office. The prosecution tells you 
 that the windows to the private office of the Secretary of State were 
 up on the 30th of January. If they were up, or if they could be 
 raised, somebody might have raised those windows from the outside 
 and gotten into that office. Some one could have gotten access to that 
 office in all these ways. You know that burglars roam over the coun- 
 try and can unlock your door and get into your house and get into 
 your money-drawer. There is a noted burglar in the Georgetown jail 
 now. He tells me that he can pass by any door in this town and 
 see the kind of a key that unlocks it and go off and in a half an hour 
 have a key made and unlock that door. If Youtsey is the same expert 
 in getting into offices and making keys and things of that character 
 
52 
 
 as he is in determining the grains of powder in a cartridge; if he has 
 the same knowledge about things of that character as he has about 
 guns, nobody would doubt that he could get into that office. But if 
 what both he and Culton says about it he had gotten hold of a key 
 away back in January that would unlock my private oflSce, and if what 
 Youtsey says, can be believed, he did not get that key, either from my 
 brother or myself. 
 
 Then, if testimony can be believed, I did not leave that office open on 
 the day of the tragedy for the purpose of having murder committed 
 from there. Youtsey, Golden and myself all say that the door lead- 
 ing from the private oflSce into the hallway was locked on that day, 
 and R. N. Miller and Grant Roberts, who had business in my ofllce 
 connected with the Auditor's office, and Ben Rowe, the janitor, and 
 Wharton Golden and J. M. Hardgrove and myself all say that the door 
 leading from the private office into the reception room was also 
 locked. Jim Howard indirectly says the same thing, because he said 
 that Youtsey did not let him in that office, as is claimed by 
 Youtsey, and the only two witnesses to the effect that the door was 
 open on the 30th was Youtsey and Nickell. And you know that the 
 door leading from the reception room into my private office was 
 locked and bolted from the inside on that day; for when Goebel was 
 shot and an angry crowd in the street was threatening to mob the 
 occupants of the Executive Building, those in the reception room tried 
 to get into my private office through the reception room door for 
 the purpose of getting the guns in that office with which to defend 
 themselves. The proof is overwhelming, and not contradicted, that 
 that door was locked and bolted on the inside, and Matthews had 
 to climb through the transom in order to get into that private office. 
 Rowe, Miller, Todd, Hardgrove and every one else testifies to that. 
 That fact is not disputed. Then we must conclude that th-e door lead- 
 ing from the reception room into my private office was locked on the 
 day of the tragedy, and not left open, as Youtsey claims for the pur- 
 pose of giving himself access to that office in order that murder might 
 be committed from there. And I have explained to you how Youtsey 
 did have access to that office on former occasions, and without my 
 knowledge or consent, if his own and Culton's testimony can be 
 believed. And you remember that thirty-two Yale keys were found 
 in a drawer in Youtsey's^ little office after Goebel had been killed, and 
 how nearly one of tHem came to unlocking the glass door to my pri- 
 vate office. What was Youtsey doing with all those Yale keys? An- 
 swer me that. Now let usi take up the claim on the part of the prose- 
 cution that I left my office on the morning of the 30th for the purpose 
 of letting murder be committed from there. 
 
 Youtsey says that I agreed to be away from my office for the 
 purpose of letting murder be committed from there, and leave it 
 
5S 
 
 acceS'Sable for murder to be committed, and the Commonwealth says 
 that Youtsey is corroborated in that proposition because they say I 
 was away on the 30th of January, 1900; and they say that in that 
 particular Henry E. Youtsey is corroborated because I was away. It 
 is true, gentlemen, I was away, and I want to say to the Commonwealth 
 right here, that I will risk the fate of my case upon why I was away 
 from Frankfort on that day. Whatever may be said about me up to 
 that time; whatever rash conduct or incendiary speech may have been 
 attributed to me, or has been testified to by anybody who has sworn 
 against me; whatever may have been said upon the side of the de- 
 fense, so far as I am individually concerned, I am willing, gentlemen, 
 for you to erase frcm this case all that has been proven in it up to- 
 this time and risk my fate in your hands upon the purpose of my 
 trip to Louisville that day. If my trip to Louisville, as is claimed 
 by the prosecution, was in bad faith; if my trip to Louisville v»'as for 
 the purpose, as is claimed by the prosecution, of permitting my office 
 to be used for the purpose of letting murder be committed from there, 
 and for the purpose of being out of the way and trying to take sus- 
 picion from myself — I say if that claim on the part of the prosecution 
 be true, it does not matter what else may have been proven in this 
 case, in that event, I would te guilty. I say, if that be true, it does not 
 matter what else may be proven on the part of the prosecution, in that 
 event I am guilty; but I say to you on the other hand, if my trip 
 to Louisville on that day was in good faith, for the purpose of getting 
 a crowd of people, mostly from Western Kentucky, to come to Frank- 
 fort to petition the Legislature, as is claimed by the defense, what- 
 ever else may have happened up to that time, I am not guilty, because 
 I could not be guilty if I were going to Louisville for the purpose of 
 getting up a crowd of people to come to Frankfort to petition the 
 Legislature, for in that event, if I had known Mr. Goebel was going 
 to be killed-, such an. act as that on my part would have been a use- 
 less) and senseless one and such a mission as that would have been 
 the height of nonsense and folly. One of the attoi'neys on the part 
 of the prosecution said on yesterday: "Why didin't you go and yet your 
 peaceful petitioners from Western Kentucky after hearing that Sen- 
 ator Goebel was killed? What did the killing of Senator Goebel have 
 to do with it? Why did you stop and why did you come back to 
 Frankfort?" You know why. There is not a man in this case but 
 what knows that it would have been as useless and as senseless to 
 |)lead to the Legislature after Senator Goebel had been killed and' 
 when the bosoms of our law-makers were heaving with rage at the 
 dastardly and cowardly crime that had been committed in Frankfort — 
 it would have been as useless, I say, to plead and petition to them 
 when they were drunk with passion and filled with hate — as it would 
 he for a man to beg and plead to the Niagara Falls not to hurt him 
 
54 
 
 after he had thrown himself from its precipice and was going down 
 into the depths of its awful abyss. So, the mission of my trip to 
 Louisville on the 30th of January is a most important matter in this 
 case. If I were going in good faith, I am not guilty. If I were going 
 in bad faith, I am guilty. How are we to determine the purposes of 
 the trip? Let us be fair with each other. How can we determine 
 whether my trip to Louisville was in good faith or in bad faith? We 
 have to determine that from the testimony in this case. Not from what 
 I say about it; not from what the lawyers on the other side of this 
 case say about it. That should not weigh as much Sis a straw with 
 you one way or the other in the rendition of your verdict. You have 
 to determine that matter from the testimony in the case; and what 
 is the testimony as to the purpose of my trip to Louisville on the 30th 
 of January, 1900? 
 
 Golden says he did not know why I was going to Louisville on 
 that day; that, so far as he was concerned, he had a letter from John 
 Henry Wilscn to come there, and that that was his business to Louis- 
 ville, but did not know why I was going or why my brother was going. 
 He did not know why Long and Day were going. He did not know 
 anything about it. So the only man on the side of the prosecution 
 who gives us any reason for my being away from my office rn that 
 flay is Henry E. Youtsey, and he says that I agreed to be away from 
 ray office that it might be ficcessible for murderous purposes. What 
 has the defense to rebut the testimony of Henry E. Youtsey? It has 
 this: R. N. Miller tells you that on the night of the 29th of January 
 he discussed with me at my boarding house, in F^'ankfort, the plan 
 of bringing a crowd of petitioners from Western Kentucky on the 
 following day. Walter Day tells you in his deposition in this case that 
 on the evening of the 29th of January between the hours of 4 and 5 
 o'clock he came into my office and said that Gov. Taylor wanted him 
 and myself and others to bring a crowd of petitioners from Western 
 Kentucky. The testimony is that W. J. Davidson was also a member 
 of that meeting. I testified that the meeting was held. What has 
 the prosecution to rebut that testimony? We say that we were dis- 
 cussing the trip to Western Kentucky and we decided to sleep over 
 the matter that night and iPtiet back at my ofl[ice early Tuesday morn- 
 ing and deeide whether or not we would go to Louisville that day. 
 The idea was that the Contest Committee would decide the case in 
 a few days and if we were to get anybody from Western Kentucky we 
 had to get them at once. These men tell you we did meet back at my 
 office on the next morning. J. Lon Butler, on the witness stand here, 
 tells you that he was called into that meeting; on Tuesday morning 
 and that we decided to go into Western Kentucky to get a crowd of 
 jietitioners to petition the Legislature. And, as I said to start out with, 
 it wp were gcing to get a crowd of pctlticnerp to r.otiticii tl;e I.eyis- 
 
55 
 
 lature, we could not have known that Senator Gtoebel was going to 
 be killed, because our mission' in that event would have been a 
 useless and senseless one. A man with a spoonful of brains in his 
 cranium would have known that the people would be swept off 
 their feet at such a cowardly and atrocious and brutal murder as that 
 of Senator Goebel. You know that the people at the time were in 
 no state, or frame of mind, to be reasoned with. Butler tells you 
 that we were going to get a crowd of people to petition the Legisla- 
 ture. Day tells you we were going to get a crowd of people to petition 
 the Legislature. So does Davidson, and I testify to that myself. Whom 
 are you going to believe. Day and Davidson and Butler and Miller and 
 myself, oc Henry E. Youtsey? You have either got to believe Henry 
 E. Youtsey or you have to believe these other men. Before you can 
 claim my trip to Louisville on January 30th was not in god faith, you 
 have to say that Lon Butler, Walter Day, W. J. Davidson, J. L. Butler, R. 
 N. Miller and myself all swore to a lie beyond a reasonable doubt. What 
 are you going to do about it? After that meeting is over. Day, Butler, 
 Long, Golden, my brother and myself go on to the depot, on our way 
 to Louisville. Lon Butler says that we discussed the trip to Western 
 Kentucky on the train. He said he agreed to get the men on the 
 Illinois Central Railroad. He Is a traveling man and lived in that 
 section of the State and was well acquainted throughout the entire 
 Western section of the State. The testimony is, if George W. Long 
 can be believed, that he and I discussed the matter of getting peti- 
 tioners from Western Kentucky on the train going to Louisville 
 that day; and that we made a list of the stations from Henderson 
 around by Bowling Green and made an estimate of about the number 
 of men we could get and about the cost of transportation. That is 
 the testimony of George W. Long. The testimony is that more than 
 an hour, or about an hour, before Senator Goebel was killed, George 
 W. Long sent two telegrams from Christiansburg to Ed Mentz, of 
 Glasgow Junction; Jim Frank Taylor, of Glasgow, and E. U. Fordyce, 
 of Bowling Green, calling them to Louisville. You heard those tele- 
 grams read here by two or three people. They are here and speak 
 for themselves. There is no doubt about that. Here was George W. 
 Long sending telegram® to Ed Mentz, E. U. Fordyce, and Jim Frank 
 Taylor to meet us at Louisville, Ky. Why was this done? Do you 
 pretend to say that George W. Long was in the conspiracy and In 
 the plot? Do you mean to say that he was in the conspiracy and that 
 he, too, was trying to cover up his alleged connection with the crime? 
 Do you mean to say that Walter Day was in the conspiracy and that 
 he was trying to cover up his alleged connection with the crime? 
 Lon Butler said he wrote and Long signed the telegrams. Do you 
 mean to say that Lon Butler was in the conspiracy and that he was 
 trying to cover up his alleged connection with the crime? Do you 
 
56 
 
 mean to say, Mr. Franklin — you, whose sworn duty It Is to prosecute 
 all violators of the law in this the Fourteenth Judicial District of the 
 State of ' Kentucky — you believe they were in the conspiracy and 
 you are not prosecuting them? If you do, you have been false to the 
 people who elected you and untrue to your oath of office. If that be 
 true, you are the worst enemy the State has within its confines this 
 day, although you say it is filled with murderers and assassins. The 
 truth is, Mr. Franklin, you don't believe a word of it. The truth is, you 
 know that Long and the other men were not in the alleged conspiracy. 
 Then, if they were not in the alleged conspiracy, they were not send- 
 ing those telegrams to jTm Frank Taylor, E. U. Fordyce and Ed Mentz, 
 in an attempt to cover up their alleged connection with the killing 
 of Senator Goebel, and if that is true, why were these telegrams sent? 
 For what purpose were they sent? They were sent, if the testimony 
 can be relied upon, to get E. U. Fordyce, Jim Frank Taylor and Ed 
 Mentz to come to Louisville on the night of the 30th of January for 
 the purpose of helping get up a crowd of petitioners to come to Frank- 
 fort from the Western end of the State. That being true, we did not 
 know that Senator Goebel was going to be killed, as heretofore ex- 
 plained. And on the way to Louisville, about an hour after the tele- 
 grams were sent, the news was reported through the train that 
 Senator Goebel had Ueen shot from the second or third story of the 
 Executive Building — shot down in the State House Yard. The testi- 
 mony is, that I said, as soon as I heard it, that it was a shame and an 
 outrage and that it had ruined our chances to win in the contests. 
 That is what I said, men. But Golden adds that I said it sarcastically. 
 He didn't say that the first time he testified in this case. He said 
 nothing about my using those words in a sarcastic manner, but, when 
 he was told by those who have him in charge: "Golden, if you are 
 expecting immunity from the Commonwealth, you must testify for 
 the Commonwealth, and it won't do to say that Powers said upon 
 hearing that Senator Goebel was killed that it was a shame and an 
 outrage, and that it had ruined our chances to win, because, if Powers 
 uttered those words, and said them in earnest, he certainly was not 
 in favor of Senator Goebel being killed; for he certainly knew if 
 Goebel were killed that it would ruin the chances of the Republicans 
 to hold their offices." And Golden changed his story and now says 
 that I uttered those wordsi sarcastically. The prosecution says, when 
 they are confronted with overwhelming evidence of my innocence, 
 that I am a Dr. Jekyll and a Mr. Hyde; that I do not mean what I say, 
 that I am acting a double part, that there was nobody more glad than 
 myself to hear the news that Goebel had been shot down and assassi- 
 nated. These are the things that these gentlemen say; but I want to 
 leave it to you, if I did not speak the truth, when I said that it was a 
 shame and an outrage when Senator Goebel was shot. I leave it to your 
 
57 
 
 honest hearts, to your own sense of right and wrong, if it wa& not an 
 outrage when Senator Goebel was shot down like a dog by an assas- 
 sin's bullet. I leave it to you further, if I did not speak the truth, 
 when' I said that it had ruined the chances of the Republicans to win 
 the contest. The whole world knows that the Republicans lost their 
 "^ffict^. and didn't I speak the truth when I said it would ruin the 
 chances of the Republicans to win in the contest? Any fool would 
 have known that. Any fool would have known, if Senator Goebel 
 had been shot down from the Executive building, occupied by Republi- 
 cans, shot down in the State House square, that the Republicans would 
 be charged with it; and if they were charged with it, would not any- 
 body knew that it would ruin the chances of the Republicans to win 
 their cfRces, when they were being contested before Democratic 
 tribunals? Would I not have known, and didn't I know, that such a 
 thing, charged to the Republicans, would make the board of Demo- 
 cratic Election Commissioners decide against me in my case? 
 
 We go to Louisville and what else do we have: Jim Frank Taylor 
 was put upon the witnes stand in this case for the defense. "Mr. Tay- 
 lor, did you receive a telegram from Geo. W. Long to come to Louis- 
 ville on the evening train of January 30th, 1900?" "Yes sir." "Did 
 you come to Louisville in response to that telegram?" "Yes sir." 
 "Did you know why you were going to Louisville before you got 
 there?" "No sir." "Were you informed of the purpose after you got 
 to Louisville?" "Yes sir." "Tell what that purpose' was?" "We ob- 
 ject, we object," says Mr. Franklin. Why object to letting Mr. Taylor 
 tell this jury and tell this country that he was called to Louisville 
 to help get up a crowd of people to petition the Legislature. You 
 claim to have no desire in your heart to prosecute an innocent man. 
 You claim that you are acting only in the discharge of your official 
 duties; and if that be true, why is it you did not let Jim Frank Taylor 
 tell this jury that he was sent for to come to Louisville to help get a 
 crowd of petitioners to petition the Legislature, from Western Ken- 
 tucky? Why didn't you do it? And when E. U. Fordyce and Ed. 
 Mentz were put upon the witness stand, they were asked if they had 
 not received telegrams from Geo. W. Long, calling them to Louis- 
 ville and they said they nad, and they read the elegrams here in your 
 presence, and when the question was finally put to them, "Did Geo. 
 W. Long tell you the object of your being sent for to come to Louis- 
 ville," they said, "Yes." "What was that purpose?" "We object" piped 
 out a chorus cf voices on the part of the prosecution. Why did they 
 object, if they had no desire that an innocent man be punished? Why 
 not let the truth in this case come out? Why not let me show that 
 I was on a legitimate mission on the 30th of January and, therefore, 
 could not have known about any plot to kill Senator Goebel? Why 
 don't they deal fairly with me? 
 
58 
 
 • As I said to start out with, if my trip to Louisville was in good 
 faith, I am not guilty. If it was in bad faith, I am guilty. Then what 
 are you going to do about it? What is the testimony in this case? 
 Henry Youtsey, a convict in the walls of the penitentiary, Henry E. 
 Youtsey, who has sworn on botn sides of this case and both sides 
 of the Howard case, Henry E. Youtsey, who first makes an affidavit 
 that he did not know anything, and then comes up and swears from 
 the witness stand that he knows almost everything, Henry E. Youtsey, 
 who deceived the jury and the country in his own trial by having a 
 pretended conniption fit in the Court-house during the progress of his 
 trial. Henry E. Youtsey, who deceived Arthur Goebel when he told 
 him that he let Tallow Dick Combs and Berry Howard into the private 
 oflSce of the Secretary of State, now comes to this witness stand to 
 deceive you, in the hope of making life bearable in the penitentiary 
 of this State, and finally of roaming over the inviting fieldrs of freedom 
 in payment for his infamy. Be not deceived about it. 
 
 It is the same Henry E. Youtsey, who is the only man who 
 tried to give any reason why I went to Louisville on the 30th of 
 January, and I was surprised, Mr. Hendricks, I was sorely disappointed 
 and seriously surprised when you, a man who has been a candidate 
 for the highest office within the gift of the people of the great State 
 of Kentucky, said to this jury upon yesterday in substance, that you 
 endorsed Youtsey's conduct, when he had a conniption fit here in this 
 Court-house and kept the jury from rendering the verdict against 
 him that they otherwise would have rendered. He said Youtsey was 
 smarter than I; that Youtsey had a conniption fit and that I did not. 
 No, I did not; no, I never will. You can turn every stone of this land 
 into a scaffold, every tree into a gallows, every home into a grave 
 and I will yet be found here as long as my frail form stays above the 
 green turf, fighting my case and maintaining my innocence; and if 
 there is any blotch brought upon the fair name of the State of Ken- 
 tucky by reason of these trials, that blotch will be written upon its 
 pages by the pen of the prosecution. It has never been written, it 
 will never be written by a pen of mine or by my submitting and giving 
 up and having conniption fits, when I know and the God above me 
 knows .that I had no more to do with the killing of Senator Goebel 
 than any man on this jury. 
 
 Are you going to believe Henry E. Youtsey, or are you going to be- 
 lieve these other men? Before you bring in a verdict of guilty in this 
 case, what have you to do? 
 
 As I said to start out with, if my trip to Louisville was in good 
 faith, I am innocent, and if that trip was in bad faith, I am guilty. 
 Then what are you going to do about it? You have Youtsey upon the 
 one hand swearing that my trip to Louisville was in bad faith, and you 
 have R. N. Miller, saying nothing of myself, and Walter Day, and W. J. 
 
59 
 
 Davidson, and Lon Butler, and Jim Frank Taylor, and E. U. Fordyce 
 and E. Mentz and George W. Long and the two telegrams testifying 
 that my trip to Louisville was in good faith. What are you going to 
 do about it? Are you going to say that George W. Long, ex-Treasurer 
 of State, swore to a lie beyond all reason of doubt, when he said 
 my trip to Louisville on the 30th of January was in good faith, when 
 his testimony is not contradicted by a living witness in this case 
 except Henry E. Youtsey, and by. him only indirectly? Are -you going 
 to say that Lon Butler swore to a lie beyond a reasonable doubt 
 when he said that my trip to Louisville was in good faith? Are you 
 going to say that Walter Day, the ex-Treasurer of your State under 
 the Taylor administration, swore to a lie beyond a reasonable doubt 
 when he said that my trip to Louisville was in good faith? Are you 
 going to do that, when the testimony of Long and the testimony of 
 Butler and the testimony of Miller and Mentz's testimony and the 
 testimony of the two telegrams all sustain, uphold and corroborate 
 each other? What are you going to do about it? Are you going to 
 say that all these men swore to a lie beyond a reasonable doubt when 
 their testimony is not contradicted by a living witness, except Henry 
 Youtsey? Their testimony is not impeacheed, it is unimpeachable. 
 Then what are you going todo about it? You have sworn that you would 
 try this case according to the law and the testimony, and if the testi- 
 mony has anything to do with it, there is but one possible verdict and 
 that is a verdict of not guilty. You have either got to say that Ex- 
 Treasurer of State, George W. Long, Treasurer of State, Walter R. 
 Day, J. L. Butler, a trusted traveling man; ex-Superintendent of 
 Public Instruction W. J. Davidson, ex-County Attorney R. N. Miller, 
 Ed. Mentz, Jim Frank Taylor and H. U. Fordyce, all worthy citizens 
 of this State, and the two telegrams and myself are all perjured 
 scoundrels of the Commonwealth of Kentucky, when the testimony of 
 all is unimpeached and is unimpeachable, and when they sustain and 
 corroborate each other, or you have got to say that Henry E. Yout- 
 sey is a living embodiment of truth, honor, uprightness and integrity. 
 You either have to do that or you are compelled to find a verdict of 
 not guilty in this case. There is no escape from that conclusion. 
 
 Then if you try me by the law and the testimony, and you have 
 sworn that you would so try me, I will be given my liberty. There 
 can be no escape from it. 
 
 My friend Wilson gave you an able dissertation on the testimony 
 of Henry B. Youtsey. I cannot spend much more time on it; but you 
 take Youtsey's story itself, as to how the murder was committed, and 
 on the very face of it, you are bound to say it is untre. You are 
 compelled to discover its falsity. 
 
 Col. Campbell said that it did not matter now whether Howard, or 
 Youtsey killed Goebel, that I am guilty, if I can be criminally con- 
 
60 
 
 nected with either of them; that we can take which ever horn of the 
 dilemma we like. But won't you admit Col. Campbell, that if Youtsey 
 has lied again&t Howard that he is likely to lie against me? 
 
 Youtsey says that an unknown man came with a letter and 
 knocked on his office door a few minutes before Goebel was shot and 
 said, "My name is Howard." Youtsey testified that he said his name 
 was Youtsey. 
 
 A lo ely and attractive young lady. Miss Annie Wiest, who was 
 in an adjoining room to Youtsey's little office, said that none of these 
 things occurred. Howard said that none of them occurred. Is Yout- 
 sey's word worth more with you than the sworn statements of Jim 
 Howard and Miss Annie Wiest? 
 
 They had never seen each other before. Howard was a 
 stranger in Frankfort. Nobody tells how Howard ever got from the 
 Frankfort depot to Youtsey's office. It is a wonder that the prosecu- 
 tion didn't have some man like Cecil to say that he met Howard down 
 at the depot and took him up to Youtsey's office; but that is a link in 
 the chain of the testimony for the prosecution that is missing. How- 
 ard is virtually an unknown man in Frankfort and he goes to the door 
 of an office in the Executive building and knocks and a man opens the 
 door, and he presents that man a letter. What do you think of it? 
 They introduce themselves and they talk no further. They go to 
 the glass door to the private office of the Secretary of State. Youtsey 
 goes around through the reception room and admits Howard to my 
 private office. Up to that time nothing is said by Howard about why 
 he is down there. No conversation has ever taken place as to what the 
 object of his mission is. What do you think of it? Youtsey says that 
 he told Howard after he got into the room that the plan was to kill 
 Mr. Goebel from the window. 
 
 Is it not a wonder that Howard did not ask him why he was 
 standing him under the stairway, and what was the necessity for him 
 going under the stairway if he saw anybody, and what was the reason 
 for all that secrecy? Is it not a wonder that Howard did not say to 
 Youtsey, "I've get a letter from Taylor saying for me to report to 
 you. What does he want?" Taylor was certainly not fool enough to 
 tell Howard in a letter that he wanted him to kill Goebel. Youtsey 
 says that he did not tell Howard anything about what was wanted 
 with him until he got him in the room and then he told him that the 
 plan was to kill Mr. Goebel as he came up on the sidewalk. What do 
 you think of it? He says- that Howard picked up the gun, and took his 
 bearing, and everything was proper and that he was almost ready to 
 pull the trigger before the thought struck Howard, "What am I to get 
 for this." What do you think of it? Youtsey said you can get anything 
 you want? "I want a pardon for blowing down old George Baker," 
 says Jim. "That is a mighty small thing to ask," says Youtsey. "That 
 
61 
 
 is all I want," says Jim. Think about it, men! Do you suppose Jim 
 Howard js such a fool as to come down to Frankfort and put himself 
 into the office of the Secretary of State and blow down the Democratic 
 leader of the State for the purpose of getting a pardon for the blowing 
 down of a man up in Clay county, when eleven, of the jurymen on his 
 second trial wanted' to give him his liberty for avenginr- the assassi- 
 nation of his brother? Youtsey says that is all Howard wanted. 
 Nothing is said about a pardon from Gov. Taylor for the MHing of 
 Mr. Goebel. Nothing is said about that. And no application has- ever 
 been made for a pardon so fas as that is concerned and none htis been 
 granted, if the testimony of the Commonwealth can be relied upon. 
 
 Do you believe Jim Howard would walk into "the most dangerous 
 trap" he ever saw and blow down the Democratic leader of the State 
 and get himself into a greater trouble than that he was already in 
 up in Clay county and want nothing for it, except to get out of the 
 trouble in Clay? Do you think that reasonable? Howard said to Yout- 
 sey, so Youtsey says, "If any trouble comes of my killing Goebel we 
 will exchange affidavits." Why the necessity of exchanging affidavits? 
 Why did't Youtsey say to Howard: "Never trouble yourself aoout 
 affidavits. You have no use for an^ affidavit in this case? There is 
 never going to be any trials in this matter. Governor Taylor s going 
 to parduon. us all." Why didn't Youtsey say that to Howard when How- 
 ard suggested the making of affidavits? My God, men, Howard down 
 there in the commission of a crime ten fold greater than the one he 
 was charged with up in Clay county, and all he wanted was a pardon 
 for the blowing down of George Baker up in Clay county! That is the 
 only way that Youtsey could explain why he gave that affidavit that 
 Howard was innocent. That is the explanation. Youtsey felt called 
 on to say why he has given that affidavit. What else? Youtsey says 
 that Howard laid out a number of big horse pistols on the sill of the 
 window and said: "When I shoot Mr. Goebel, I am going to fire a dozen 
 shots from all these pistols and am going to make them believe there 
 are a dozen men here." That is the way the prosecution has of ex- 
 plaining the additional shots. What could have been Howard's idea for 
 that? What could have been Howard's idea for calling attention to 
 the place from which the' fatal shot was fired by firing from his pistols 
 four or five more ehots in there? Is it a silly proposition, a non.sensical 
 proposition. Then you say how were the shots fired? I say I don't 
 kr.ow anything about it; but if the testimony of ^he prcsecutiou can be 
 relied upon it looks very much like Youtsey fired those pistol shots 
 on the way to the basement of the Executive Building, after firing the 
 fatal shot which resulted in the death of Senator Goebel. George 
 Barr,.--s tells you that he smelled smoke in the hallway of the Executive 
 Building. Smoke always goes up, never down. It might have come 
 up the steps into the hallway of the Executive Building. The truth 
 
62 
 
 is, Youtsey did have a pistol in his hand when he came around through 
 the basement baclv into the Governor's office. I say I do not know any- 
 thing about these things, but reason dictates that it must have been 
 that way. 
 
 Then there is another thing about Youtsey's story, that brands 
 it as a falsehood. Youtsey says Howard recognized Goebel down at 
 the gate and Youtsey says he ran out of the room. If Howard recog- 
 nized Goebel at the gate, Howard knew Goebel and it was not neces- 
 sary for Youtsey to stay in tht room to point him out. If Youtsey did 
 not fire, the fatal shot himself, why is it, pray tell me, that he didn't 
 step over into the Auditor's office or into the reception room and 
 be with a number of individuals^ who could swear that he did not fire 
 the fatal shot that resulted in the death of Senator Goebel? Why 
 didn't he do that If he didn't fire the fatal shot himself? Why is it 
 that after the fatal shot was fired, Youtsey says he became panic- 
 stricken and ran down through the basement into the barber shop 
 and into the hands and presence of those who opposed him politically? 
 What was the necessity for Youtsey to be scared if everybody in 
 the Executive Building was implicated in the murder of Senator 
 Goebel? Why did he run into the bosom of his foes instead of into 
 the bosom of his friends? Why does he run so much from those in 
 the Executive Building, if they are his friends, and if they indorsed the 
 murder of Senator Goebel? Think about it, gentlemen. 
 
 What means all this talk about smokeless powder, if Howard 
 fired out of the room a number of pistol shots, with ordinary black 
 powder, as Youtsey says he did? Why was it necessary for Taylor, 
 on the 26th of January, to dictate a letter to Youtsey to be sent to 
 Jim Howard, some 200 miles away, to come to- Frankfort for .the pur- 
 pose of killing Goebel, when Hockersmith, and Johnson and Youtsey 
 were daily seeking and opportunity to kill Goebel, if Youtsey can be 
 believed? Why the necessity of sending after Jim Howard to come 
 and '■•.1 Goenel, if the whole State House sqr.are was filled with 
 desperate mountain assasins? That is what the prosecution claims, 
 and yet out of all the bad mountain men in Frankfort, none were 
 bad enough to kill Mr. Goebel, and Howard had to be sent for, if the 
 prosecution can be relied upon. Why didn't Taylor send a messenger 
 r.fter Howard instead of sending a letter; taht letter might Fpeak in 
 thunder toiies against him some time? The reason why the letter idea 
 was relied upon by the prosecution in preference to the messenger idea, 
 is that the falsity of the messenger idea could be exposed. The mes- 
 senger would have been compelled to have road on trains, stopped 
 at hotels and come into contact with people. But no such opportunity 
 was given the aefense to expose the letter idea. Many thousands of 
 letters pass through the hands of the postal authorities daily. None 
 of them could testify with any degree of accuracy, whether Taylor 
 
63 
 
 wrote to Howard on the 26th of January or Howard wrote Taylor, or 
 neither to the other. Youtsey said that he took the letter from Taylor 
 to Howard down m short-hand and transcribed it and gave it to Tay- 
 lor. He did not give his short-hand notes to Taylor. Where are his 
 short-hand notps containing this letter? Why have they never been 
 produced in Coiirt? The production of the shorz-hand notes would be 
 evidence that the letter was written. Where are they? Echo an- 
 swers where? 
 
 Gentlemen of the jury, I would like to call your attention to a 
 great many more things concerning Henry E. Youtsey, but I shall 
 weary your patience with but a few more of them. I want to call 
 your attention to this agreement, which was made down at Louisville 
 between Henry E. Youtsey and myself, and give you my reasons for 
 doing that, and I ask you to put yourselves in my place and see what 
 you would have done under like circumstances. Suppose, Mr. Booth, 
 that the prosecution in this case had charged you with the murder of 
 Mr. Goebel, as they have me charged, and that you were exactly in 
 my place. Suppose that it had long been the contention of the prose- 
 cution that the shot which murdered Senator Goebel had been fired 
 from your office as they claim it was fired from mine. Suppose as a 
 matter of fact that Henry E. Youtsey was seen to run down the stair- 
 way and through the basement immediately after the fatal shot was 
 fired, and suppose it was the claim of the prosecution that you had 
 given Henry E. Youtsey a key to the office for the purpose of having 
 the murder committed from there. They had convicted you on 
 two former trials on that plea. You had not done it, as it turns 
 out now in this case neither myself nor my brother gave Youtsey the 
 key to enter that office on the 30th of January, If the prosecution can 
 be relied upon; but, suppose they were pretending you had done that 
 at the time you got the agreement from Youtsey, and had on former 
 occasions asked that you be hung for doing that very thing. Suppose 
 it was a known fact that within a few hours after Youtsey had been 
 arrested he had made a confession in the case which was false; that 
 he had implicated innocent men; that he had told Arthur Goebel that 
 Berry Howard and "Tallow Dick" Combs were in the room, and, rely- 
 ing upon the truth of his statements, (Mr. Goebel was trying to get at 
 the men who had killed his brother, and I don't blame him for that, 
 neither does anybody else), but suppose Youtsey had done that, and 
 innocent men had been dragged into the matter by reason -of Yout- 
 sey's lies. 
 
 Suppose, when your trial came up in 1900, that there were days and 
 days that Youtsey was trying to make a deal with the Common- 
 wealth's attorneys andi the prosecution for immunity, if he would tes- 
 tify. Suppose that deal was almost consummated at one time. Suppose 
 that when Youtsey's own trial came up that instead of Youtsey testi- 
 
64 
 
 fying in his own behalf, that he had conniption fits, and lay on a 
 cot, apparently unconscious, for days during his trial. Suppose all 
 these things, and suppose that after he got down to Louisville he 
 gave up his fight and said he was not going to carry his case any 
 further. He had contended to you all the way through that he was 
 innocent; that he knew nothing about the murder of Mr. Goebel; that 
 he did not know anything about where the shot was fired from, nor 
 who fired them; that he did not know anything about it at all. Sup- 
 pose he had made these statements to you, as he had made them to me, 
 and after he got down to Louisville, he said: "I am going to give up my 
 fight; I am going to the penitentiary for life. I am not guilty, but I 
 am not going to risk my life any more." Suppose you knew that he 
 was going down there into that living hell, the penitentiary of this 
 State, and suppose you knew that the prosecution claimed that Yout- 
 sey was the key to the conspiracy and that he could unravel every- 
 thing. Suppose you knew he could easily implicate you by saying he 
 had gotten a key from you to get into your ofiice. He didn't do it, and 
 it turns out now that, as against me, he didn't do that. But how easily 
 he could have said he did get it, and how dangerous to you such a 
 statement would have been. Suppose you suggested to him: "Youtsey 
 you are going down to the penitentiary. In all probability they will 
 make it pretty hard for you and I would like for you to sign a state- 
 ment whicTi is true that you never had any connection with me so far 
 as the killing of Mr. Goebel was concerned. Youtsey says: "All right, 
 I will do it; I will sign the affidavit. I signed an affidavit for Jim 
 Howard a few days ago and I am perfectly willing to sign yours. Go 
 draw it up." And suppose you do go and draw it up and he says: "I 
 don't believe I will sign it until I consult my attorneys, and whatever 
 my attorneys say about it is all right." Suppose he writes up to L. G. 
 Crawford, his half brother, who defended him, and his half brother 
 knew all of his secrets, knew that he knew nothing against you, and 
 his half brother agreed that he could sign and swear to the affidavit 
 and his half brother sent it back to him for him to sign and after he 
 got it back he says: "I won't sign that paper." Youtsey thinks in 
 his mind: "I have been sidetracking the prosecution all the way 
 through. I thought I had them sidetracked before they arrested me, 
 and I have sidetracked them into the prosecution of innocent men, 
 Dick Combs and Berry Howard. I had a conniption fit and sidetracked 
 the jury. I am as great an actor as Booth ever was. It may be that 
 when I get to the pentitentiary I may want to get out or get an easy 
 job. in there." Suppose he didn't know anything against you. You are 
 innocent, but what would you do? Would you not try to get an aflS- 
 davit from Youtsey exculpating you, even though he did not know 
 anything against you, when most of the testimony against you was al- 
 leged statements of alleged conspirators, swearing for immunity? That 
 
()5 
 
 is what 1 did, "but he would not sign the affidavit unless I would agree 
 that he (Youtsey) would waive the truth or falsity of what he was to 
 swear to, and and I refused to take it under those terms for a few 
 days; I didn't want it that way; I wanted a clear cut affidavit without 
 the waiving of anything; but I could not get it; Youtsey would not 
 give it to me, but he said if you will let me write that agreement here 
 I will sign the affidavit, and he writes this agreement: 
 
 "This agreement ,made and entered into this 26th day of January, 
 1901, by and between Caleb Powers, now under conviction as a con- 
 spirator, and Henry E. Youtsey, under conviction as a principal in the 
 murder of Gov. Goebel. 
 
 "Witnesseth, that for the purpose only of enabling the said Powers 
 to clear himself of all connection with said murder, the said Youtsey 
 agrees to, and does, sign and swear to the following affidavit, waiving 
 its truth or falsity." 
 
 I do not waive anything. I do not agree to waive anything. Yout- 
 sey was the man who was waiving the truth or falsity of that affidavit, 
 and not me. I thought it would he better for me to get an affidivat 
 from Youtsey of that character than to get none at all. I may have 
 made a mistake about it. All people in this country do make mis- 
 takes, but this was my notion about it: That if Youtsey signed this 
 affidaTit and ever turned up in Court to testify against me, as it was 
 said by everybody that he would some time become a star witness, 
 I thought it better to have Youtsey swearing on both sides of the 
 case. I could show if he ever did swear at any time that I was guilty, 
 that at another time he swore I was innocent, and no jury can believe 
 a man who swears on both sides. That was my idea and those are the 
 reasons why I took the affidavit under those conditions. I may have 
 made a mistake. We are all short-sighted, weak human beings, and all 
 liable to err and I may have made that mistake, but I don't think I 
 did. I did not think I was making a mistake then; I do not think it 
 now. Youtsey is not the only man from whom I have gotten state- 
 ments, before they left the Georgetown and jails for the penitentiary. 
 Jim Jackson, Bob Bronhom, Riley, Binkley, Burley and many others 
 have given me statements before leaving to the effect that I had not 
 said anything in their presence while in jail even tending to show that 
 I had he remotest knowledge of the killing of Goebel. I knew that 
 these men were going to a living tomb and I did not know but what 
 some of them might be induced to testify against me in the hope of 
 getting out. I thought the same think about Youtsey, and took his 
 statement. I was guarding against possible perjury. 
 
 Now, a few more things in regard to Youtsey. Mr. Hendricks 
 claimed that when Youtsey was at my office window with a gun on 
 Saturday, January 27th, just after the Berry-VanMeter contest, that 
 I was trying to get Youtsey in a compromising position; that I was 
 
66 
 
 trying to manufacture evidence for myself; tliat I was a Dr. Jekyll 
 and a Mr. Hyde; that I did not care whiat testimony they had against 
 Youtsey; that I expected to be able to say in the future, if I needed 
 to say it, that I advised Youtsey against violence and bloodshed and 
 all that kind of business; and that I went and got McKenzie Todd 
 to get him to talk to Youtsey, not for the purpose of preventing 
 Youtsey from doing violence, but for the purpose of manufacturing 
 testimony for myself. Why, if the claims of these gentlemen can be 
 relied upon, I was the last man in all the world to need testimony, 
 because it is their contention that the killing of Mr. Goebel was going 
 to settle the contest and give the Republicans their offices. If that 
 contention upon the part of the prosecution is true, I am the last man 
 in all the State of Kentucky to need testimony. And from another 
 standpoint, do you think I would go into the thing if I thought I would 
 need testimony or that I was ever going to be called up in Court about 
 it? If I was ever going to be called up in Court about it I would 
 lose my office, the very thing for which I was contending, and for 
 the purpose of holding which, these gentlemen allege I entered into 
 a conspiracy to murder Goebel. They say I was acting a double part 
 when I went to my office, where I had a right to go, and where duty 
 called me. I happened to find Youtsey in there. He was there with- 
 out my permission or authority, if his own testimony can be believed. 
 I said to him: "What are you doing at that window with a gun?" 
 What ought I to have said to him? And when he didn't give me the 
 satisfaction I demanded, I went to get somebody to talk to him. I 
 foundi Todd. Counsel for the prosecution says I ought to have kicked 
 him out of my office. I answer it has never been my custom in life to 
 try to control men by brute force, and I simply went and got Mack 
 Todd to talk to him and he did go in and talk to him. 
 
 Why, if it were a conspiracy for Henry Youtsey to be at my win- 
 dow with a gun, why was it not another conspiracy for him to have 
 been at another office window with a gun? If it was a conspiracy on 
 my part to happen to see Henry Youtsey at my private office window 
 with a gun, why was it not a conspiracy on the part of Mack Todd and 
 George Hemphill and these other people who happened to see Youtsey 
 at another office window with a gun? Is it more of a crime on my 
 part to have seen him at one window with a gun than it was for Todd 
 and Day and Stone and Hemphill and others to have happened to 
 have seen him at another window with a gun? None of these men 
 ever went and got anybody to talk to Youtsey in order that he might 
 be dissuaded from his rashness. None of them has ever been charged 
 with the murder of Senator Goebel, or with procuring Youtsey to kill 
 Senator Goebel. I did get McKenzie Todd to dissuade Youtsey 
 from indiscreet conduct. Col. Hendricks, in trying to convince the jury 
 and the country that I am guilty, said: "If Powers is not guilty, why 
 
67 
 
 was lie indicted? Nobody has ever heard of Day, John S. Sweeney, 
 Cliftcn J. Pratt, John Burke and other State officials, who were on the 
 same ticket with Powers, being indicted?" .Yes; that is true, and it is 
 furtlier true that Youtsey was the private stenographer of Rev. John 
 S. Sweeney and got the rifle out of the vault of his office with which 
 Goeijel is alleged to have been killed. It is further true that Youtsey, 
 froBi a desk in the Auditor's office, was ordering smokeless powder 
 cartridges and having talks with Dr. Johnson and entering into con- 
 spiracies with the negro, Hockersmith, to kill Goebel, and sayinlg to 
 Day that if he had $300 he could settle the contest. Nobody ever 
 iieard of Rev. Sweeney advising with Youtsey. Youtsey said to John 
 Ricketts in the office of Lucas Moore, Commissioner of Agriculture, 
 that his job depended on Goebel's death. It was there where Yout- 
 sey said to Culton that he had the slickest scheme yet to kill Goebel. 
 It was there where all the guns were stacked. Nobody has ever heard 
 of Lucas Moore being charged with the murder of Mr. Goebel. Nobody 
 iias ever heard of Sweeney, or Pratt, or Burke, or Throckmorton, or 
 Day, or any of the rest of the State officials trying to put on foot a 
 Coebel. I did that. Does that make me more guilty than they? None 
 tif them ever employed J. B. Mathews and sent him to see Miss Weist, 
 ^'bo was in adjoining rooms to Youtsey, when the murder occurred, 
 amd see what she knew about his condition. I did that. Does that 
 make me more guilty than they? None of them went to John and 
 Winiam Sweeney, Jr., and Grant Roberts, who were employed in the 
 same office with Youtsey, and who were likely to know of his conduct 
 and actions, and say to them: "Youtsey's actions have been suspicious. 
 I think the guilty connected with the murder of Mr. Goebel should 
 he exposed." I did that. Is such conduct as that proof of my guilt, 
 SEd proof of their innocence? None of them ever said to J. B. Mathews 
 and McKenzie Todd and others, that he felt that a full and complete 
 investigation should be made of Goebel's murder. I did that. Does 
 tiat make me more guilty than they? None of them ever called in 
 Detective Griffin, of Somerset, Kentucky, at the instance of J. B. 
 Mathews and George Hemphill, and put him to work on the case, 
 Esder the assurance that he was an honest dectective and would let 
 the facts remain as hp found them. I did that. Is that proof of my 
 gulfx? None of them tried to get the Louisville defense committee, 
 tircagh counsel, to set apart a portion of that money to pay detec- 
 tiT«s to unearth the murderer of Mr. Goebel. I did that. Is that 
 & circumstance against me? None of them, failing in that, said to 
 'Deifniiive L. R. Griffin, to go ahead with the work, expose the guilty, 
 if fee could, and get his pay from the Reward Commission. I did that. 
 Will you find me guilty for doing that? 
 
 None of them ever sent J. B. Mathews to Indianapolis, Ind., to see 
 Ciarles Finley and see if he knew anything about the two missing 
 
68 
 
 keys to the glass door of the private office of the Secretary of State, 
 that they might know whether or not they were used in connection 
 with Goebel's murder. I did that. None of them ever went to Gov. 
 W. O. Bradley and Judge Ycst and said to them, "We have been inves- 
 tigating the oGebel murder, and that they believed that they would 
 go and lay before Mr. Franklin, the Commonwealth's Attorney, all 
 the facts in their possessiion, to the end that the guilty might be 
 exposed and apprehended. I did that. And yet Col. Hendrick asked: 
 "Why did they charge me with the Goebel murder and did not charge 
 to other State officials?" I am sure that none of the State officials 
 he named had the remotest connection with Goe^^e^s murder, but 
 none of them are more innocent than I. So for as the testimony 
 appears, McKenzie Todd and myself are the only ones who tried to 
 dissuade Youtsey from his rashness before Goebel was killed and 
 Todd did that on two occasions at my instance, once on the Saturday 
 before Goebel was killed, when Youtsey was in my private office with 
 a gun, and once on the Monday morning before the killing in the 
 hallway of the Executive building. Both McKenzie Todd and 
 myself testified to these things. No Republican official at Frankfort, 
 so far as the testimony appears, spent his mean» in trying to expose 
 Goebel's murderers. I did that, and yet they say I am guilty. If 
 every man should be indicted before whom Youtsey did an indiscreet 
 act, why don't you indict Walter Day, McKenzie Todd, George Hemp- 
 hill, S. B. Stone, R. N. Miller, John Ricketts, Grant Roberts, Frank 
 Johnston and manay, many others? 
 
 Whatever I do, and wherever I go, and whatever I say, these men 
 construe it against me. If I go up the road, they say I ought to have 
 gone down. If I say one thing they say I ought to have said another. 
 If I do one thing they say I ought to have done another. They say 
 when Burton was in my office at that meeting making that incendiary 
 speech and I called him down and said, if violence is to be contem- 
 plated, and, if this meeting has for itS' object the murder of anybody, 
 I propose to withdraw from this meeting and have nothing further 
 to do with it. Mr. Hendrick says the idea of Powers saying that he 
 would withdraw and have nothing further to do with the meeting! 
 The idea of Powers resigning his office! The ideaof Powers going 
 home! He says it is a ridiculous proposition. What if I had done any- 
 thing else on that occasion than what I did? What if I had come to 
 the conclusien that the meeting was being held in my office and that 
 the people who were assembled in that office cccupied tne relations of 
 one's guests and that I, therefore, should say nothing, even if they were 
 indiscreet, what would the prosecution have said in that instance? They 
 would have said that you endorsed Burton's conduct by not getting 
 up and saying that you would not stand for anything of that kind. 
 What if I had sat quietly by and said nothing? They would have said 
 
09 
 
 that I endorsed every word that Burton said, and rejoiced at it in 
 my heart, and when I did call him down; when I did tell him that I did 
 not propose to be a party to such a thing as that, these men say that 
 I was acting a double part and that I didn't mean it. It is be damned 
 if you do, and be damned if you doh't. Whatever road I take; wherever 
 I go, these men say I am acting a double part. Mr. Hendrick said that 
 because I testified on the witness stand with calmness and delibera- 
 tion that I was swearing to lies. What if I had testified in any other 
 way? What if I had been darting and scouring over that platform and 
 jumping at every proposition? They would have said: "Of course 
 he is guilty." Whatever I do, they ask you to find me guilty for it. 
 Down ill Louisville, when I am alleged to have said to Golden: "I have 
 made a mistake in coming down here; let us get back to Frankfort on 
 the first train — that was the 30th of January — they say that I said that 
 because I had made a mistake by leaving Frankfort the day that 
 Senator Goebel was killed, and that the thing to do was to return 
 to Frankfort on the first train. What if I had remained in Louis- 
 ville, what would they have said? They would have said: "He was 
 afraid to go back where the bloodshed, assassination and murder had 
 been done in his absence." They say I am guilty because I left my 
 oflBce on the morning before Senator Goebel was killed and doubly 
 guilty because I returned to it after he was killed. So, whatever I do, 
 they ask you to convict me for it. After the shooting was over I began 
 to make in vestigatlons as to who fired the fatal shot that resulted 
 in. the death of Senator Goebel, but I believe I am not permitted to 
 speak as to that because the prosecution objected to that evidnce and 
 it was sustaind. 
 
 When Gi'ant Roberts was put on the witness stand and the ques- 
 tion was put to Roberts: "Is it not true that you had a talk with 
 Caleb Powers in his office afer Senator Goebel was killed, and is it 
 not true that he said to you on that occasion: 'They are claiming 
 this shot came from my office; I am satisfied it did not, but I want 
 you to make all the investigations in your power to unearth the guilty 
 and to uncoMcr the truth?'" and there came from the side of the 
 prosecution a chorus of objections to Grant Roberts' answering that 
 question. Why did they object to me showing I did what I could, 
 lent all the assistance I could, to unearth Goebel's murderer? Mr. 
 Hendrick said yesterday that I had talked with Gov. Bradley and 
 Judge Yost about it. I did have a talk with Gov. Bradley and Judge 
 Yost about going to Mr. Franklin and laying before him all the facts 
 I had found out with reference to the killing of Mr. Goebel. They 
 say I was acting a double part; that I was trying to take suspicion 
 from myself, and when Mack Todd was put upon the witness stand 
 and asked this question: "Todd, did you have any conversation with 
 this defendant, after Mr. Goebel had been killed, in the hallway of 
 
70 
 
 the Executive Building, and did he say to you upon that occasion that 
 they were claiming the shot came from his office, and I want you to 
 they were claiming the shot came from his office, and that he wanted 
 you to use all the power you could to ascertain the truth of it; that 
 so far as he was concerned, that he had nothing to fear, and that he 
 wanted a full investigation of the aflair?" There came a chorus, of 
 objections from the side of the prosecution. Why object; why do 
 they keep it from you, that I did whatever I could to unearth the 
 murderer of Senator Goebel, and that I employed Mathews to help 
 run the murderer down? Why object to me exposing the guilty? If I 
 had been implicated with Youtsey, I certainly would not have been 
 trying to expose his guilt, because, in that event, I would be exposing 
 my own guilt. Cecil said that on Monday night, before Goe'Del wa^ 
 killed, that I said that there was a fellow across the hall (meaning 
 Youtsey) who wanted to kill Goebel the other day, and that 1 would 
 not let him do it, because I was afraid to trust him. Youtsey said 
 that I was telling him on the morning of the same day that I was not 
 afraid to trust him, and was planning with him to have the shot fired 
 from that office. Cecil testified that I was alone when I said tiiat to 
 him. Youtsey testified that 1 was alone when 1 said that to hini. The 
 testimony of the one contradicts the other. 
 
 Cecil is under indictment, and is swearing for immunity. Youtsey 
 is in the penitentiary of this State, and is trying to swear his way to 
 liberty. The law challenges the testimony of them both, and says 
 that it cannot be believed unless it is corroborated. They contradict 
 each other. McKenzie Todd, who was formerly a witness fcr the 
 prosecution, told you that both he and I were trying to prevent Yout- 
 sey from doing acts of violence the Saturday before Goebel was killed, 
 and that on the same Monday morning, when Youtsey says I was 
 endorsing murder, when 1 was alone with him, Todd tells you that 
 both he and 1 were advising Youtsey against rashness, and that he 
 did it at my instance. The testimony is that I happened to me^ 
 Youtsey in the hallway that morning, and that he waned in my office, 
 and remembering what his conduct had been on the Saturday before; 
 I went and got Todd to talk to him again. Todd knew him well. These 
 were the onTy occasions 1 ever came in contact with outsey, esre^t 
 when I took the oath of office the first of January, 1900. I scarc^y 
 knew Youtsey. If Youtsey can be believed, he is the man who was 
 seeking Goebel's death, not I. It was Youtsey, with Dr. Johnson, wba 
 first talked of the murder of Mr. Goebel. It was Youtsey who said 
 that Johnson wanted to kill him from the very start, and that the 
 start was when Johnson came before Youtsey to be sworn to an 
 affidavit. It was Youtsey, with Johnson, who searched through a vacant 
 room on the second floor of the Executive Building, hunting a place 
 from which to kill Goebel. It was Youtsey, with Dr. Johnson, wfeo 
 
71 
 
 examined the hallway windows and doors of the executive building 
 in search of a suitable place from which to fire the fatal shot. It was 
 Youtsey, with Johnson, who examined the private oflBce of the Secre- 
 tary of State, when I was in the mountains of Kentucky, with the 
 view of firing the fatal shot from there. It was Youtsey, with John- 
 son, who decided that that affice was the place from which to fire 
 the shot. It was Youtsey who ordered smokeless powder cartridges 
 from Cincinnati, with which to kill Goebel, on the 22nd of January, 
 when I was in the mountains of Kentucky. It was Youtsey who told 
 Johnson that the cartridges go with the gun after he had received 
 them from Powell, Clements "& Company, of Cincinnati. It was Yout- 
 sey who stole a Marlin gun belonging to Grant Roberts from the vault 
 in the Auditor's oflice, and carried it into his own little office, pre- 
 paratory to killing Mr. Goebel. It was Youtsey who carried that gun 
 into my private office, when I was in the mountains of Kentucky, try- 
 ing to get men to come to Frankfort as witnesses before the contest 
 boards. It was Youtsey who placed Johnson in that office in my 
 absence, and tried to kill Senator Goebel. It was Youtsey, with John- 
 son, who mapped out how the assassin should escape from that office 
 after the fatal shot was fired. It was Youtsey, with Johnson, who 
 planned that he should run down the basement and through the 
 basement and around and back into the hallway of the Executive 
 Building. It was Youtsey who ran that route, following the firing the 
 the fatal sbot. It was Youtsey, with Johnson, who told Culton that he 
 had the slickest scheme yet by which he could kill Senator Goebel; that 
 he could kill him from the office of the Secretary of State and escape 
 through the basement. It was Youtsey, with Johnson, who discussed 
 a plan to kill Senator Goebel in his room at the Capital Hotel with 
 nitroglycerine. It was Youtsey who would have favored that but for 
 the fact that hiS' wife had some relatives boarding at the hotel. It 
 was Youtsey who sought the negro Hockersmith to kill Goebel, after 
 his and Johnson's plans had failed. It was Youtsey who took Hocker- 
 smith into his private office and sought his services to kill Senator 
 Goebel. It was Youtsey who took Hockersmith into the private office 
 of the Secretary of State with a view of having Goebel killed from 
 there, and in my absence. It was Youtsey who showed Hockersmith 
 the gun and cartridges he had prepared with which to kill Goebel. 
 It was Youtsey who was disappointed when Hockersmith failed to 
 kill him. It was Youtsey who then set about trying to get some one 
 else to do it. It was Youtsey who told John Ricketts that his job 
 depended on Goebel being killed and Taylor holding his seat. It was 
 Youtsey who said that he had $100 to put up to that end. It was 
 Youtsey who told Walter Day that if he had $300 he could settle the 
 contest. It was Youtsey who made the proposition to some of the 
 mountain men at Frankfort to kill Goebel. It was Youtsey who 
 
72 
 
 dreamed that he saw some of the mountain men kill Goebel. It was 
 Youtsey who had the killing of Goebel so much on his mind that he 
 •even dreamed about it at night. It was Youtsey who said that Howard 
 knocked on Youtsey's- private offlce door on the morning of the 30th, 
 but Miss Weist, a beautiful and attractive young woman who occupied 
 an adjoining room to Youtsey, said that' did not occur; that the door 
 between her offlce and Youtsey's was open on that morning and that 
 Youtsey was not in that office at all that morning, and that no one 
 knocked on his office door. It was Youtsey who had advised the 
 young lady to leave her offlce a few days before, because he said 
 that trouble was going to come up. It was Youtsey who had his gun 
 with him on that occasion. It was Youtsey who was sitting both at 
 the reception room window and at a window in the private offlce of 
 the Secretary of State with the window hoisted, the blinds pulled 
 down and a Marlin gun across his lap. It was Youtsey who said to 
 Culton about the middle of January that he had a slick scheme to 
 kill Goebel from the private office of the Secretary of State; that he 
 had a key that would unlock the door of that office and that he could 
 get in there any time he wanted to, by means of that key. It was Yout- 
 sey who said that he did not get that key from either myself or my 
 brother. It was Youtsey who said that he never did get any key from 
 me, and that he never tried to get any key from my brother until the 
 29th day of January, the day before Goebel was killed. It is Youtsey 
 who says that he never did get the right key from my brother; that 
 the one he got on the 29th of January failed to unlock the door. 
 
 It was Youtsey who ran, panic-stricken, down the stairway and 
 through the basement after Goebel was killed. It was Youtsey who 
 said to S. S. Shepherd that if he had his way that the contest would 
 soon be settled. It was Youtsey who said that everybody was kicking 
 on him killing Goebel, and that he would have to drop it. It was 
 Youtsey who wanted an alibi after Goebel was killed. It was Youtsey 
 who asked Culton if he could not place him up in the lobby of the 
 Legislature with Culton and swear that he was up there when Goebel 
 was shot. It was Youtsey who refused to tell Frank Johnson where 
 he was when Goebel as shot. It was Youtsey who wanted to send 
 Grant Roberts $20 for his gun after Goebel was killed. It was Yout- 
 sey who tried to buy John Mastin's gun before Goebel was killed, and 
 intending to use it for the purpose of killing' Goebel. 
 
 It was Youtsey who began making confessions six hours after he 
 was arrested. It was Youtsey who told Arthur Goebel that he had 
 let Dick Combs and Berry Howard into the private offlce of the Secre- 
 tary of State just before Goebel was shot. It was Youts-ey who says 
 he lied when he did this, but that he did it in order not to harrass 
 Mr. Arthur Goebel's mind. It was Youtsey who, by lying to Arthur 
 Goebel, had Berry Howard and Dick Combs arrested and indicted on 
 
7:^ 
 
 the charge of killing Senator Goebel. It was Youtsey who permitted 
 Dick Combs, to be dragged from jail to jail and to lie behind prison 
 bars for many months. It was Youtsey who let Berry Howard be put 
 upon trial for his life, and never breathed a word to the prosecution 
 that Berry Howard was an innocent man and that he had lied when 
 he told Arthur Goebel that Berry Howard was in the private office 
 just before the shooting. 
 
 It was Youtsey who had conniption fits when put upon trial for 
 his life. It was Youtsey who said that he did that for the purpose of 
 deceiving the Court, the jury and the country. It was Youtsey who 
 said that, as a matter of fact, that he had no fit, but thought it was 
 the best thing to do under the circumstances. It was Youtsey, who 
 lay upon a cot during the most of his own trial, apparently uncon- 
 scious of what was going on about him. It was Youtsey who always 
 maintained to his own dear wife that he was innocent of tne crime 
 charged against him. It was Youtsey who refused to appeal his case, 
 and went to the pentitentiary for life. It was Youtsey who made an 
 affidavit before he went to the penitentiary that he had did not know 
 and had not seen Jim Howard until long after Goebel had been killed, 
 and now swears he swore a lie upon that occasion. It was Youtsey 
 who made an affidavit before he went to the penitentiary to the effect 
 that he knew no circumstance, even remotely, to connect me with, 
 the killing of Senator Goebel. It is Youtsey who says that when he 
 swore to that that he swore a lie. It was Youtsey who said that any- 
 body would swear to a lie when he got into trouble and was trying to 
 get cut. It wasi Youtsey who was kept on bread and water for eight 
 consecutive Sundays in the penitentiary of this State before he became 
 a witness in these cases. It was Youtsey who was put to firing a fur- 
 nace in the hot days of July and August before he ever testified for 
 the Commonwealth. It was Youtsey who testified that the Warden 
 of the penitentiary and others advised him to tell what he knew. It 
 was Youtsey who wrote out a statement of what he said he knew 
 and sent it to Judge Cantrill. It was Youtsey who burned that state- 
 ment, together with his short-hand notes of it, when it was returned to 
 him, because it was not satisfactory. 
 
 It was, in all probability, Youtsey who failed to implicate me in 
 that statement. It was Youtsey who told Col. Campbell in a state- 
 ment a few hours after he was arrested that he never discussed with 
 me the killing of Goebel from my office. It is Youtsey who now says 
 he lied about that. It is Youtsey who says that I agreed to leave my 
 office door open for the purposes of letting murder be committed from 
 there. It is Youtsey who says that the door leading from the reception 
 room into my office was open on the morning of the 30th of January 
 before Goebel was killed. It is Youtsey who is contradicted in that 
 By Ben Rowe, the janitor; R. N. Miller, a clerk in the reception room; 
 
74 
 
 Grant Roberts, the brother of an able newspaper editor of this State; 
 J. A. Hartgrove, who was in the reception room and saw some one 
 try to enter my private olRce thirty or forty minuts before Goebel was 
 shot, but failed. It is Ycutsey who contradicts Golden, who says he 
 saw me Icck that door from the inside and bolt it before leaving for 
 Louisville on the morning of the 30th. It is Youtsey who is contra- 
 dicted by Jim Howard, who says Youtsey did not let him into the 
 l)rivate office on that day, and lastly. Youtsey is contradicted by my 
 own testimony. 
 
 It is Youtsey who is the alleged key to the alleged conspiracy. It 
 is Youtsey who failed to tell us when and where the conspiracy was 
 entered into to kill Goebel and who were present. It is Youtsey who 
 connects nobody with the alleged conspiracy, except he talked to them 
 alone. It is Youtsey who had an alleged private talk to my brother, and an 
 unknown man to Youtsey, about the alleged wrong key to my office. It 
 is Youtsey who had an alleged private talk to Jim Howard, an un- 
 known man to Yontsey, about killing Senator Goebel. It is Youtsey, 
 who had an alleged private talk to W. J. Davidson about getting into 
 my office. It is Youtsey who meets this one here and that one there 
 and has a private talk to them and connects them with the murder of 
 Mr. Goebel. It is Youtsey who said he knew nothing incriminating 
 against Charles Finley Although Finley has louvily and long been 
 denounced as a conspirator, it is Youtsey who never had but one 
 talk with me about the murder of Mr. Goebel, and that was the day 
 before Gcebel wa^ killed, if Ycutsey's own testimony can be believed. 
 It is Youtsey who says that he had that talk with me when I was 
 alone, and in that talk with him when I was alone that I agreed to 
 be away from my office. It is Youtsey who says that I left my office 
 on the morning of the 30th of January for the purpose of permitting 
 murder to be committed from tnere. It is Youtsey who is contradicted 
 in this by R. N. Miller, George W. Long, ex-State Treausurer; Walter 
 Day, another ex-State Treasurer; J. Lon Butler, a trusted traveling 
 salesman for a large wholesale house in Baltimore; E. U. Fordyce, 
 Jim Frank Taylcr and Ed Mentz, all reputable men, and also myself. 
 It is Youtsey who said that I was away from my office on a sinister 
 purpose, while all these other men say that my trip to Louisville on 
 that day was for the purpose of getting up another crowd of petitioners 
 to come, mostly from Western Kentucky, to petition the Legislature. 
 
 Is there a man on this jury who believes that I had the remotest 
 connection with Henry E. Youtsey in so far as the killing of Senator 
 Gcebel was concerned. If there be one, let me bring this matter home 
 to you by an illustration. Suppose, Mr. Layson, when you were coming 
 down the streets of Georgetown — coming here to serve on this jury — 
 that you saw a young man sitting in front of one of these saloons 
 here, and he asked you to get him a drink. You knew nothing of 
 
75 
 
 the young man. You had seen him around town here once or twice 
 in your life. 
 
 You did not l^now where his parents lived; you knew nothing of 
 him or about him; he stopped you on the street and said to you: "Mr. 
 Layson, I want a drink of whiskey. I want you to go in and buy it 
 for me, or loan me the money with which I can buy it. I am dying 
 of thirst; I have got no money and no friends here; but for the sake 
 of my burning appetite and for me, I want you to loan me just one dime 
 to get a drink;" and you say to him: "Young man, I cannot do it. 
 To begin with, it is a violation of the law for me to loan you any money 
 for Siuch a purpose. And if I could loan it to you, without any infrac- 
 tion of the law of this town, I would not do it. You are a young man; 
 upon the young men' of this State and this Union depends its per- 
 petuity and its progress. I never started any boy on the road to ruin; 
 I cannot start you. Young man, listen to the advise of an older head. 
 Liquor contaminates everything that it touches. It unfits you for 
 business; it degrades your manhood, undermines your vigor and lays 
 waste your energies; it saps your vitality and looses for you the 
 respect and confidence of your neighbors and friends; it breaks your 
 mother's heart and blots out y^ur attachments for home; it ruins your 
 hopes and prospects for a bright and happy life; it hastens your 
 father to a sad and immature grave; it brings tears down the cheeks 
 of mothers and floods their hearts with misery and woe. Young man, 
 you should not ask me to aid such an infamous cause; I cannot do it. 
 I have some respect for my country's honor. Dearth and desolation 
 are found in the wake of whiskey's course. It covers the land with 
 misery .and crime. It will curse your existence here on earth and 
 finally land you in Hell. Young man, I cannot do it." 
 
 And, Mr. Booth here, who was with you coming down the streets, 
 has stopped to wait for you. You go on to him, thinking about the re- 
 quest of the young man. It strikes you that it would be a good idea for 
 him to go back and talk to that fellow. He is about to do that which 
 will take him on the read to ruin and make him a curse to the country 
 that he calls his home and a disgrace and a dishonor to the State that 
 we all love. I wish that you would go and talk to him. Mr. Booth 
 goes. He is actuated by the same feelings that actuated you. He 
 enters into a conversation with the boy. He says that it will never 
 do to drink; that it has slain too many reputation; that it has brought 
 shatoe and despair and misery and want to too many homes; that it 
 has been the father of too many crimes; that it does not stop at the 
 havoc and ruin of the poor, but, like a vile and slimy serpent, it 
 crawls across the threshold of our fairest homes and leaves its desola- 
 tion and ruin there. It creeps into our Courts and defiles, the streams 
 of justice; it invites famine and courts disaster. It won't do to 
 drink, young man. Aatid about that time, Mr. Layson, you have gone 
 
back to where your neighbor has beea talking to the young man. 
 You hear him say that it will never do to drink, and to emphasize 
 what you have said before you again repeat, that is right young man, 
 it will never do to drink. Time passes on; you are detained here in 
 €ourt. You have been chosen to serve on this jury; you are here 
 performing the cbligaTions of citizenship. And after this trial is over; 
 after these long days of waiting and suspense are at an end, with a 
 consciousness cf duty well performed; with the thought in your mind 
 that this days' work, whatever yonr neighbors may temporarily think 
 about it, will stand the test of time and vindicate your actions, and with 
 the thought in your breast that if you have erred at all, it has been 
 on the side of mercy and humanity, you go forth from this jury box 
 and again be given your liberty and have the privilege to mix and 
 mingle with your fellow-men without restraint and take your place 
 again in the active battles of life, assuming its cares and sharing its 
 burdens. 
 
 Suppose, as you are leaving this town, you come across this 
 young man on the street and he again asks you for more whiskey or 
 the money with which to purchase it. You are wanting to get to your 
 homes. You do not tarry long with him; you have given him advice 
 before, but you feel like you owe it to your country to again advise 
 him. You again ask Mr. Booth to advise with him, as he is better 
 acquainted with him than you. And you say to Mr. Booth: "I wish 
 you would go and talk to that young man again; he is yet wanting 
 whiskey." And you go and talk to him, Mr. Booth, and the young 
 man says that is all right. "Then I will not drink if it is going to 
 ruin me; I will let it alone." You gentlemen pass on to your homes. 
 You think no more about the young man. Your mind and time are 
 occupied with other matters. Weeks pass and suddenly, Mr. Layson, 
 the Sheriff of your county comes with a warrant for your arrest. 
 Maybe you say you will give yourself up as did Jim Howard. May be 
 you say that the Courts and politics and money and prejudice and 
 everything else is against you and that you will stand no show to 
 get a fair trial, and that you decide not to go. The Sheriff arrests 
 you on a warrant charging you with furnishing money to the young 
 man, and lodges you in jail. You are carried before the Courts for 
 trial. You find that the sentiments of the people are greatly aroused 
 because of your alleged offense. They hate liquor in all its forms, 
 and try to prevent it from contaminating the lives of the youths of 
 the country. It is a fact that the young man got drunk soon after 
 you came in contact with him. They charge you with furnishing him 
 the money with which to get drunk. You were seen talking with 
 him a while before he did get drunk. 
 
 The country says that any man who will strike a fatal blow at the 
 very foundation of society and our homes by giving our youths whiskey 
 
shall be severely dealt with. The newspapers of the State jump on 
 you as soon as you are arrested. The politicians of the country, seeing 
 an opportunity to ride into office on the indignation of the people by 
 denouncing you, have been proclaiming your infamy from every cross- 
 roads in the land. Your case is called for trial. You are a liquor 
 man. You find that you are to be tried exclusively by Prohibitionists. 
 The Judge is- a strong Prohibitionist. The prosecuting^attorney and 
 officers of the Court are opposed to your liquor views, and the whole 
 country has been taught to hate you, not because of what you have 
 committed, but because of what you are alleged to have committed. 
 Your trial begins. The prosecution puts the young man on the wit- 
 ness stand. He testifies that you had a private talk with him as you 
 came here to Georgetown, and that while you did pot exactly loan 
 him the money with which to get the whiskey, that you left the saloon 
 door open and told him to help himself, and that he did enter the 
 sialoon, at your instance, a;hd get drunk. This closes the calse against 
 you. It is your time now to be heard. You put Mr. Booth on the stand 
 and he testifies that as you and he came to town to serve as jurors- 
 in' this case that you did have a talk with this young man on the 
 streets of Georgetown, and that after you had a talk with him that 
 you did come to him and ask him to also have a talk with the young 
 man. 
 
 Mr. Booth testifies that he did go, in pursuance to your advice, 
 and have a talk with the young man, and that he advise^ him not to 
 drink whiskey. He testified further that while he was talking with 
 him that you, Mr. Layson, did come up and enter into a conversation 
 between the young man and him, and that you did say to the young 
 man that it will never do to drink. This is the testimony of Mr. 
 Booth. He testified further that after your services as jurors were 
 over, in this case, that both of you started to your homei^and that you 
 both again came in contact with this same young man. Mr. Booth 
 testified that you came to him again and asked him to go and talk to 
 this young man and advise him not to drink, and he testifies further 
 that the young man promised him that he would not drink. 
 
 You go on the stand, Mr. Layson, in your own behalf, and you 
 testify to substantially what Mr. Booth testified to; you say that the 
 young man did not want to borrow from you some money with which 
 to buy whiskey and that you did not loan it to him, nor did you tell 
 him to go into the saloon and get it. You tell the jury, under your 
 oath, that you did call Mr. Booth to come and to talk to the young 
 man and advise him not to drink. You say to this jury that you felt 
 that you were doing your Christian duty and your duty as a citizen. 
 You tell the jury that you both passed on and left the young man and 
 came on to this Court and were detained here as a juror to try this- 
 case and that when the trial was over and you were discharged from 
 
78 
 
 jury service that you again advised him not to drink. You testify 
 further that you again called on Mr. Booth to talk to this young man 
 and ad'vise him to abstain from the ii^e of all intoxicants. You say 
 further that it is true that your are a farmer and that you raise corn 
 and rye to sell and you testify that it is further true that the more 
 whiskey that is consumed the higher will be the price of your corn 
 and rye, but that you were advising the young man in good faith not 
 to drink. Ycu testify further that you are a citizen of this county, 
 and that you wanted it to be pure in morals, true in religion, loftier 
 in its ideals or right and wrong. You testified that you would not, 
 under any state of case, attempt to undermine the foundation stones 
 of society and of your country for the paltry sum of a few dollars 
 and cents, and" yt)u would not, Mr. Layson. This closes the case for 
 the defense. 
 
 The attorneys for the prosecution address the jury against you. 
 They allege that if you did advise the young man not to drink or go 
 into saloons that you did not mean it; that you had corn and rye; that 
 the more whiskey is consumed, the greater will be the price of your 
 corn and rye, and that is the thing in which you are interested. The 
 testimony of the attorneys, Mr. Layson, is the only thing against you, 
 and when the speeches are all over the jury retires to the jury room 
 here. They are not in there long enough to read the indictment until 
 a tap is heard on the door. They enter and a verdict comes: "We, the 
 jury, find the defendant guilty and fix his punishment at hard labor 
 for a period of his natural life, in the penitentiary in this State." 
 
 My God! Mr. Layson. What emotions would fill your breast when 
 you heard the verdict read. Read by your fellow-men; read by twelve 
 citizens of your own State, and that, too, Mr. Layson, when you knew 
 that you were innocent of the charge; when you know that you did 
 all that was required of you as a citizen to your country, and gave 
 the young man the very best advice known to your head or heart. 
 You did> more; you called your neighbor and had him advise him. 
 You not only did what the morals of your country require, but you 
 went further; you did more than that. You fulfilled the Biblical 
 injunction, that if your brother errs, or is about to err, to put him in 
 the right, and for that fatherly and country-saving advice you have 
 been branded as an enemy to your country and as a foe to mankind; 
 as a dangerous element to our citizenship. What would you think of a 
 State that would so mistreat you? When perils come to our country, 
 when our flag is endangered, the country calls upon you to defend it; 
 neither your property nor your life is spared in its defense and when 
 perils come r you, Mr. Layson, as in this case I have supposed, instead 
 of the State and country using its strong arm to defend you, it uses 
 all of itsi resources tO' oppress you. What would you think of it, Mr. 
 Layson? The country that will not defend its defenders is a disgrace 
 
79 
 
 to the world, and its flag a filthy rag that befouls the air through 
 which it waves. 
 
 I ask you, Mr. Layson, how does your conduct differ in the case 
 I have -supposed from mine in dealing with Henry Youtsey? I saw 
 the young man in my office. I do not know how came him there. He 
 was in the reception room without authority or permission from any 
 one, so far as I know, and as far as has been proven in this case. If 
 he would go to one place without permission, he would go to another 
 without permission He did got there without permission. That 
 testimony is not contradicted by any testimony on the part of the 
 prosecution. I saw him in the office with a gun. I went into my office. 
 I went there; I had a right to go; went where my duty called me. I 
 found him there. He had a gun. I asked him what he was doing with 
 it. What should I have asked him? And when he did not give me the 
 satisfaction I demanded, I went to get some one to talk to him who 
 was better acqauinted with him than I was. I advised him for the 
 best, as you did the young man, Mr. Layson, who wanted the money 
 to buy the whiskey. I gave him the best advice I had. So did you in 
 the case I have supposed. I could have talked to him myself and 
 have let him have gone his way. So could you with the young man 
 who wanted the whiskey. You thought it best to have some one else 
 to talk to him, and you did have it done. If you had advised the 
 young man to have gotten drunk and loaned him the money for that 
 purpose, the prosecuting officer would have said: "Of course he is 
 guilty. He says he loaned him the money for that purpose." And 
 when you show that you not only did not loan him the money, but 
 advised him not to drink, and prove it by Mr. Booth, then they say 
 you are playing a double part; that you did not mean. it. It is be 
 damned if you do and be damned if you don't. And with me it is be 
 damned if you do and be damned if you don't. 
 
 Gentlement, I am a citizen of this State, and I should be treated as 
 such, whether I am a Republican or a Democrat. Whether I was bom 
 in the hills or in the plains. I am entitled to justice at the hands of 
 my fellow citizens. I am a citizen of thisi country, and citizenship 
 not only means that a man should be obedient to the law and have 
 due regard for the rights of others, promote the welfare and well- 
 being of our neighbors and in times of peril give our property and 
 our lives for our country. Citzenship means more than that, gentle- 
 men; it means that this country shall protect us in all the rights of 
 citizenship, which the constitution of this country guarantees to us. 
 It would be a poor country, indeed, that has the right to demand of its- 
 citizens their property and their lives in times of its own perils and 
 when perils come to onie of its own citizens, to turn its back upon 
 him, and even lends a hand in his oppression. I am entitled to a fair 
 trial, gentlemen; I am entitled to justice at your hands. 
 
80 
 
 If testimony can be believed; if reason can be relied upon, I was 
 not in a conspiracy with Henry E. Youtsey. Then, gentlemen, I am 
 not guilty of that with which I am charged. I did not know Holland 
 Whittaker; I did not procure him to murder Mr. Goebel. I did not 
 know Dick Combs; I could not have procured him to have murdered 
 Mr. Groebel. I did not know Jim Howard; I had no communication 
 with him; I, therefore, could not have procured him to have killed 
 Mr. Goebel. The unknown man is no more. As an actual quantity, 
 he is no more. The prosecution, by their present theory, has elimi- 
 nated the unknown man from this case. I, therefore, did not con- 
 spire with, or procure, any unknown man to have killed Mr. Goebel. 
 
 Then, men, how can I be guilty under this indictment? How can 
 you find me guilty? You cannot; you will not. With all the testi- 
 mony of all the star witnesses swearing for money and immunity, 
 there is no testimony against me in this case except circumstantial 
 testimony, that characfer of testimony that always, or often, lies, and' 
 is always unreliable. Col. Campbell said in his opening argument 
 that so far as he is individually concerned, he would as soon convict 
 me on circumstantial testimony as on any other class of testimony. 
 Why, the whole world knows that circumstantial testimony is the 
 most dangerous and the most unreliable sort of testimony that can 
 be introduced in a Court of justice. 
 
 Let me illustrate the uncertainty and unreliability of circum- 
 etantial testimony by a story I read once. The story is like this: A 
 few years ago, up in a "Vermont town, in Crittenden county, there hap- 
 pened a very strange case. There lived in the suburbs of the quiet 
 little village a rich old bachelor. He had devoted his life to the 
 making of money and had" retired from an active business life to 
 enjoy it in his own way. It was in everybody's mouth that he kept 
 close about him, in his costly mansion, a vast deal of money. He 
 kept within his palatial dwelling but one negro servant to attend hia 
 wantS' and needs. There they lived in solitude. It was after mid- 
 night on one cold and bleak November day that the neighbors were 
 aroused by the firing of pistols in the costly mansion. Fearing foul 
 play, they rushed to the scene of the tragedy, for such it was. They 
 found eveiT window in the house locked and the doors barred and 
 bolted. They heard groans on the inside of the house. They knew 
 that the trouble was within. They bursted the front door down and 
 entered. They swept across the spacious hallway and rushed up on 
 the second floor of the building to find, in the room always occupied 
 by the old man, a sad scene. The white hairs of the old man welter- 
 ing his own blood. His brains bespattered the floor, the walls and 
 windows of his own ro©m. A bullet had entered his forehead; he was 
 dead and his pistol lay grasped in his right hand. It had been dis- 
 charged in the affray; it was pointed towards Ike doer cf his own 
 
81 
 
 room. Nearer the door of his room lay his colored servant, shot in 
 face and head. It was foum: that the bullet hole in the head of the 
 colored servant v^^as exactly ol the same caliber as that of the pistol 
 fired by the master. This helped fo confirm. the story, if it needed 
 confirmation, that the servant was shot by his master while attempt- 
 ing to rob him. The negro was not dead, but paralyzed by the blow. 
 He was moaning and muttering inaudible sounds. His landlord's 
 watch and jewelry lay near his hands, and a pistol that had been dis- 
 charged twice lay near him to help tell the story of the old man's 
 murder. It was several days before the negro servant was able to 
 talk. During that time, public opinion had been formed. The 
 negro'S' in sensibility prevented him from being mobbed without judge 
 or jury. Everybody said that he had tried to rob his master and in 
 the attempt had killed him. There was no other explanation of it. 
 They were the only two in the house. The doors and windows were 
 all barred and bolted when the neighbors gathered upon the scene. 
 There the old man lay; the negro was shot in the room of the old man 
 and had the jewelry of his master near his hands. As soon as the 
 negro gained consciousness, he vainly pleaded his innocence. He said 
 that he was not guilty. His protestations could not save him. He 
 was indicted and was given a speedy hearing. The trial proceeded. 
 He was convicted. He was convicted before the trial began. Public 
 sentiment had convicted him. The jury brought in a verdict of guilty 
 and said that his life should pay the penalty for his crime. Gentlemen, 
 what if you had been on the jury, what would you have done? What 
 would your verdict have been? The poor, helpless prisoner pleaded his 
 innocence. 
 
 What if I had been found shot and Goebel dead at the Capitol 
 Hotel, in Frankfort, under these circumstances, and that I had said 
 that I went there to see him on some business, what would your ver- 
 dict have been? What would it have been in the case of the colored 
 servant? The poor prisoner pleaded his innocence. That was the 
 only thing he had on his side. He was no guilty, gentlemen. But his 
 innocence did not save him. He was hanged. 
 
 And, by and by, the great searchlight, "Time," was turned in 
 upon events. By and by the great unraveler of all mysteries began to 
 solve this problem. The negro was dead: he had been judicially 
 murdered; the jury had' taken from him that which they could not 
 give back to him — his life. It was beyond human power to restore, 
 when the woi'ld knew that he was not guilty. On his deathbed a 
 a noted crock confessed to the murder of the old man, and told the 
 circumstances surrounding it. A few months before the occurrenc, he 
 had come to the quiet Tittle village, as a day laborer. He had learned 
 from the gossip of the towns ppople the reputed wealth of the old 
 bachelor. He determinedi to have his means. On the evening of the 
 
82 
 
 murder, a dark and cloudy day in November, he had slipped by stealk 
 up the quiet lawn, under the somber timber and into the wide hallway 
 and into one of its dark and neglected alcoves. There he remained 
 until late evening came, dragging behind it the drapery of night. H« 
 was. unobserved, as the house was a large and spacious one, with few- 
 occupants — only two. The doors and windows of the old home had 
 been -barred and )Dolted by the faithful old_.coolred servant upon the 
 apprcKLch of night, as had long been his custom. He went to his room 
 thinking of no harm to his old master, whom he had so faithfully 
 served, and for whom he had at all times been ready to give up his 
 life. When the dead hours of night drug their heavy forms along, 
 when innocent humanity was locked in the arms of refreshing sleep, 
 the burglar stole from his place of secret hiding, wound his course 
 up the still stairway to the room of his victim. He crept into apart- 
 ments owned by another, in search of gold, and found the white 
 head of an old man lying upon a pillow of easy repose. He began to 
 search for his jewelry and gold. The wakeful hours of old age was 
 soon doisturbed. The burglar demanded the toil of his years, or his life. 
 The enocunter soon began. Pistols were fired in quick succession. 
 The faithful old colored man rushed to the scene of the diflaculty, just 
 in time to receive the shot of his master and fell, groaning, to the 
 floor. The burglar dropped the jewelry he had gotten, fired a parting 
 shot, dropped his pistol, and fled. The old man fell lifeless to the 
 floor. The burglar returned to his secret hiding place unharmed. The 
 neighbors battered down the front door and swept up to the room to 
 the tragedy. In the hurry and excitement of the hour, the real mur- 
 derer passed out unnoticed and went his way, uncailght, unsuspected 
 and unharmed. 
 
 Gentlemen, the history of this world is full of such examples. 
 And so our law-makers, in their wisdom, have said that before you 
 caji take a man's life or his liberty for life on circumstantial proof, 
 the evidence intro'duced by the Ccmmonwealth must be such that 
 the crime cannot be accounted for on any other hypothesis than the 
 guilt cf the accused. • 
 
 Dreyfus was sent to Devil's Island on circumstantial testimony and 
 perjured proof. The judiciary of France is disgraced forever on account 
 of it. On circumstantial testimcBv, Samuel Arnold, an innocent man, 
 was sent to Di-y Tortugas for life fcr alleged complicity in the assas- 
 sination of Abraham Lincoln. Dr. ? '.;dd met a similar fate. On circum- 
 stantial testimony and perjured prc.< f, Mrs. Suratt, an innocent woman, 
 was hung for alleged coirplicit:. '" the assassination of Abraham 
 Lincoln. America will never c:,'?- /e it. Beware, men, of circum- 
 stantial testimony. R is untn.;-: -crthy; it misleads; it lies; it 
 deceives. 
 
83 
 
 MILITARY CONSPIRACY. 
 
 If I did not procure some one of the five named principals to 
 murder Senator Gcebel, I could not be guilty, although there was a 
 great, deal of hot blood at Frankfort and elsewhere over the State 
 during the contest, and, although the mountain crowd came to Frank- 
 fort, and although the militia was called out. But since there has 
 been so much said on these subjects, even during this trial, 
 a discussion of them may not be amiss, and we will now 
 come to a discussion of the military. I have tried, gentle- 
 men, to take up the various claims of the prosecution and 
 group the testimony bearing upon their claim that we might more 
 clearly understand what foundation there is for such a claim. You 
 know the prosecution has always said that the bringing of the moun- 
 tain men to Frankfort was one part of the conspiracy to kill Senator 
 Goebel. It is the claim of the Commonwealth that the militia was 
 a part of the alleged conspiracy to kill Senator Goebel; that the part 
 it was to play was to protect the men after they had done the work 
 of killing Senator Goebel; that it was to protect the criminal, or crimi- 
 nals, after the shot was fired from arrest or from violence; that that 
 was the part to be played by the military; and that it played that 
 part. This is the claim of the prosecution. All this evidence intro- 
 duced by the Commonwealth to show that no one was allowed to 
 pass into the Executive building after the shooting; all this testimony 
 about the placing of guards at the gates of the Capitol square and 
 doors of the Capital building; and all this testimony about requiring 
 passes before any one could be admitted to the grounds, was for the 
 purpose of showing that any one not friendly to the act of assassination, 
 or those who indorsed that act, was not permitted to pass into the 
 grounds. And all this evidence about keeping men at the arsenal 
 for months before the killing of Senator Goebel, is for the purpose of 
 showing that Taylor and Collier and others had in view the killing of 
 Senator Goebel, and that they wanted the military to be ready to 
 run down to the State House and protect those who were in the killing 
 after it was done. 
 
 I do not think that I have misstated the claims of the prosecution. 
 Those engaged in the prosecution are in that claim like they are in 
 others that they have made, they are either right or wreng. And if 
 the militia was a part of any plan to kill Senator Goebel, th'e testi- 
 mony ought to disclose the fact, and so far as I am individually co«- 
 cerned, gentlemen, I have never fully understood the force of the 
 argument on the part of the prosecution that I should be convieted 
 for the murder of Senator Goebel, if the military were used in con- 
 nection with Senator Goebel's taking off. I was not a military offleer. 
 I didn't order out the military after Senator Goetel wae killed; I had 
 ao connection with the military in any way; I have had no coniie«tixMi 
 
84 
 
 with Gen. Collier, Col. Dickson', Col. Mengel or Col. Gray, who did 
 have charge of the military, and if, as a matter of fact, the military 
 Were used, as is alleged by the prosecution, I cannot understand why 
 that I should be held responsible for its use. 
 
 But, gentlemen, was the military so used? What does the evidence 
 disclose? There are a number of witnesses both on th part of the 
 defense and the prosecution' who testify that at least a part of the 
 military company was kept at the arsenal from the November election 
 »o^ '99 until Senator Goebel was killed; and there are a number of 
 "w'itQe&ses who testify that the militia came to the State House from 
 within eight to fifteen minutes after Senator Goebel had been shot, 
 while the witnesses for the defense say that it was from twenty to 
 thirty-five minutes after Senator Goebel had been shot before the 
 ■arrival of the military on the State House Square. And there are a 
 number of witnesses who give various versions as to why the militia 
 was called out at all, and the condition of affairs that existed at the 
 time that they were called out. It is claimed by the prosecution that 
 the militia was called out to protect the guilty from arrest. It is 
 ■claimed by the defense that the militia was called to protect the build- 
 ings and the occupants from mob violence. Let us look into those 
 claims', gentlemen. 
 
 You remember that McKenzie Todd was formerly one of the 
 witnesses for the prosecution; he was in the reception room at the time 
 the shot was fired. He told you that there was great excitement after 
 the fatal shot had been fired; and that he, for one, was so afraid of 
 mob violence that he actually left his post of duty and sought safety 
 in flight. He told you that he left the Executive building and went 
 to the home of Capt. John Davis. 
 
 George L. Barnes was another witness in this case who was in 
 the Executive building at the time the shot was fired. He tells you 
 that he went immediately to the door of the Executive building and 
 that he saw Mr. Bill Jett, John E. Miles and others on the State 
 House yard and heard them saythat the thing to do was to blow up 
 the Executive building and murder all of its occupants. He told you, 
 too, that there was a great deal of excitement and a great many 
 threats made against the occupants of the building. 
 
 R. N. Miller was an occupant of the reception room at the time 
 the shot was fired. He said that the clerks were all excited. "Every- 
 body was asking what was the matter. The people began to gather 
 out in the streets; word was strated, I don't know how, that they 
 were going to mob the inmates." 
 
 Capt. Steve Sharpe, that gallant ex-Confederate, told you that 
 the street in front of the Capital building was filled with a threatening 
 and excited mob; that he went to the Executive building and tendered 
 his services to Gov. Taylor for the purpose of preventing mob violence 
 
85 
 
 to the occupants of the building if possible; and that he, at the in^ 
 stance of Gov. Taylor, gathered together as many men and guns as 
 he could find for that purpose, and did station them in the Executive 
 building in order to prevent the threatened and threatening violence. 
 
 Capt. Delia Walcott told you of threats to hang Taylor and all the 
 Republican oflScials. Chief Justice Jas. H. Hazlerigg and others told 
 you of an excited crowd being in the stretts. George Barnes told you 
 that some of them had guns. 
 
 DANGER OF MOB VIOLENCE. 
 
 If there had been no testimony to the effect that there was great 
 excitement and danger of mob violence you gentlemen would know 
 that from your experience. The wildest excitement prevailed and the 
 danger of mob violence was imminent. It is a matter of current 
 history with which all are familiar that Senator Blackburn and others, 
 three days after Goebel had been shot, in a card to the Democrats 
 of the State, pleaded with them not to resort to mob violence. 
 
 Now, gentlemen, from the evidence in this case, can you decide 
 that the militia was a part of any conspiracy to murder Senator 
 Goebel? The only evidence introduced on the part of the prosecution 
 was to the effect that soldiers were kept at the arsenal; that they 
 were there for months before the assassination of Senator Goebel, and 
 that they were on the State House Square after the killing within eight 
 to fifteen minutes, while the defense has proved to you beyond all 
 question that the "all right" telegrams had no connection with the 
 killing of Senator Goebel. Gen. Collier and Col. Grey and' Col. Mengel 
 all testify that the "all right" telegrams were arranged between them 
 on the 11th of January for Col. Grey and Col. Mengel, of the First 
 Kentucky Regiment, to bring their regiment to Frankfort in the event 
 of any disturbance of the public peace upoc the receipt of the tele- 
 gram "all right." These three witnesses are not contradicted by a 
 single witness on that point. 
 
 Mr. Todd, Mr. Miller, Mr. Barnes and Mr. Walcutt and others tell 
 you that there was great excitement at the time Senator Goebel was 
 killed and that threats were made to mob the occupants of the Exe- 
 cutive building and to blow up same. Miller and Shepherd told you 
 that Capt. Davis took an order from Gov. Taylor to Gen. Collier to call 
 out the militia for the purpose, as the order expressed it, to prevent 
 the desctruction of property and the loss, of human life. Collier tells 
 you that he received that order. He tells you that he sent John Per- 
 kins up 'to the arsenal to tell Capt. "Walcutt to bring a portion of his 
 soldiers to the State House and to leave a part of them there to pro- 
 tect the arsenal. 
 
 But why leave them there to protect the arsenal, gentlemen? 
 It is the claim of the prosecution that the company was kept at the 
 arsenal to be in readiness to protect those who were in the murder 
 
86 
 
 of Senator Goebel. It has been the claim of the defense that they 
 were kept there to protect the property of the arsenal and for the 
 purpose of suppressing any disturbance that might occur in Frankfort, 
 the storm center of political excitement at that time. When Senator 
 Goebel was killed, part of the men was kept at the arsenal for the pur- 
 pose of protecting the property and another part was taken to the 
 State House to quell any riot that might be organized. 
 
 If the militia was kept at the arsenal for the purpose of assist- 
 ing in the assassination of Senator Goebel, as is claimed by the prose- 
 cution., why were soldiers kept on guard duty at night at the arsenal 
 for months' before Senator Goeebel was killed? Why keep soldiers 
 on guard at night at all? Nobody will contend that soldiers could be 
 used in the night time for the purpose of protecting the assassins of 
 Senator Goebel from arrest. Then why was there walking sentinels 
 guarding the arsenal at night time? There could have been but one 
 object, and that to protect the property of the arsenal from seizure as 
 is claimed by the defense. There can be no doubt but that the arsenal 
 was guarded in the night time by three reliefs of soldiers. Julian 
 Kersey, a Commonwealth's witness told you that. Then the claim 
 on the part of the defense that the soldiers were kept at the arsenal 
 for the purpose of protecting the property is proven by witnesses for 
 the Commonwealth. Now what about the other part of the claim of 
 the defense that they were kept ihere to suppress any disorder that 
 might arise and that they were called out immediately after the shoot- 
 ing of Senator Goebel for the purpose of protecting the occupants 
 and the attachees of the Capital buildings from mob violence. Let us 
 see. Sam Shepherd told you that immediately after the shot was 
 fired, he advised Taylor to call out the troops. Taylor, in his deposi- 
 tion' told you that he issued such orders. R. N. Miller told you that 
 Capt. John Davis carried those orders to Gen. Collier. Gen. Collier 
 told you that he received these orders and that he sent John Perkins 
 to the arsenal with orders to bring a part of the military company 
 stationed there to the State House grounds. 
 
 John Perkins tells you that iie carried those orders from Gen. 
 Collier to Capt. Walcutt. Collier and John Perkins both tell you that 
 Sienator Goebel had been carried out of the State House grounds be- 
 fore he left the State House to deliver the message. Capt. Walcutt 
 tells you that he received the message at the hands of John Perkins, 
 the janitor, and that they took a number of soldiers that had been 
 ordered out to the State House grounds and stationed them at the 
 various gates and at the entrance to the various public buildings occu- 
 pied by the Republican officials. 
 
 There is a difference in time as to when the company at the arsen- 
 al reached the State House grounds. The prosecution attempted to 
 make it appear that the company at the arsenal had received its or- 
 
87 
 
 ders to be in readiness to march to the State House grounds and pro- 
 tect those, who they claim, were concerned in the killing of Goebel, 
 before the shot had ever been fired; but there is no evidence upon that 
 point, gentlemen, and if the prosecution is right in their contention 
 that the military company at the arsenal knew that Senator Goebel 
 was going to be killed before he fas killed, and was there in readiness 
 to march to the State House grounds for the purpose of protecting 
 those committing the murder, then those men in that military com- 
 pany, too, gentlemen, are guilty of the awful crime of murder; and I 
 ask you, Mr. Franklin, why it is that these thirty men comprising the 
 military company who were stationed at the arsenal at that time have 
 not been indicted for complicity in the murder? 
 
 They live in Franklin county, the county of your home. 
 They are within a few hundred yards of your residence, and if they 
 had knowledge that Senator Goebel was going to be killed, and did, as 
 a matter of fact, go to protect those who did the killing, they are as 
 guilty in- the eyes of the law as the man firing the shot, and why have 
 they not been apprehended and convicted? 
 
 That they have not is proof positive to my mind that so far as the 
 militia at the arsenal is concerned, Mr. Franklin and these gentlemen, 
 do not believe that they had aught to do with the killing of Senator 
 Goebel. And if the prosecution is right that the militia was to be 
 used for the purpose of protecting those who were guilty of the murder 
 of Senator Goebel, from violence or arrest, then those who^so used 
 the militia should be held accountablee for their conduct. If one of 
 the vast throng of men who are here in the Court-house, should step 
 down on the street of Georgetown and kill a man, it would not be 
 fair or just, gentlemen, for you or I to be taken up and tried for the 
 offense, and let the man who did the killing go free. 
 WHY NOT INDICT OTHERS? 
 
 If the militia was used for the purpose of protecting the one who 
 killed Senator Goebel from arrest or from violence, then General 
 Dan Collier, Col. J. K. Dixon, Col. C. C. Mengel and Col. Gray 
 used the militia for that purpose. Collier was the Adjutant General 
 of the State. He was in supreme command of all the forces of the 
 State, subject to the orders of the Chief Executive. Collier ordered 
 the militia from the arsenal to the State House after the killing of 
 Senator Goebel, and got the troops on the ground, according to these 
 gentlemen, from with ten to fifteen minutes after the shooting. Collier 
 sent out telegrams all over the State to the various military com- 
 panies to come to Frankfort at once. In fact, the whole of the militia 
 of the State was called out. He bad arranged with Col. Gray and 
 Ccl. Mengel of Louisville for them to bring all their forces, the trooi)S, 
 ammunition, arms and men upon the receipt of the telegram "All 
 rigbt." Ccl. Mengel tells you that Col. Gray and Gen. Collier met hjm 
 
in Leuisville and arranged with him what "all right" meant and what 
 he should do upon the receipt of such telegram. Then, of course, 
 gentlemen, Col. Mengel and Col. Gray were also in the conspiracy to 
 kill Senator Goebel, if the militia formed a part of that conspiracy, 
 as these gentlemen claim. There is no escape from that conclusion. 
 
 I have had nothing to do with the militia. I was not a military 
 officer. And there is no proof in this record that I ever had aught to 
 do with the militia, except the bringing of the mountain men to Frank- 
 fort and a part of them were men who belonged to the military com- 
 pany, but this was five days before Senator Goebel was killed, and 
 the great mass of these men had gone back to their homes. I had 
 nothing to do with the men at the arsenal. I had nothing to do with 
 the ordering out of the troops. I took no part in the assembling of 
 the men after the killing of Senator Goebel to the State House Square. 
 Then if that was a part of the conspiracy to kill Senator Goebel, it 
 waS' a part of the conspiracy with which I had nothing to do, and it 
 was a part of the conspiracy, if a conspiracy it was, with which Gen. 
 Collier, J. K. Dixon, Col. C. C. Mengel and Col. Gray did have to do. 
 Not only those men, gentlemen, but every man who brought his mili- 
 tary company to Frankfort to be used for that purpose. 
 
 Then, if the militia was a part of the conspiracy to kill Senator 
 Goebel, then I ask you why, Mr. Franklin, you have not indicted those 
 who had charge of the militia? Also the men at the arsenal? If the 
 use of the militia was a part of the plan by which the murder of Sena- 
 tor Goebel was to be accomplished, then I ask you why have you not 
 indicted the militia? Why have you not indicted General Collier 
 and Col. Gray and Col. Dixon and Col. Mengel? I ask you 
 why, Mr. Franklin. I -want you not only to tell this jury why, but I 
 ask you to tell this country why. Tell us why, Mr. Franklin, tell us 
 why. I had nothing to do with the militia. And if the use of the mili- 
 tia was a part of a plan to accomplish the murder of Senator Goebel, 
 then I had nothing to do with that part. Then why did' you indict me 
 and let Gen. Collier and these other gentlemen escape? If these men 
 were in a conspiracy to kill Senator Goebel then they ought to be pun- 
 ished. Col. Dixon has walked the streets of Frankfort much from the 
 day cf the killing of Senator Goebel until this good day, living as your 
 neighbor, sir, in your very town; he is living there now. As an honest 
 man and an honest officer, why have you not apprehended and pun- 
 ished him, if he is guilty of the murder of Senator Goebel? Gen. 
 Collier has tcid you time and time again that if you wanted him, he- 
 would.' come to you, and save you any trouble in sending after him. 
 If the militia were a part of a conspiracy to kill Senator Goebel, why 
 have you not indicted him? Why have you not indicted Col. Gray and 
 Col. Mengel? Will any one contend, seriously, that the soldiers were 
 kept in the arsenal at Frankfort before the November election for 
 
89 
 
 the purpose of killing Mr. Goebel before it was known who was elected 
 or who defeated; or kept there for the puropse of protecting those 
 to be engaged in killing off enough Republicans in the General Assem- 
 bly to give the Democrats a majority, when it was not known that 
 they would have a majority? 
 
 By your own conduct, there are only one of the two conclusions 
 that can be drawn. The militia was either not a part of the con- 
 spiracy, or you, Mr. Franklin, have sat idly and unconcernedly by and 
 witnessed vile conspirators murder one of your party associates, stalk 
 over this land undisturbed by those whose sworn duty it is to prose- 
 cute them. 
 
 It is no answer to say that you will do it in the future. You 
 know that the law in this State is that conspirators to commit murder 
 can be inxiicted in any county in the State in which any part of the 
 plan to murder was consummated. If the bringing of the mountain 
 men to Frankfort was a part of the conspiracy to murder Senator 
 Goebel, then the men who came to Frankfort could have been indicted 
 in any county through which they came. They could have been in- 
 dicted in Fayette county, or in Madison county, or in the county of 
 Clark, or in any of those counties. If the militia were a part of the 
 conspiracy then Gray and Mengel could have been indicted in Louis- 
 ville. Or they could have been indicted in Franklin county and you 
 could have sent the cases to Bourbon and Woodford and Owen and 
 the the adjoining judicial districts for trial. You have had terms 
 of court upon terms of court in Franklin and Scott counties, in which 
 to have tried them. Then you have confessed by your own conduct 
 that the militia formed no part of the conspiracy to kill Senator 
 Goebel; and if it did, gentlemen, I had nothing to do with the militia 
 and should not be held responsible for the acts of seme one else. 
 
 You have not indicted the military oflBcers and the conclusion 
 must, therefore, be reached that the militia was not used by anybody 
 for the purpose of protecting the one, or ones, repscnsible for the 
 killing of Senator Goebel. 
 
 PROPER USES OF MILITARY. 
 
 Why iS' there such a thing as the militia of the State? What 
 should it be used for? Ycu read of the militia being called out to 
 protect human life here, and human life there; called out to prevent 
 the destruction of property; called out to suppress riot and prevent 
 bloodshed, that is what the militia is for gentlemen. That is the reason 
 that ycu pay taxes to pay the salary of these gentlemen, who have 
 charge of the militia of the State, its equipments and expenses. 
 
 The defense claims that the State had been in a fever of ex- 
 citement for many months. The defense claims that in every city, in 
 every town, in every community and at every cross-roads of the 
 Commonwealth that the people were stirred to their very depths. The 
 
90 
 
 claim of the defense is that even before the killing of Senator Goebel 
 that there had not existed such bitter feeling between neighbor and 
 neighbor and between friend and friend since the late war as existed 
 In this State prior to and following the killing of Senator Goebel. Our 
 claim is, gentlemen, that the intensity of the feeling was such that it 
 divided homes of this country; that father and son would not 
 sleep under the same roof and that it divided and separated congrega- 
 tion and pastor. Partners in business dissolved partnership. That 
 Is our claim. We say that neighbor was arrayed against neighbor; 
 and that wherever men, met whose political opinions were not the 
 same that there was always danger of an outburst. That the whole 
 of Kentucky was like a powder house, ready to explode at any time 
 and upon the least provocation. Our claim is that Frankfort was the 
 storm center of all the angry passions of the State; that there the 
 excitement was the greatest and the antagonism the sharpest; that 
 there bitter feeling was the highest ;that there were two forces, one 
 on the one side threatening to take forcible possession of the offices, 
 and one on the other side saying that they should not do that. Every- 
 iDody knows how near civil strife in the State, civil war in the State, 
 was averted. 
 
 Our contention, is, gentlemen, that it was the duty of those who 
 liad charge of the militia of the State, to keep it in readiness' at all 
 times, to quell any disturbance that might arise. It was as much the 
 duty of the militia to quell a disturbance that might have arisen be- 
 tween the two political forces at Frankfort, as it was to have stopped 
 .»ny other disturbance that might have arisen anywhere else in the 
 State. 
 
 And if Taylor and Collier and others called out the militia for the 
 -purpose of keeping down mob violence as they claim, it was cer- 
 tainly the duty of the men who had been placed to guard the gates, 
 the doors and the entrances, to not let any one pass through the lines 
 •without a permit. You go to any camp of soldiers and you will find 
 the whole guarded by walking sentinels, and all who enter must know 
 the countersign, or have a written permit from the commanding 
 officer. Any other arrangement would not be military. Go to West 
 Point, go to Fort Thomas, go to the encampment of the State Guards 
 of this State, and' you will find that they all do it. In every war that 
 this country has ever had, there was never a regiment of men, there 
 was never a soldier camp that was not guarded in this way from the 
 enemy, if it was well managed from a military point of view. 
 
 That was what was done at Frankfort. The Commonwealth claims 
 that the square was barricaded for the purpose of protecting the as- 
 sassin from arrest, while the defence claims that it was for the pur- 
 pose of preventing mob violence. So far as I am individually con- 
 cerned, gentlemen, I do not know why it was done. I was not a 
 
91 
 
 party to it, I had nothing to do with it; I am not responsible for it. 
 But if the evidence and reason can be relied upon, the militia was 
 called out to protect the occupants of the executive building from 
 mob violence. Taylor did not do- what I would have done. After the 
 militia had been thrown around the State House yard I would not 
 have let anybody, either in or out, until I had sent for some intimate 
 friend of Senator Goebel and discussed with him the best means- of 
 bringing to justice the guilty; and I would have let as many city 
 officials as there were in Frankfort, have had admission to those 
 grounds, and would have rendered them every service within my 
 power to have determined who the guilty were and helped to bring 
 about their arrest. 
 
 SOUGHT TO FIND ASSASSIN. 
 After I got back to Frankfort from Louisville, I did what I could 
 to investigate it. I sent J. B. Mathews, at my own expense, to Louis- 
 ville to see Miss Weist, to see if she knew anything about the killing. 
 Youtsey's conduct aroused my suspicion. I knew that her office joined 
 his at the time of the tragedy. I learned that she was in her office. 
 I wanted to see what she knew. I told Grant Roberts and the tw« 
 Sweeney boys, who worked in the same office with . Youtsey, to fifid 
 out all they could about his conduct and report to me. Would I have 
 done that if I had been implicated with Henry Youtsey in the murder 
 of Mr. Goebel? I toldi McKenzie Todd that I wanted a full investigation 
 of the case. This was before I was arrested, and when suspicion rested 
 upon my office. I told him the same after I was arrested. I told 
 Mathews I wanted a full and complete investigation of the murder of 
 Senator Goebel. I employed J. B. Mathews to run the assassin down. 
 He tried it. He wanted assistance. He told ,George Hemphill and 
 myself in my office before my arrest that Detective T. L. Griffin, of 
 Somerset, was a trustworthy and reliable detective; that he would let 
 the facts remain where he found them; that he would expose the guilty, 
 and in so doing would shield and save the innocent. I agreed for 
 Griffin to be called in. He was called in and put to work on the case. 
 This was before my arrest; but after it was being claimed that the 
 fatal shot came from my office. Griffin was told that I would try to 
 get the Louisville defense committee, through my attorneys, to set 
 apart a portion of the defense fund with which to pay for detective 
 service. This was not accomplished, and Griffin was told to go ahead 
 with his investigations and unearth the guilty, if possible, andfor his 
 services rely, upon the reward offered by the Commonwealth for the 
 conviction of the guilty. Griffin promised to do this. I had' no money 
 of my own with which to employ him. I did what I could to expose 
 the guilty. I advised with Judge Yost and Gov. Bradley about going 
 to the prosecution and telling them what I had found out and offer 
 my assistance, but I was advised that I would be misunderstood. 
 
92 
 
 Tajior did not do what you would have done. He might have 
 acted differently in a cooler moment, and he might not. I do not 
 know anything about that, but if he did wrong, in that, or any other 
 particular, am I to suffer for the wrongs of others? Am I to be held 
 responsible for sor-C otiier man's ill judgment? Keep this one point 
 in view, gentlemen; remember that I was not a military officer, and 
 that there is no proof whatever in this whole record that tends to show 
 that I had aught to do with he militia. I brought some of the com- 
 panies of citizens from Eastern Kentucky, five aays before the killing' 
 of Senator Goebe, but those had gone heme and I did not have the 
 remotest thing to do with surrounding the State House Square with 
 the militia after the killing of Senator Goebel, and, herefore, gentle- 
 men, could not have. had the praise, if it was right; nor the blame, if 
 it was wrong. 
 
 But there is one thing, gentlemen, that must convince all sober- 
 minded men that the surrounding of the State House with militia, after 
 the shooting of Senator Goebel; the telegrams "all right," and the 
 calling out of the militia after the killing of Senator Goebel, was no 
 part of a conspiracy to murder him. You remember that Col. Gray 
 and Gen. Collier met and had a conference about the telegrams "all 
 right;" at any rate, Col. Gray understood what to do when he received 
 the telegrams "all right," and that was to take his men to Frankfort 
 at cnce with all equipments. He did that. 
 
 Then, if the calling cut of the militia, after the killing of Senator 
 Goebel, was a part of the plan to kill Senator Goebel, then Col. Gray 
 was into that and understood the plan and acted in concert with the 
 other military officers in getting the militia to Frankfort, and in re- 
 sponse to the telegram, "all right." Then Col. Gray must have been 
 a party to that part of the conspiracy. Col. Gray was, and is, so far as 
 I know, a Democrat. He was one of Mr. Goebel's supporters. Then, 
 you are asking us to believe that one of his own political friends 
 entered into a plot to bring about his death. 
 
 That, gentlemen, is not reasonable. The idea of any set of men 
 taking a Goebel Democrat into a conspiracy to murder Goebel. This 
 is proof positive, to my mind, gentlemen, that the militia formed no 
 part of a plan to kill Senator Goebel. The fact that Col. Gray is a 
 Goebel Democrat and the fact that Mr. Franklin has not indicted 
 Collier and Dixon and Gray and Mengel and these other men who had 
 charge of the militia is convincing evidence, to my mind, that Mr. 
 Franklin does not believe that the use of the militia formed any part 
 of a plan or plot to kill Senator Goebel, or he would have certainly 
 indicted these men and have brought them to justice. 
 
 And for whatever purpose the militia may have been used, I had 
 nothing to do with the militia. Will you convict me for the deeds of 
 others? No; you will not. You surely cannot. I beseech you to never 
 
93 
 
 let it be recorded in the pages of Kentucky history, a State whose rec- 
 ord is already black enough with crime, that a jury of that State, in 
 the morning of this new century, the best century in all this world's 
 history, with all the achievements of the mighty past thrown at our 
 feet, with all the deeds of noble manhood and splendid womanhood 
 to light our paih to duty — let it be said, gentlemen, that in response 
 to the wild clamor for revenge on the part of interested detectives, 
 known perjurers, and blatant partisans, you were induced to rob a 
 young Kentuckian of his good name, put the stripes of a felon around 
 his limbs and hurry him off to a living death for life. And all this, 
 gentlemen, with the eyes of a civilized world looking on. 
 TRIAL WILL LIVE IN HISTORY. 
 
 This trial, gentlemen, is not merely of to-day. It will live as long 
 as our State's doings are read. This trial is not over when this jury 
 is dismissed and you start for your homes. So far as my individual 
 liberty is concerned, that will have been settled. But at its conclusion 
 will begin the trial of you, gentlemen, and this court, before the great 
 bar of public opinion. Yea, that trial has already begun. And ulti- 
 mately, gentlemen, the integrity of the courts of our State and their 
 reputation for fair dealing will be determined in accordance with the 
 merits of the case. The public, yea posterity, may have its deflections 
 here and there in arriving at just conclusions; prejudice may, for a 
 while, blind* the eyes of men; temporary interests may for a time warp 
 their sensibilities and distort their judgment, but in the end their 
 judgment will be clarified, and a just and impartial conclusion will be 
 reached concerning the merits of this controversy. 
 
 If you do not know the right of it; if you are not able to see the 
 right of it; if you cannot be satisfied beyond all doubt that I am guilty, 
 it is your duty, under the law and under your oaths, to give me my' 
 liberty. You have sworn that you would do that. You cannot know 
 that I am guilty, because I am not, and you cannot know it. And' in 
 this state of uncertainty, where everybody is wanting to know the 
 truth and where nobody seems to know it, had you not rather be able 
 to say in the future: "If I erred at all, it was upon the side of mercy 
 and humanity." You would take pride in saying that all the days of 
 your life. Your friends would take pride in saying it of you. They 
 might be disappointed for the time. I know full well the prejudice that 
 exists in this case. But that feeling is rapidly giving away and bye 
 and bye those who have been most cruel and vindictive will be remem- 
 bered by their neighbors as being men who will not do to trust to do 
 the right thing, when pressure is brought to bear upon them. When hu- 
 man life and human liberty are at stake, men should be careful not to 
 be influenced by any consideration other than the guilt or innocence of 
 the accused, and they should know that he is guilty before they lay 
 hands upon his liberty or his freedom. 
 
94 
 
 Gov. Crittenden, in speaking of what care and caution jurors 
 should use when human liberty and human life was at stake, and ho\r 
 sure they should be that the defendant was guilty before they bring 
 in a verdict of guilty, addressed a jury thus: But upon the other hand, 
 if you should feel that there ought to have been a verdict of guilty, 
 your conscience will be easily satisfied. You will say: If I erred, it 
 was upon the side of mercy, thank God; I incurred no hazard of coh- 
 demning a man who might have been Innocent. How different the 
 memory from that which may come at any calm moment, by day or 
 night, knocking at the door of your heart, and reminding you that ia 
 a case where you were doubtful, by your verdict, you sent an innocent 
 man to disgrace and to death. Oh! gentlemen, pronounce no such 
 verdict. I beseech you not to do it, except on the most clear and cer- 
 tain and solid grounds. If you err, for your own sake, as well as for 
 that of the defendant, keep on the side of humanity and save him from 
 such a dishonorable fate; preserve yourselves from so bitter a memory. 
 It will not do, then, to plead to your consciences any subtle techni- 
 calities and nice logic; such cunning of the mind will never satisfy the 
 heart of an honest man. The case must be one that speaks for itself; 
 that requires no reasoning; that, without argument, appeals to the 
 understanding aad strikes conviction to the very heart. Unless it 
 does that, you abuse yourselves, abuse your consciences, and irrevo- 
 cably wrong your fellow-man by pronouncing him guilty. It is life, 
 it is blood with which you have to deal, and beware that you peril 
 not your peace. 
 
 These are the words of one of Kentucky's greatest Governors; 
 one of Kentucky's greatest Democrats; one of Kentucky's greatest 
 men. He says that the cas<e must be one that speaks for itself. One 
 that requires no reasonings and no argument, but strikes conviction 
 to the very heart. He says that unless it does this that you abuse 
 yourselves and your conscience and irrevocably wrong your fellow- 
 man, by pronouncing a verdict of guilty. Oh, my God! Is this case 
 such an one that strikes conviction into your heart without argument? 
 He says that it is life. It Is blood with which you have to deal, and 
 beware that you Imperil not your own peace. 
 
 This occasion will soon fly by; these prosecutions will soon come 
 to an end. Wliatever the verdict in this case, the affairs of this great 
 worldi will still go on, and if the Democratic party in this State; if 
 the prosecution in this case; if the brothers of Senator Goebel really 
 want to try Gov. Taylor for alleged complicity In the murder of their 
 brother, they will soon have that opportunity if you will do justice 
 in this case. As soon as I am acquitted, as I deserve to be, Taylor will 
 fee surrendered for trial by the Indiana authorities. If you want to 
 try him In these courts, instead of me, you have that opportunity. I 
 tkink I know whereof I apeak. 
 
95 
 
 But, leaving out of consideration the question of policy and expe- 
 diecy, justice demands that I be given my liberty. I implore you,, 
 gentlemen, to do the right thing in this case. Your days on earth 
 may not be many. I beg of you not to ruin both yours and mine. The 
 Almighty seems to have been on the wake of those who have been 
 doing wrong in these cases. At any rate, gentlemen, whatever may 
 have been the cause of it ,those who have been most vindictive have 
 met with misfortune. 
 
 They ask you to rob me of the brightest jewel of my life — my good 
 name, my honor, ab, even of my life itself. Your faces, gentlemen, tell 
 me that you will never do it. It was not enough to take my office from 
 me, break me up and reduce me to poverty and want. But they throw 
 me in chains and brand me as a red-handed murderer for resisting, 
 in a legitimate way, the taking of my office. They brand me as a felon 
 for doing that which any honest man on earth would have done. They 
 have not done right by me, gentlemen. It is wrong; it is cruel; it is 
 barbarous; it is an awful crime against myself and a brutal and 
 dangerous stab at our courts of justice and our country's honor. 
 A RETROSPECTIVE VIEW. 
 
 Let us now take up the claim on the part of the prosecution that 
 the bringing of the mountain crowd to Frankfort constituted a part 
 of the conspiracy to murder William Goebel. 
 
 In order for you, getntlemen, to understand fully my motives in 
 bringing that crowd to Frankfort, you must put yourselves in my place. 
 The best rule I have ever discovered, gentlemen, to know whether or 
 not I have been wronged or insulted or mistreated by anybody, if I am 
 in doubt about it, is to put myself in his place and surround myself 
 by that which surrounds him, and see what I would have done under 
 like circumstances. And that is the intention of the law, gentlemen, 
 in the trial of those accused. It is the duty of the jury to put them- 
 selves, as nearly as possible, in the place of the accused, when he is 
 supposed to have committed the crime with which he is charged. I 
 ask you to do that in this case. 
 
 Over three years have elapsed, gentlemen, since the crime was 
 committed with which I am charged. It would be unfair to me for you 
 gentlemen, who are here In the quietude of this little city, where the 
 strifes and turmoils of three yeans ago, are not now felt, and scarcely 
 realized, to try me from the jury box here. I ask you to go with me 
 back to those happy days and put yourself in my place. 
 
 Suppose, Mr. W,yatt, you had been elected to the ofllce of Secretary 
 of State, as I was elected. Suppose that you had spent months in try- 
 ing to get the nomination; sdippose that after you had spent much 
 time and money. You finally succeeded in getting the nomination at 
 th« hands of your party; suppose that after you had been nominated 
 that you entered upon a hard canvass for the election; suppose that 
 
90 
 
 after many months of trying labor you were finally elected to the high 
 office of Secretary of State; suppose that the Republican party of the 
 State had the election machinery of the State in its hands; suppose 
 they had passed a law and had it on the statute books of the State, 
 whereby the Legislature had the power to appoint a State Board of 
 three Election Commissioners ,and suppose that the State Board of 
 Election Commissioners had the power to appoint a County Board of 
 Election Commissioners in every county in the State, and suppose that 
 County Board had the power to appoint the election officers in every 
 voting precinct in this Sate; suppose that the three State Election 
 Commissioners! all affiliated with the Republican party and that the 
 law which gave them their being, gave them the power to appoint all 
 three of the Election Commissioners in each county from the same 
 political party. 
 
 Suppose that the members of the County Board and the three 
 members of the State Board were clothed with ministerial as well as 
 the judicial powers. In other words, that they not only Lad the right 
 to tabulate the returns of the election and to issue the certificate of 
 election to whomsoever they desired to have the office, but that they 
 sat as a court to try all contested cases. In other words, if they 
 had issued the ecrtificate of election to your Republican opponent, 
 they would then, under the law which had been framed, sit as a court 
 to decide whether they had done the rihgt thing or the wrong thing, 
 when they issued your Republican opponent the certificate of election. 
 Suppose that the precinct election officers and various county boards 
 did on divers occasions throw out the legal votes which you had re- 
 ceived; suppose that several precincts over the State had been con- 
 tested by your Republican opponent on first one flimsy pretext after 
 another, and that the election officers had refused to count that vote; 
 suppose that several whole counties had been contested where you 
 had received a large majority over your opponent, and that the county 
 boards had refused to count the votes of these counties, alleging that 
 the votes had been cast on ballots, too thick, or too thin. 
 
 Suppose that when the matter came up for decision before the 
 State Board of Election Commissioners, all three of whom were parti- 
 san Republicans, but two of whom were lawyers and honest men, de- 
 cided that they were only acting then in their ministerial capactiy, and 
 that it was their duty, under the law, their politics notwithsanding, 
 to give the certificate of election to yourself and the rest of your 
 Democratic colleagues on the Democratic ticket. Suppose that a 
 majority of the Board did do that and that you ^^ere regularly and 
 legally installed into office. Suppose that your Republican opponent 
 was not satisfied with that, but declared' his intention of still prose- 
 cuting the contest. Suppose that the two Republicans who had decided 
 for you, in order to get out of the unpleasant predicament in which 
 
97 
 
 they were placed, resigned their positions and left the one member 
 who remained, and who had decided against you, to appoint two other 
 members to act with him in the decision of the contest. Suppose that 
 he appointed two Republicans, whom he knew would decide with Mm, 
 and against you; suppose he declared his intention of doing that very- 
 thing; and that one of the men whom he appointed declared, through 
 the public press, his position on the matter before it came before 
 him as judge, and' that he said in substance that he would decide for 
 the Republicans when it came to him. Suppose that these two men 
 appointed a third member equally partisan; suppose that the trial 
 came up before these three gentlemen; that you file an affidavit stating 
 that they would not give you a fair trial, and that you did not want 
 them to try your case. Suppose that they said in response to that, 
 that there was no law whereby you could swear them off the bench, 
 and that they proposed to try your case; that the law under which they 
 were serving gave them the right to decide your case, notwithstanding 
 the fact that they had already virtually said that they would decide 
 your case against yoH. 
 
 Suppose the very law that gave them the right to so act upon your 
 case, over your objection and your protest, said in plain words that 
 the decision of .the men who refused to be sworn off the bench and 
 who had already expressed themselves in your case, should be final 
 and conclusive. In other words, when th.ey decided against you, which 
 they were declaring that they would do, that you could not take your 
 case to any other court for relief; that their decision settled it; that 
 it was a peculiar court; that it differed from he Circuit Court in that, 
 if it decided against you, you could not carry your case to a higher 
 court for relief. That in that particular it had privileges denied the 
 Circuit Court. That it was a higher court than the Court of Appeals, 
 in that the Court of Appeals could not review its findings; that 
 its decisions were too sacred to be touched by human hands. Suppose 
 they should say: It does not matter what we decide, that settles It. 
 We have the power to throw out the votes of one county in the State, 
 if we want to. We can throw out two, if we like, and' that still is 
 our business. 
 
 A PERSONAL ILLUSTRATION. 
 
 Suppose, Mr. Wyatt, that you, as a Democrat, received 75,000 
 naajority over your Republican opponent and that the State Board of 
 Election Commissioners were declaring it to be their intention to 
 throw out the votes of the county of Scott, and the county of Grant, 
 and the county of Franklin and the county of Owen and the county of 
 Henry, which gave you a majority. They would not touch the vote of 
 Knox County, although the some grounds existed for not counting the 
 vote of that county, as existed and for not counting the votes of Scott 
 and Grant and other counties. Suppose that it had been in their power 
 
9S 
 
 to have thrown out the vote of every county in this State that gare a 
 Democrat majority. Then it would have been in the power of those 
 three Republicans to have absolutely controlled the' distribution of 
 the offices of this State, the vote of the people to the contrary not- 
 withstanding. 
 
 Suppose that these three Republican Commissioners were under 
 no bond to discharge their duty. Suppose that you were unable, by 
 reason of the lew under which they were serving, to bring a civil suit 
 for damages. Suppose that there was no law to punish them criminally 
 for the basest and most fragrant violation of their sworn duty. 
 
 Suppose that, in addition to that, gentlemen, that the Capitol of 
 this State was at Barboursville, Knox county, my home. Suppose that 
 these three Republican Commissioners were sitting there in the heart 
 of that Republican stronghold. You would expect to find all the town 
 authorities and officials Republicans, all of the police of the town 
 Republicans. Suppose that the contest of your case was going on 
 under these conditions. 
 
 What would you have done, Mr. Mitchell? You would have been 
 elected to one of the highest offices of the State by the great Demo- 
 cratic party. You have been commissioned by a majority of a Repub- 
 lican returning board to go to Barbourville to take charge of the office 
 to which you had been elected. Two Republican Commissioners had 
 given you your seat and you were there discharging, as best you could, 
 the dnties of that office. The Republicans, after it had been given to 
 you, were declaring it to be their purpose to take the office from you, 
 and were proceeding to do it under the conditions which I have de- 
 scribed. You were chosen by the Democrats of the State to look after 
 their interests. The Republicans were threatening to overturn th© 
 voice of the people. They were declaring it to be their purpose to 
 make slaves of the people of the Democratic party; slaves so far as 
 the right to vote, and have their vote counted as cast, were concerned. 
 You had been elected; you were their representative; they were look- 
 ing to you and the other members of the ticket to protect and uphold 
 their rights of citizenship. 
 
 Now, what would you have done, gentlemen, under a state of case 
 of that sort? You would have had to have done something. The law 
 that the Republicans enacted for the purpose of robbing you, was on 
 th© statute books. Under that law, they had their officers serving. 
 Under it, they were empowered to take your office from you; and from 
 whose decision, the law itself said, that there was no appeal to any 
 court in the land for relief. 
 
 I ask you what you would have done, Mr. Engle? Would you have 
 crept quietly out of the town of Barbourville on the first train, gon« 
 to your home and said to your mother with trembling lips: "Thos« 
 Republicans have contested the election of my office; they are threat- 
 
•ninff to take it from me; there is a great deal of excitement up there; 
 I a,m afraid I am going to be hurt; I wish you would tuck me quietly 
 to rest in my little baby bed, where I can sleep and rest and where 
 no harm can befall me, and let me there remain until this, excitement 
 la OTer. I am my mother's dear little boy, and I must not be in any 
 place where danger might befall me." 
 
 Would you have done that, Mr. Engle? You would hare been 
 compelled to have done something. You either had to stand your 
 ground and contend and fight, if necessary, for the right and liberty 
 of your people or you would had to have to thrown up the white flog 
 and surrendered. What would you have done, gentlemen? You know 
 what you would have done, and so would I. There is not a man of you 
 but what would have stood your ground. You, Mr. Wyatt, with your 
 whit© locks and ' matured and ripened judgment, would have nailed 
 your integrity high in the heavens and would have stood your ground 
 until the last drop of your blood was drunk up by the soil of your 
 State, You know that you would. You know that you would not 
 hare run to your home and, from that quiet and restful and undis- 
 turbed retreat, watched the proceedings from a distance. 
 
 Would you not have come to your home people, to the people of 
 Scott, Woodford, Henry, Owen and Bourbon counties and asked them 
 to hare gone with you up to Barbourville and there, by petition and 
 protest and remonstrance, begged those in power not to disfranchise 
 yourselves and your countrymen, when such conduct on the part was 
 endorsed and sanctioned by the leaders of your party? You might not 
 hare taken your guns along, but more than likely you would, if you 
 had been going to the heart of Republicanism in this State. More 
 than likely you would, if you knew those among whom you were to 
 zo were armed to the teeth. 
 
 If you had not tried to have aroused the people to protest; if you 
 had not tried to have influenced, by petition, those who held the fate 
 of your ofiice and the liberty of the people of your State in their hands, 
 I ask you to tell me what you would have done? Would you have sat 
 tamely around on the streets of Barboursville and have said that it 
 looks like they are going to rob us; folded up your arms and sighed 
 sighed over what you were about to lose? Or would you have, by 
 eyery legitimate means in your power, tried to preserve, intact. The 
 liberties of the people and keep off the fair name of your State the 
 •tigma of the robbery of the dearest right of Kentucky's freemen? 
 
 Gentlemen, that Is what I tried to do in all good faith. What 
 was left to the people to do but to petition and remonstrate? What 
 could they do but plead with those in power not to take from them 
 their dearest rights and most valued privileges? I did go to the 
 mountains, gentlemen, and I brought the men down there. I felt that 
 I was doing my duty to my State. I did not know but what similar 
 
100 
 
 expeditions might come from other parts of the State. I did not 
 know but what the voice of the people might be heeded, if that Toice 
 could be raised sufficiently loud in protest. 
 
 ACTED IN GOOD FAITH. 
 
 It was as natural for me to have gone to the mountains to get 
 men as it would have been for you men to have come to the counties 
 of Scott, and Woodford, and Bourbon, the counties of your home. I 
 did not dream of a conspiracy to murder Mr. Goebel. If I had wanted 
 to have killed him, what would I have wanted to have brought 1,000 
 men to Frankfort with which to have done it? If the presence of 
 mountain people in Frankfort was necessary to the death of Mr. Goe- 
 bel, why did I not have him killed with the first crowd I brought to 
 Frankfort? The testimony is in that record, gentlemen, that I brought 
 some 300 or 400 men to Frankfort when the Election Commissioners 
 were passing upon the question as to whom belonged the certificate 
 of election. For what purpose did they come to Frankfort, gentle- 
 men? If the last crowd was brought to Frankfort for the purpose of 
 killing Mr Goebel, as these men claim, why was it necessary to have 
 brought the third crowd to Frankfort before doing the work? There 
 were 300 or 400 men in Frankfort from the mountains soon after these 
 contests were first instituted. That was more mountain men in 
 Frankfort than there were in Frankfort at the time Senator Goebel 
 was killed. If the presence of mountain men was necessary for the 
 killing of Senator Goebel, why was he not killed at that time? What 
 sense was there in bringing these mountain men to Frankfort for the 
 purpose of killing Mr. Goebel? And the second crowd came from the 
 12th to 17th of January. There' were some 150 of them — as many as 
 were in, Frankfort at the time Senator Goebel was killed. 
 
 Why bring these men to Frankfort and let them go away, if it 
 was the purpose to have some one of them to kill Senator Goebel, or 
 to protect the men in the building after it was done? Answer me that. 
 If I had been- base enough to have had Senator Goebel killed at all, 
 I was base enough at the time the first crowd of men came to Frank- 
 fort and I could have had him killed at that time, I suppose, as easily 
 as I could have had him killed later. If a mountain crowd was brought 
 there for that purpose, as is claimed, tell me why it was ever neces- 
 sary to bring more than one. Why was the first crowd of 400 men per- 
 mitted to come to Frankfort and go away without doing the work? 
 Tell me that, gentlemen. Why was the second crowd ever permitted 
 to come to Frankfort and return to their hames without doing the 
 work? Tell me that. 
 
 If I could have gotten some member of the last crowd to have 
 done it, I see no reason why I could not have gotten some member 
 of the first or second crowd to have done it, just as easy. Do you 
 
101 
 
 see any reason why I could not 'have done It, gentlemen; could not 
 have done it just as easy? 
 
 The first crowd was brought there for the purpose of showing 
 the interest the people had felt in the subject matter concerning which 
 these commissioners had to deal. Judge Pryor and Capt. Ellis were 
 honorable men. They both had been elevated by the people to posi- 
 tions of trust and honor; the people had confidence in them, and 
 whether they decided that we had been legally elected because it was 
 a fact, and out of deference to the will of the people expressed at the 
 polls, or whether they did it as a cold, unsympathizing proposition of 
 law, or whether they did it because it was right, and because the 
 people were demanding fair play, we may never know; at any rate, the, 
 people did come to Frankfort at that time and the fact remains that 
 the decision of that board was in harmony with the wishes and views 
 of the people who came to Frankfort from the mountains when that 
 canvassing board was in session. 
 
 We believed that their coming to Frankfort had had a good effect, 
 and if one crowd had a good effect, why not another crowd have also 
 a good effect when they came on the same or similar mission? The 
 first crowd of people came to Frankfort solely for the moral effect; so 
 did the third. Do you suppose, for one moment, gentlemen, that I 
 would have brought 1,000 men to Frankfort if it had been my purpose 
 to have Senator Goebel killed? They claim that these men were all 
 conspirators. Do you suppose that I would have taken into my con- 
 fidence 1,000 conspirators? Would I have held a meeting in the 
 Agricultural office for the purpose of having murder committed with 
 men who nad never before seen each other? Would 1 have given out 
 money in such large sums so publicly and so promiscuously? Would 
 I have taken receipts for the money and: from so many people? Would 
 I have left behind me written evidences that I had entered into a con- 
 spiracy to kill and' murder? 
 
 But these men say that my bringing to Frankfort of this large 
 crowd of people constituted a conspiracy to murder Senator Goebel 
 and the Legislature. A conspiracy, and a thousand people in a con- 
 spiracy! Do you think I woul go to the mountains of Kentucky and 
 take a thousand people into my bosom and make them conspirators 
 with me? You never heard of a conspiracy of that character, where 
 the taking of human life was inteded. The bringing of that mountain 
 crowd may have been an indiscreet thing. I want to be perfectly fair 
 with you; but, so far as the conspiracy is concerned, you know you 
 would not take a thousand people into your confidence and make them 
 conspirators with you. Do you suppose that if that meeting in the 
 Agricultural office had been a meeting of conspirators, that Culton would 
 have had to been introduced to Van Zant; they had never seen each other 
 before; or Van Zant would have had to been introduced to Hamp IJow- 
 
102 
 
 ard ; they had never seen each other before, and that they would enter 
 into a conspiracy with themselves and me for the purpose of 
 taking a man's life. That is unreasonable, and the prosecution has to 
 admit it. They complain loudly that it is a conspiracy, but when you 
 get down to the bed-rock of truth, they admit it was not a conspiracy. 
 There were eight members of that meeting, and out of that eight 
 members but three have been indicted. If the Agricultural meeting 
 wa& a meeting of conspirators, why indict but three of the eight. If 
 it had been a conspiracy, Mr. Franklin, you would have indicted the 
 last one of the people. You know it, and I know it, and the whole 
 country knows it, and you have confessed, by your failure to indict 
 them, that it was not a conspiracy. Do you believe I would have 
 *given out $1,000 on that occasion and have taken written receipts for 
 it, leaving beBind me written evidence of the fact that I had entered 
 into a conspiracy then and there to bring about the death of my fellow- 
 man? Do you think I would have done that? Do you think I would 
 have left that meeting and gone out in the city of Frankfort and sent a 
 dozen tlegrams to people out in the country — Judge Bingham, 
 Supt. Siler, "Hop" Donaldson, Rice and others, telling them to meet'me 
 at London? What for? For the purpose of entering into a conspiracy? 
 If the meeting in the Agricultural office constitutes a conspiracy, cer- 
 tainly the meeting at London constitutes a conspiracy, because those 
 people met on exactly the same mission and for the purpose of carry- 
 ing out exactly the same purpose. At that time and place there met 
 Judge Bingham, Superintendent Siler, J. Hop Donaldson, Capt. Rice, 
 Early and others, and none of these people have been indicted by the 
 prosecution. Many of them were older men than I, and knew more about 
 men and affairs than I do. Then, if that meeting was a conspiracy, 
 these men should have been indicted. Do you believe that if that 
 meeting had been a conspiracy, I would have given out a lot more money 
 and taken written receipts for it, leaving behind me further evidence 
 of the fact that I had entered into a conspiracy to murder my fellow- 
 man? Do you believe I would have gone to Barboursville, Ky., and from 
 carrying arms openly, calling attention to the people all over the 
 world, that they had entered into a conspiracy to bring about 
 the death of their fellow-man, and that they wanted to give it all the 
 publicity possible? It is unreasonable. 
 
 If the bringing of the mountain crowd to Frankfort was a part 
 of a conspiracy, why have you not indicted Capt. Steve Sharp, who 
 presided at the meeting they held on the steps of the Capital of the 
 State? Why haven't you indicted Mr. Berry, Mr. Nazor, Judge Catron, 
 and others who were appointed a committee on resolutions at that 
 meeting, and presented them to the body for their consideration? 
 Why not indict some of the men of the Blue Grass who participated 
 in that meeting? 
 
103 
 
 If the idea had been, to take human life, do you suppose that I 
 would have had the men to have carried their arms openly and coma 
 on a special train and worn badges, and thereby warn the other side 
 that we were there and to get ready for us? Would we have notified 
 the other side of our coming, if we had intended to have killed them? 
 If it had been the purpose of the mountain men to have cleaned up the 
 Legislature, as Culton puts it, would it not have been far wiser to hare 
 brought only small arms? One pistol would be worth a dozen rifles In 
 a close fight like that. 
 
 WHAT GOOD COULD RESULT? 
 
 And what good would the cleaning up of the Legislature do me? 
 Would you have taken a crowd of your friends to have gone up to 
 Barbourville for the purpose of cleaning up the Legislature in the casa 
 I have supposed, when the members of the Legislature had nothing 
 to do with your office, and when the mere fact that you had killed a 
 member of the Legislature, or a 'Republican Governor, would make 
 the other Republicans who had charge of your contest decide against 
 you? It would have but one possible effect on your contest I have 
 supposed, and that, in the excitement of the hour, when the blood was 
 hot, to turn you out of your oflSce, whether your opponent had been 
 elected or not. 
 
 Dou you suppose that I would have brought a crowd of people 
 down to Frankfort for the purpose of killing Mr. Goebel, or the mem- 
 bers of the Legislature, when it could have had but one possible effect 
 on the office I was trying to hold, and that to deprive me of it, in the 
 excitement of the hour and to realiate against the outrage done in 
 killing members of the Legislature, or the contestant for Governor? 
 What if that crowd had gone up into the halls of the Legislature and 
 have killedi a dozen members of the Kentucky Legislature, as these 
 gentlemen allege was the purpose for which they were brought to 
 Frankfort? What effect would that have had on the office to which 
 I had bee nelected? Let us see. 
 
 Would not a storm of indignation have swept over this State? 
 Would not the people have stood aghast at such a procedure? Would 
 not the heart of every honest man in all this land, have beat with 
 indignation at such brutal and cowaraly atrocities? If the Republicans 
 had brought about such a catastrophe, would not the whole State hav© 
 said: "Yes, take their offices away from them; they are unworthy of 
 them?" Would not the people have demanded that if such a gang of 
 vultures, had been elevated to high official position, that they should be 
 taken from power before they have another opportunity to further dis- 
 gracing our State? Would not I have known that that would hare 
 been the result of such a thing as that? Would I not have known 
 
104 
 
 that such a course would have taken from me my office? Would I 
 have done that, when I was trying to hold it? 
 
 If I had been so constituted that I would have resorted to murder 
 in order to have held office, would I not have had Mr. Poyntz killed 
 when Prycr and Ellis resigned from office? Had he been dead, the 
 Governor, under the law, was the man who had the power to appoint 
 all three of the Board of Election Commissioners. Had Poyntz been 
 killed. Gov. Taylor would have appointed three members on the State 
 Board of Election Commissioners, and they would have decided that 
 I was elected, and that I was entitled to my office. That is the law 
 in this State. No well-informed man doubts it. 
 
 If I had wanted to kill anybody, in order to have held my office, 
 I would have killed somebody that would have done me some good. 
 Messrs. Prycr and Ellis resigned their office on the 22d day of Decem- 
 ber, 1S99, and Mr. Poyntz did not appoint anybody to fill their places 
 until some time afterward. If Mr. Poyntz had been killed within 
 that interval, the law is as plain as the noon-day sun, that Taylor had 
 the power to have appointed' three men to have composed the State 
 Board of Election Commissioners. He would have appointed three 
 Republicans. These three Republicans would have decided for us and 
 every State officer, from Lieutenant-Governor down, would have been 
 holding the offices at Frankfort to-day, and no power short of revolu- 
 tion could have prevented us from doing it. 
 
 If I had been willing to have committed murder to have held 
 office, would not common sense say to do it that way? But here you 
 have me charged with leading a conspiracy to commit murder that 
 couldi have but one effect on the office to which I was elected, and that 
 to take it from me. In one breath you say that I am a fool and in the 
 next breath you say that I am the brains of the alleged^ conspiracy, as 
 you have asserted. If I have sense enough to have been the brains 
 of one conspiracy, I have sense enough to have been the brains of 
 another. And, if I had been in the killing of anybody, I would have 
 been in that killing, that would* have helped Powers to have held his 
 office, and not in the one that would have been sure to have taken 
 it from him. Is this not common sense, gentlemen? Would I not have 
 procured my man and have sent him to where Mr. Poyntz was and 
 there have killed him? They say that I am an arch-conspirator and 
 murderer, and a fiend and an assassin. Why did I not do that, gentle- 
 men? And then have gotten a pardon for the man who did it and 
 one for myself before Gove. Taylor was ousted from office, and when 
 he had the legal right to pardon? 
 
 Why did I not commit murder that would profit me something? 
 Why would I commit murder that would take from me that for which 
 I was contending — my office? Ah, gentlemen, there is no conspiracy 
 in bringing those mountain men down to Frankfort. I had but one ob- 
 
105 
 
 ject, and only one, and that was to serve my State honorably; to repre- 
 sent faithfully those who entrusted me with power and office, with the 
 very best of my ability; to preserve to the legal voters of this State the 
 sacred right to vote for the candidates of their choice and have these 
 votes counted as cast; to hold the office to which I had been fairly 
 elected. My judgment may have been at fault, but my intentions were 
 honest. If a mistake it was, it was one of the head, and not one of 
 the heart. 
 
 When at Barbourville, in the meeting at the Anderson Hotel, when 
 Mr. Black suggested that it would be impossible to keep those men 
 quiet, and sober, aoja orderly, I agreed to put a man over each squad 
 for that purpose. %hen they got to the depot at Barbourville, Mr. 
 Trosper, Mr. Higgins and other witnesses told you that I went up and 
 down the depot and said to the men that they must not get drunk on 
 this trip, and that they must keep sober and orderly and conduct them- 
 selves in such a way as to cast no reflection on their end of the State. 
 Mr. Lockhart tcld you that I said to him that it would not be very 
 safe at Frankfort with a pistol, and it would not be very safe without 
 one; that I advised him not to get drunk, when he got to Frankfort, 
 and to keep off the streets; to keep sober, and to keep out of trouble. 
 Other witnesses tcld you that I went through the train twice from 
 Barbourville to Frankfort and cautioned the men that they must keep 
 out of trouble. Dees this look like the conduct of a conspirator, gen- 
 tlemen? These men were instructed to wear their badges. If they 
 were going on a mission of murder, would they be advertising it to 
 the whole world? 
 
 And when they got to Frankfort, what did they do? They stacked 
 their arms. They put them away. If murder had been their mission, 
 why put away their instruments of war? If they came down there 
 to have killed Senator Goebel, or members of the Senate, or 
 House cf Representatives, why did they not hold to their arms, and 
 use them for the purpose for which they were brought? The Legisla- 
 ture wasin session that day. Why did they not take their guns and 
 go up stairs and* say to the members of the Legislature: "We have 
 come to settle this contest." Why give thirty minutes in which to 
 settle it? According to these gentlemen, these mountaineers would 
 rather kill seme one than not. But Culton says that the Legislature 
 was given thirty minutes in which to settle the contest. Cecil says 
 fifteen minutes. Why did they not go up there and say: "Gentlemen, 
 we will give ycu thirty minutes to settle this contest;" and if they did 
 not settle it in thirty minutes, why did not they kill off enough Demo- 
 crats to make the Republican majority? That is whot Golden says 
 was the program.. The men were there; they had their guns there; 
 there was nothing to hinder them from carrying out the program, as 
 suggested by Golden, and Culton, and Cecil. 
 
106 
 
 The old, old adage, "Actions speak louder than words," is appli- 
 cable to this particular case. Culton said that they were coming 
 down there, and that they intended to give the Legislature thirty 
 minutes to settle the contest, and that if they did not do that, it was 
 his understanding that they intended to kill them. George S. Page, 
 who was a member of the same meeting, where I was supposed to 
 have made a remark of that kind to members of the meeting, testified 
 that he did not hear me say anything of the kind. T. C. Davison was 
 also a member of that meeting, and he said that 1 did not say any- 
 thing of the kind. George S. Page, H. H. Howard, H. S. Van Zant and 
 T. C. Davison said that they were members of the Agricultural ofiRce 
 meeting, and that I did not use the words attributed to me by either 
 Cultcn or Cecil, but that I told them and other members of the meet- 
 ing, to get good men to come to Frankfort for the purpose of petition- 
 ing the Legislature. 
 
 WHY DID THEY NOT KILL? 
 
 But the best proof of the pudding, is in the eating of it; and the 
 best proof of what the men came down to do is what they did. It is 
 confessed by everybody that there were enough to have carried out 
 our plan or anything that they might have determined upon. And 
 since there was nothing to have prevented them from giving the 
 Legislature thirty minutes to settle it, and if they did not do it, to 
 have killed the last one of them; and, since they did not kill any of 
 them; since they never tried to kill any of them, the conclusion is 
 inevitable that they either did not come down to Frankfort for the 
 purpose of killing the Legislature or giving them thirty minutes to 
 settle the contest, or they failed to carry out their plans when they 
 did come. There is no escape from that conclusion. 
 
 We have heard a great deal about the killing of members of the 
 Legislature in the Legislative hall, but we have heard noth' ."' about 
 a fight in the Senate, or killing members of the Senate. Rv>*, \vould 
 a fight in the Legislative hall effect Senator Goebel or other members 
 of the Senate? The two bodies are separate and distinct, and occupy 
 different apartments, and if it had been the idea to have killed Senator 
 Goebel in a brawl, the idea would have been, not to have a fight 
 in the House, but a fight in the Senate. If you wanted to kill the 
 proprietor of the Lancaster Hotel, here in Georgetown, in a fight, 
 would ycu go into the Wellington Hotel and there raise a fight? You 
 would go tO' the hotel whose owner you wanted to kill. If it had been 
 the idea to have killed Senator Goebel in a fight, the fight would have 
 been raised in the Senate; not in the House. That is common sense, 
 gentlemen. These gentlemen realized the force of that, and in their 
 effort to try to avoid the effect of such reasoning, they take the mor» 
 absurd and ridiculous position that the idea of the Republicans was 
 
107 
 
 to kill off enough Democrats to make a Republican majority. In other 
 words, instead of killing one man, to kill a dozen or two. 
 
 If a fight had occurred in the Legislative hall, what would have 
 been the result, aside from the one I have already referred to? Only 
 one; and that is, that a great many of the Republican members would 
 have been killed, as well as a great many Democratic members. And, 
 surely, the Republicans would not enter into arrangements whereby 
 their own members were to be killed, or any part of them? And all 
 this talk about a fight in either House, has either been lies, deliberately 
 sworn to, or those who talked it, are maniacs. 
 
 It is claimed that they wanted to kill the Senators and Representa- 
 tives, so that when they came to vote on the question as to whether 
 G-oebel or Taylor should hold the seat as Governor, that there would 
 be a majority for Taylor, and the way to get that majority was to kill 
 enough of the Democrats to give the Republicans a majority. I have 
 recently looked up just how the members stood politically. Counting 
 the independent Democrats, who voted with the Republicans upon 
 most measures, the Senate was Democratic by two votes, counting 
 the anti-Goebel Democrats with the Republicans. And the House was 
 Democratic by sixteen votes; so that on joint ballot, the Democrats 
 had a majority of 18 votes; then, nine of them would have to have 
 been killed) beiore the Republicans would have had a majority, and it 
 is safe to say that five Republicans would have been killed in the 
 operation; for it would hardly be expected that none of them would 
 be killed. 
 
 Then, gentlemen, is it not true that if there had been any arrange- 
 ment by which a row or fight was to have taken place in either the 
 House or the Senate for the purpose of killing enough Democratic 
 members to give the Republicans a majority on joint ballot, for the 
 purpose of out voting the Democrats and seating Gov. Taylor, we can- 
 not escape the conclusion that the Republicans must have been warned 
 of such a procedure on the part of their Republican friends, otherwise 
 they would have as likely to have been killed in such a brawl as the 
 Democratic members. 
 
 Excitement was extremely high; trouble was expected from the 
 country at large; and those at the storm-center of the wild excitement 
 that prevailed in the State were in daily dread that an outburst might 
 come, at any moment, and their lives be lost. It is wholly unreason- 
 able, gentlemen, that if there had been a movement on foot on the 
 part of any Republican or Republicans in Frankfort to have slaugh- 
 tered! a sufficient number of either the Democratic members of the 
 House or Senate to have given the Republicans a majority on joint 
 ballot — I say that it would be wholly unreasonable to contend that 
 the Republican members were not notified that such a catastrophe was 
 coming, and for them to be prepared to take care of their own lives. 
 
108 
 
 The prosecution says: "Yes, they were notified and that they were to 
 fall flat on the floor upon the firing of the first shot." Then, gentlemen, 
 if they were warned that such a movement was on foot, they became 
 a party to this alleged conspiracy. 
 
 Then, you have forty-two members of the House and eighteen 
 members of the Senate who were parties to this conspiracy, 
 if such there was, to bring about the death of Senator Goebel And 
 if they were in the conspiracy, Mr. Franklin, why have you not indicted 
 and convicted them? This county would like to know that. I fall at 
 your feet and beg for that little crown of information. 
 
 Again, no man will believe that all the Republican Senators and 
 Representatives would swear falsely if they were placed on the witness 
 stand in this case. And if there were any plans or arrangements by 
 which the Democratic members of either House were to be killed, 
 the Republican members would certainly know about it; and if you 
 believe in good faith, Mr. Franklin; if you have any faith, Mr. Camp- 
 bell, in your claim that there was such a conspiracy to murder your 
 law-makers of law-breakers, as the case may be, then why have you 
 not called these Republican members who must have known about 
 such a plot, to substantiate Golden and Culton and Youtsey, 
 et id om.ne genus, in their statements to that effect, when they cannot 
 be believed unless they are corroborated and that no one of them can- 
 not corroborate the other. Then, gentlemen, it is not only true that 
 Culton and Golden and Cecil & Co., are swearing to what they know to 
 be untrue, but it is plain, as the further fact, that the prosecution 
 knows that there was no such conspiracy to kill off enough Democrats 
 to make a Republican majority; such is the talk of a lunatic, an empty 
 worded idiot. 
 
 NO CRIME WAS COMMITTED. 
 
 But suppose, for the sake of argument, and that only, let us sup- 
 pose that the crowd did come down for the purpose of killing the 
 members of the Legislature. For the sake of argument, and for that 
 only, let us admit for the time being, that they did come down for 
 that purpose; suppose they came down for the purpose of blotting 
 Frankfort off the map; suppose they meant to overrun civil institu- 
 tions in this State and institute in their stead a reign of terror and 
 bloodshed. They never came for any such purpose, but suppose they 
 did, it is beyond dispute, beyond question, that they did' not carry 
 our the purpose for which they came, if they come on any such pur- 
 pose. They came to Frankfort; they were orderly; they petitioned 
 the Legislature; they went home; no hair on the head of a single man 
 was harmed. If they came to do violence or harm they did not do it. 
 That being true, there is no law to punish them for the intentions 
 which were never carried out. 
 
109 
 
 Let me illustrate. Suppose, Mr. Booth, that some one should go 
 to the home of one of yonr neighbors for the purpose of stealing one 
 of his horses; sxippose that after he got there he concluded that he 
 (vouldi not take the horses, and returned home^ leaving the horses of 
 your neighbor undisturbed and unharmed, would any one contend that 
 tie could be punished criminally for the intention he entertained, when 
 that intention was not carried out? Nobody woul contend that. There 
 is not a lawyer on the other side of this case who will slander his 
 professional reputation by asserting that the man could be legally 
 punished. And if the intention of the mountain men was to murder, 
 ds Culton claimed their intention was, it was not carried out. If some 
 man in this house had it in his heart to murder the stenographer here 
 when this Court adjourns; Court does adjourn, and he is not 
 harmed, there is no law to punish the man, whatever his intention 
 may have been, and however clearly they may have been established. 
 So you cannot punish a man for his intentions. And if the mountain 
 people did come to Frankfort for the purpose of giving the Legislature 
 thirty minutes to settle the contest, it is evident that tbey did not 
 carry out their intentions and, therefore, they could not be punished 
 for coming with these intentions. And it naturally follows that I could 
 not be legally punished for bringing the mountain people to Frank- 
 fort, it they did come on a mission of murder. 
 
 But, gentlemen, they came with no such intentions. From the 
 time they entered Frankfort on the morning of January 25th, until 
 they left it, on the evening of the same day, their conduct^ be- 
 spoke a peaceful mission. It is different matter, as you gentlemen 
 know, to control the conduct of everybody. Because one man should 
 disturb church services, are we to conclude that it is the desire 
 of all present, tuat the services be disturbed? Because some 
 one of the mountain men should get drunk and say rash things, as 
 Mr. Vreeland testifies that one did, are we to conclude, that all the 
 rest of the men endorse such statements? It would be as fair to say 
 that all th members of a church were glad, in their hearts, that the 
 services were broken up, as to say that all the mountain crowd en- 
 dorsed sentiment of violence. The way to judge the purpose of a 
 congregation at church; the purpose of a mass meeting; the purpose 
 of a public meeting, is to decide their purpose from what they do as 
 a body, and not from some wild saying of some irresponsible member. 
 Is that not true, gentlemen? How else can it be done? 
 
 Suppose that the people in this court house at this moment 
 should call up — the citizens of Georgetown — to express their views as 
 to whether or not a certain proposition should be enacted into a law 
 by the town authorities. Suppose some one introduces a resolution 
 declaring it to be the sense of the citizens of Georgetown here present 
 that the proposition should be enacted into a law, and the chairman 
 
110 
 
 of the meeting should say that the resolution is now open for dis- 
 cussion and some wild fanatic should arise and say: "Mr. Chairman, 
 I am a citizen of Scott County and a resident of the town of George- 
 town. I have helped to support your laws by my means for twenty 
 years. Lawlessness still exists; I am in favor of wiping out of exist- 
 ence, every law that has been enacted by the authorities of this town. 
 I am tired of law. I am in favor of not only that, but I want every 
 particle of law that governs the conduct of the people of this State, 
 whether common, municipal or statutory, immediately being ren- 
 dered void." He sits down. He has had his say. The people pay 
 no attention to his wild vaporings, but go ahead and say, by an 
 unanimous vote, that they are in favor of the proposed enactment 
 becoming a law for the government of the town. What would you 
 say was the intention of that meeting? Would you say that the citi- 
 zens were in favor of law or in favor of now law? How would you 
 judge? You would judge from what a majority of them did. 
 
 And if one of you gentlemen should be indicted for participating 
 in this mass meeting, for the offense of being opposed to law and order, 
 Mr. Franklin and these other gentlemen would say, in their appeals 
 to the jury, that you and all of you were scoundrels and lawless citi- 
 zens at heart; that you did not mean what you said when you voted 
 for the resolution for the purpose of having certain laws enacted for 
 the government of the people of the town. These gentlemen prose- 
 cuting you would say that you were doing it for the purpose of cover- 
 ing tip your real intentions. Is not that so, gentlemen? And when 
 some mountain man at Frankfort on the 25th of January, not a mem- 
 ber of the meeting, should happen to say some violent words, these 
 gentlemen immediately say that they gave utterance tO' to the real 
 intention of the coming of the mountain people. They say that those 
 people who were assembled in a peaceful manner and passed resolu- 
 tion, begging and pleading that their votes be counted as cast; 
 asking that our public servants not tarnish the fair name of our State 
 with the overthrow of the most sacred of all the rights of the people; 
 that it was a blatant mockery of their real purpose, and that they did 
 no mean it. 
 
 MOUNTAIN MEN ACTED IN THE OPEN. 
 
 The mountain people held that meeting on the 25th of January 
 when the noon-day sun was high in the heavens. There, in plain view 
 of all the people of Frankfort, on the public square of the State, and 
 on the threshold of the Capitol, witnessed by friends and foes alike. 
 Was that the conduct of conspirators to murder? Ah, gentlemen, con- 
 spiracies to kill and murder one's fellow-man are not formed or carried 
 out that way. I was never in a conspiracy, gentlemen, to do violence 
 to anybody; but from what I have seen and what I know of humanity, 
 
Ill 
 
 •onsplraoies are not framed in the open. The crimes that fill the annals 
 of this country are not done with humanity gazing on. Burglars make 
 their way to your home in the dead hours of night, when you and the 
 rest of humanity are supposed to be embraced in the sweet arms of 
 sleep. Thieves roam over the country and never lay hands on that 
 which is not theirs when mortal eyes are supposed to see them. 
 Rapists never select the crowded throughfares of our cities in which 
 to committ their fiendish crimes. Conspirators who seek the life of 
 their fellow-men do not hold public meetings in the blaze of the noon- 
 day sun, on the Capitol square of their State; in the midst of the 
 camp of their intended victims and in their very presence. 
 
 If the bringing of that mountain crowd was any part of a con- 
 spiracy to murder, and if I had a hand in it, I ought to be sent to 
 the asylum, and there, with raving maniacs as' boon companions, spend 
 the remainder of my days, in the charge of those whose duty it is to 
 care for the helpless in head. But these gentlemen claim, boch publicly 
 and privately, in Court and out, that I am not a fool. Then, if I am 
 not, credit me with more sense than to enter into a conspiracy to take 
 human life with a thousand other fellow-conspirators and in the midst 
 of a crowded city, with hundreds of those unfriendly to my cause look- 
 ing on, and in the very heart of the camp of my suppose victims. 
 
 The claim on the part of the Commonwealth that the bringing of 
 the mountain crowd to Frankfort constituted a part of the conspiracy 
 to kill Senator Goebel, is an evidence of the weakness of their own 
 position. The sober-minded part of the country repudiates such a 
 claim. The sense of the land says that could not be any part of a 
 conspiracy, and for the sake of your own reputations, gentlemen, you 
 had better abandon it. 
 
 There is not a witness in the whole of the record who testifies 
 that I ever had the remotest connection with any mountain man from 
 the 25th to the 30th of Janury, except Cecil; Cecil, the indicted mur- 
 derer, robber and rapist; Cecil, who had his alleged talk alone with 
 me; Cecil, who is swearing for and getting immunity; the saintly 
 Cecil, who refused, he says, offers of money for murder from Taylor, 
 but who stands indicted for the robbery of Mr. Colgan for $2,100. There 
 is no proof that I procured any of them or advised any of them or 
 tried to get any of them to kill William Goebel except the testimony 
 of the pious and godly Cecil. Wharton Golden himself said that I did 
 not have any talk with him after the large body went home. Culton 
 told you that he had no talk with me in reference to the men remain- 
 ing over at Frankfort or the work to be done by them; that he never 
 talked to me concerning the kiling of Goebel in his life. 
 
 And the hopes of the prosecution upon which they can base a 
 conviction is that the men came upon an unlawful mission, and while 
 thus engaged in that unlawful mission that Senator Goebel was killed. 
 
112 
 
 whicli claim you know, gentlemen, is unfounded from the fact that 
 the men had nearly all gone home and, that the others who remained 
 had- as much right to remain in the city of Frankfort as you or I. 
 And the court told you further, gentlemen, in the admission of testi- 
 mony to show threats on the part of the Democrats that they intended 
 to take forcible possession of the offices as soon as the Legislature 
 and the contest board passed upon same, that those men had a right 
 to remain on those grounds for the purpose of resisting any such 
 attempt. If some one should try to take forcible possession of your 
 home and throw you bodily out of it, you know that you would have 
 the right to resist any such an illegal attempt, and you know further 
 that you would have the right to call in your neiyhbors to help you 
 resist it. Those men had the right, gentlemen, to remain on those 
 grounds for that purpose, and that is why they did remain. The prose- 
 cution will not deny that they had the right to remain there for the 
 purpose of preventing or helping to prevent the Democrats or any- 
 body else from taking forcible possession of those offices. And nobody 
 clpms with any evidence to support it, that any one of these moun- 
 tain men who remained over at Frankfort on the 25th of January killed 
 or had anything to do with the killing of Senator Goebel. 
 
 Mr. Franklin did not believe, and does not now believe, that any 
 one of those men who remained over at Frankfort did the shooting 
 that resulted in the death of William Goebel; for when he came to 
 make the indictment against the men whom he claims killed Senator 
 Goebel, he did not include within it, a single mountain man who came 
 with the large crowd of mountain men, nor a single mountain man 
 who remained over after the great majority had returned to their 
 homes. And if no man who came with the mountain crowd killed 
 Senator Goebel, even if I did bring them for a million unlawful pur- 
 poses, how could I be held responsible for the deam of Senator Goe- 
 bel, if none of them had anything to do with the firing of the shot, nor 
 was present when it was shot? 
 
 Bear in mind, gentlemen, that no man who came with that crowd 
 has ever been indicted for the firing of the shot that killed Senator 
 Goebel. There has been only five men indicted for that — Harlan Whit- 
 takr, who lives in Butler county, and who did not come down with the 
 mountain crowd; Dick Combs, who lives, I think, in Lee County, and 
 who had nothing to do with the mountain crowd; Jim Howard, who 
 was not about the mountain crowd and had nothing to do with it and 
 was not with it; Berry Howard, who was not about that mountain crowd, 
 did not come with it and had nothing to do with it; and Henry B. 
 Youtsey, who lives in Campbell County, and who was at Frankfort and 
 did not come down and had nothing lo do with that mountain crowd. 
 He says he did not. And when Mr. Franklin came to make the indict- 
 ments against the men whom he says shot and killed Senator Goebel, 
 
113 
 
 he indicted no one of that mountain crowd. Mr. Franklin has admitted 
 by hiS' conduct that William Goebel was not shot by any man of that 
 mountain crowd, because he did not indict any of the mountain men 
 for doing it. He says that Goebel was killed by Jim Howard and 
 Henry E. Youtsey. Howard did not get to Frankfort on the 30th day 
 of January until within less than one hour before Goebel was shot, 
 and five days after the mountain men had come to Frankfort, and 800 
 out of the 1,000 had returned to their homes. Youtsey did not come 
 with the mountain crowd, and had nothing to do with it, if his own. 
 testimony can be believed. 
 
 Then, if no member of that mountain crowd fired the shot that 
 killed Senator Goebel, and if other men did fire the shot, as the Com- 
 monwealth claims by their actions in indicting others, then why should 
 I be held responsible for bringing them down there? 
 
 But suppose, for the sake of argument, that some of the members 
 of that mountain crowd had killed Mr. Goebel; suppose that Jim 
 Howard, and Berry Howard, and Henry E. Youtsey, and Dick Combs, 
 and Harlan Whittaker had never been indicted; suppose that some of 
 the mountain men who came down with that large crowd had been 
 indicted as the ones who killed Senator Goebel, would it follow, as a 
 proposition of law and as a matter of justice, that I ought to be con- 
 victed? Should I be convicted, gentlemen, because I had the moun- 
 tain men not come to Frankfort, Goebel might not have been killed? 
 Should I be held responsible for every act of every mountain man 
 because I was the cause of his being in Frankfort? Oh, no, gentlemen; 
 that is not the law, and it has never been the law. Had I not been 
 indicted for the murder of Senator Goebel, this trial would not now 
 be in progresp here. Had I never been born, I could not have been 
 indicted. Am I to be held responsible because the Creg-tor of the 
 universe gave me an existence here on earth? "Were my trial not in 
 progress here, it would not have to become necessary for the Com- 
 monwealth and the defense to have summoned a lot of men from the 
 mountains as witnesses here in this case. If some of these witnesses, 
 who have been summoned here as witnesses for the defense should, 
 during their stay in Georgetown, rob a bank or plunder a store, or 
 kill a man, would it be fair to hold me responsible for either robbery 
 or murder, because had it not been for me the crime would not have 
 happened, when, as a matter of fact, I had nothing to do with the 
 crime? I was the cause of their being in Georgetown; I summoned 
 them as witnesses, and still, after they got here, without my knowing 
 it, they entered into a conspiracy to rob a bank, or kill a man, if you 
 please, and they do kill one of your Georgetown citizens, am I to be 
 held responsible for that? And if I were the cause of those moun- 
 tain men getting to Frankfort, and if, after they got there, they en- 
 tered into a conspiracy to kill Senator Goebel, should I be held re- 
 
114 
 
 sponsible for that? It would be just as fair to hold me responsible 
 for the supposed, murder in Georgetown as it would to hold me re- 
 sponsible for the murder of Senator Goebel, under such circumstances 
 as that. 
 
 The instructions in this case tell you that if I counseled, or ad- 
 vised, or procured the murder of Senator Goebel, that then I should 
 be convicted. And, if I counseled, advised and proceured the sup- 
 posed murf^'^ here in Georgetown, I would be guilty. But I could not 
 be guilty : i either case unless I aounseled, advised or procured the 
 murder. If, after those mountain men got to Frankfort, and while they 
 were waiting for the case to be decided, they grew impatient and came 
 to the conclusion that they would end the contest by the killing of 
 Senator Goebel, "without my knowledge and without my procurement, 
 and they did so kill him, is there a sane man upon top of earth who 
 would- conted that I ought to be held responsible for it? Is there a 
 lawyer on either side of this case who would slander his professional 
 reputation by asserting that I would? Will Mr. Franklin contend 
 before you. in his argument, that if, after those mountain men came 
 to Frankfort, that some of them got together and decided that they 
 would kill Senator Goebel, without my knowledge, yea, even without 
 my procurement, and did so kill him, that I ought to be held respon- 
 sible for that, because, had it not been for me, they would not have 
 been in Frankfort? No, gentlemen, he will make no such contention 
 before you. We are all a weak, short-sighted set of human beings 
 here in this world. Finite creatures with finite minds. Born into 
 this world with imperfections and short-comings. Oh! gentlemen, if 
 we could but lift the golden curtain that shields our view from the 
 mysterious future; if we could but see beyond the heights and into 
 to-morrow: if we could but know of approaching dangers that are 
 coming to seal the doom of some part of humanity; if we but could 
 see the pitfalls before our feet, a great deal of the misfortunes and 
 calamities and tragedies of life could be avoided. But no mortal man 
 has been vouchsafed such gifts. There is but one whO' is omniscient; 
 there is but one whose brain knows all; but one whose vision is clear 
 enough to pierce the darkness of the future and tell what is to be 
 to-morrow. If I could but have known that the coming of those moun- 
 tain men vvould result in the death of Senator Goebel, if it did so 
 result, thej would never have been brought. If those ignorant people 
 living at the base of Mt. Felee, or those splendid Americans living 
 at Johnstown had known what was about to happen to them, they 
 would not have lost their lives. And for you, gentlemen, to say 
 that I ought to have known that the bringing of the mountain men 
 to Frankfi3rt would result in the murder of Senator Goebel, is to re- 
 quire of me more wisdom and foresight than it has ever pleased an All- 
 wise Creator to bestow on mortal man. You will not require it of me 
 
115 
 
 But If the prosecution can be relied upon to name the men who fired 
 the fatal shot, none of the mountain men had aught to with it. No 
 one of them fired the shot; no one of them was present, aiding or 
 abetting those who did fire it. A different set of men altogether has 
 been indicted for that. 
 
 GOV. TAYLOR'S PARDON. 
 
 Let us now, gentlemen, turn our attention, for a few minutes, to 
 th« pardon issued to me by Gk)V. Taylor. It is claimed by the prosecu- 
 tion that I was in a conspiracy with a number of others to bring 
 about the death of Mr. Goebel, and that it was a part of the plan for 
 Gov. Taylor to pardon all those implicated'. And in support of this con- 
 tention they continue to say that Taylor did pardon myself and others. 
 Let us look at this a moment, gentlemen. Let us apply the test of rea- 
 son to what they allege to be true and see if the ground they take is 
 tenable. In the first place, gentlemen, no one of the pardons was is- 
 sued earlier than in the afternoon of the 10th day of March, 1900. 
 They were not issued, gentlemen, until after Culton had been arrested 
 and lodged in jail; they were not issued until after warrants of arrest 
 were issued for myself and my brother and Finley and old man Davis. 
 
 The testimony in this case, is that on the night of the 8th day of 
 March, 1900, Culton was arrested and an attempt was made to arrest 
 old man Davis and myself at his home on Lewis street, in Frankfort, 
 and that we made our escape to the State House square. The testi- 
 mony, is that all during the day following that, old man Davis and my- 
 self, stayed in the Register of Land office, and on the evening of that 
 day, when we had to make our escape until the mad passion of the 
 hour was over, pardons were issued to us as a matter of temporary 
 protection. It is in evidence, gentlemen, that I meant only to go to the 
 mountains of Kentucky and there remain until the excitement died 
 away, and that then I meant to stand my trial. You remember that 
 Capt. Davis was issued a pardon at the same time that I received 
 mine. Who is it, gentlemen, that now thinks that old man Davis had 
 anything to do with the murder of Senator Goebel? 
 
 You remember that on the night of the ninth of March, after 
 officers had tried to arrest him and me that I had a talk with Judge 
 Yost as to what I should do. Judge Yost was my lawyer in my civil 
 suit. Judge Yost thought it advisable that Capt. Davis and myself 
 should go over to the State House grounds. He did not believe that 
 we could possibly be protected by the civil authorities; that the state 
 of excitment was- such that we could not possibly be protected from 
 mob violence. You remember that is the testimony I gave, gentlemen, 
 and if I had not been telling the truth about it Judge Yost would 
 have been called as a witness to contradict me. Judge Yost was a 
 witness in the Ripley trial. He has been before your grand juries, Mr. 
 
116 
 
 Franklin; you know to what he will testify; you know he did advis© 
 me that the civil authorities could not protect me. You remember 
 that he stated that I could not possibly get a fair trial and that if I 
 could get to the mountains of this State and remain there, until I 
 could get a fair trial, and until the passion of the people subsided, he 
 believed it would be the proper thing to do. You remember, gentlemen, 
 Victor Anderson, one of the witnesses for the prosecution, testified 
 that I wanted him to get Col. Breckinridge for me over the telephone 
 on the morning of the lOtb of March; I testified to the same thing, 
 gentlemen. You remember I told you that I wanted to consult Col. 
 Breckinridge as to what I should do, but that I was unable to get him. 
 Remember that I said to you that. 
 
 I had reasons why I wanted to be away from Frankfort at that 
 time. In the first place, I did not feel that the civil authorities there 
 could protect me from mob violence, whatever may have been their 
 efforts along the line to have done so. Excitement ran high. Passions 
 were inflamed. I did not believe it was safe for me, or that I would 
 be protected, if I surrendered at that time. That is one reason why I 
 wanted to get away. Another one was that I had advised with Judge 
 Judge Yost, a lawyer, about the matter and he thought it best for 
 me that I be away until after the passions of the people subsided. 
 Another reason is, that $100,000 had been appropriated with which to 
 prosecute the men charged with connection in this affair. I was a 
 poor boy. I did not have money of my own to fight properly a case 
 of that sort. That is a great deal of money with which to prosecute 
 anybody in a matter of that kind. I knew that it would be almost 
 impossible to eliminate politics from the trial of this, case and 
 especially in Franklin County, the storm center of the excitement of 
 State. I did not know at tbat time, of course, that I could get a 
 change of venue to this county. I did not believe that if I were tried in. 
 Franklin county, where excitement ran so high, that my innocence 
 would be a shield to me in the courts. Taylor would not place a squad 
 of soldiers around the jail to protect me. 
 
 Gentlemen, I did not believe I could be protected by the civil 
 authorities in Frankfort. I did not believe I could get a fair trial if I 
 remained. I knew that my attempt to escape to the mountains was of 
 expediency; I knew the dangers of arrest; I knew how attempted 
 escape be construed; I knew how a pardon to me in this matter would 
 be interpreted. I was not unmindful of the situation of affairs, and, 
 gentlemen, I want you to put yourselves in my place; that is the best 
 way to determine what you would have done. 
 
 PUT YOURSELF IN HIS PLACE. 
 
 Suppose you had been elected to a State oflace, as I was elected; 
 suppose that the Republican contestant for Governor had been shot 
 
117 
 
 down as Senator Goebel was shot down; suppose that you were 
 dharged with the assassination of the Republican contestant for Gov- 
 ernor; and suppose that the Republican press of the State were loud 
 in proclaiming you guilty and were daily and hourly fanning the pas- 
 sions of the people to a blaze. Suppose that the Republican Legisla- 
 ture had appropriated $100,000 with which to prosecute you; suppose 
 that you were to be carried into the Eleventh district to be tried for 
 the alleged conspiracy; suppose that you knew that in tnat district you 
 would be tried by a Republican Circuit Court; that a Republican Com- 
 monwealth's Attorney would prosecute you; that the jurymen who 
 tried you would be summoned by a Republican Sheriff, and when they 
 were summoned they would all be Republicans; suppose you knew that 
 you were to be tried in that Republican stronghold, while th,e people 
 were drunk with passion and their blood was hot with rage; and sup- 
 pose that the prosecution against you had not only at their backs the 
 strong and powerful arm of the Commonwealth, with all its resources; 
 but it had, in addition to that, $100,000 of the people's money at its 
 command with which to- purchase testimony against you; and suppose 
 your lawyers that you had employed in the civil suit, and upon whom 
 you relied for counsel and advice, told you that you had better get 
 away for the timie being; that the people of the State were swept off 
 their feet; and that, in time of excitement, people apparently go mad', 
 and that their reason is dethroned; and suppose that your lawyer 
 should say to you that you had better get a pardon and get away to 
 save your life until the people came to themselves; suppose you knew 
 that if you did get away, whether you had one pardon or a thousand, 
 and whether you tried escape one time or a million; that you knew 
 within your heart of hearts that you were not guilty of the crime with 
 which you had been charged, and that in the end your good name 
 would be vindicated; suppose all this, gentlemen; I will let each of 
 you, in your own hearts, answer that — what would you have done? 
 
 Why, it is- not the first time, gentlemen, in the history of this 
 country that innocent men have tried to escape the wrath of indignant 
 people. We all know that Jefferson Davis, the President of the Southr 
 em Confederacy, after the Civil War was over, and after he wasi 
 threatened with arrest for treason against the United States, tried to 
 escape in a woman's dress, and was captured in a cornfield. At any 
 rate, that is the generally accepted version of it. Davis knew that 
 he was not guilty of treason; he knew that he had fought for the 
 South and its cause, a cause he believed to be right and to be his duty. 
 He fought for home and for his people; his case failed and he was 
 charged with treason and tried to escape, gentlemen, not because he 
 was guilty, but to save his life from the mad storm of passion that 
 raged through the whole North. And you remember, gentlemen, that 
 he also accepted a pardon for treason against this Government. He 
 
118 
 
 did not accept a pardon, gentlemen, because he was guilty; he did not 
 attempt to escape because he was guilty. 
 
 So, gentlemen, thiS' is. not the first time in the history of this 
 country that innocent men have tried to escape from unreasoning hate 
 and have accepted pardons for that which they were not guilty. What 
 would you gentlemen have done had you been situated as I was situ- 
 acted? Would you not also have accepted a pardon? Capt. John Davis 
 tried lo escape; he was arrested with me; he also was disguised as a 
 soldier; he, too, had a pardon in his pocket; and who is it that now 
 claims that old man Davis wasi guilty of having any connection with 
 the murder of Senator Goebel? The prosecution knows that he is not 
 guilty. He has been given bond by them and sent home and. told that 
 he could remain with his wife and with his children. You know that 
 he is not guilty, andi yet he tried to escape. The very men whom the 
 prosecution now claims fired the fatal shot that resulted in the death 
 of Senator Goebel have no. pardons. Isn't it in evidence here that Jim 
 Howard has no pardon? Isn't in proof that Youtsey has none? These 
 are the men behind the gun, according to the prosecution, and yet 
 neither of them have a pardon, while Capt. John Davis and Harlan 
 Whittaker, who the world knows to be innocent of the crime charged 
 against him, both have pardons. Then, what becomes of the claim of 
 the prosecution that pardons were issued to those implicated in tho 
 murder of Senator Goebel? 
 
 And if the pardon had been issued to me, as these gentlemen 
 claim, I want to ask you if, you don't believe that I would have used 
 a little common sense in the issuing of that pardon, if I had' been 
 implicated in the murder of Senator Goebel. I want to ask you, gentle^ 
 men, if you don't believe that I would have used a little common sense 
 in regard to that matter? This pardon was issued on the 10th day of 
 March, 1900. Senator Goebel was shot on the 30th of January, and did 
 not die until the 3d day of February, and the contest committee did 
 not try to declare Goebel to be Governor until the 2d and 3d days of 
 February. It is not claimed by any body that he was legally declared 
 Governor until the 19th of February. If I had been in a conspiracy 
 to have killed Senator Goebel, don't you know that I would have had 
 that pardon issued at a time when the act of Gov. Taylor would have 
 been legal? There is no question about the legality of his act before 
 the contest committee decided against him. Why did I not have the 
 the pardon issued after Senator Goebel was shot, and before the 
 decision of the contest committee? There could not have been any 
 doubt as to its legality at that time. The gentlemen must either think 
 that I am a fool, or, at any rate, they attribute to me most idiotic 
 things. After the contest committee had decided that Goebel was 
 rightfully Governor of his State, and after he died and Gov. Beckham 
 stepped into his shoes and began to act as Governor of this State, in. 
 
119 
 
 a room in the Capital Hotel at Frankfort, and the contest was carried 
 to the Supreme Court of the United States, don't you know that if I 
 had been guilty and had not had the pardon Issued before the contest 
 committee decided for Gov. Goebel, that we would have had Gov. 
 Beckham enjoined from acting as Governor until the Supreme Court 
 of the United States passed upon the legality of his title, and before 
 it did pass upon it, the whole of the legal fraternity knows that under 
 that state of case that the pardon would have been valid. 
 
 Don't you know that if I had been guilty, as these gentlemen claim, 
 and had hoped to have gotten a legal pardon, don't you know that I 
 would have gotten a pardon during this time and would not have 
 waited until the contest . committee and the courts decided against 
 Gov. Taylor ? The pardon was issued, gentlemen, under the state of 
 the case that I have attempted to describe. It was issued not because 
 I was guilty, but issued like the one issued to Capt. John Davis and 
 to Jefferson Davis, President of the Confederacy, and others. 
 
 But this claim on the part of the Commonwealth in regard to the 
 pardon and to my attempted escape, is like other claims in other 
 things. Whatever I do and wherever I go, the prosecution construe 
 it into direct and conclusive evidence of guilty. When I went to Louis- 
 vile and locked my office door, on former trials they said that it was 
 almost positive proof of my guilt. If I had failed to have locked it, 
 it would have been more positive. When I told Burton in my office 
 that I would withdraw from the meeting and have nothing further to 
 with it, if violence was talked of, or contemplated, the prosecution 
 says that I did not mean it; and when I called Todd to talk with Yout- 
 sey and persuade him from any unbecoming conduct, they say that I 
 didn't mean it; and whem I told the men who came down with the large 
 crowd of people in front of the depot in Barbourville, that they must 
 keep sober and conduct themselves in such a way as to cast no dis- 
 credit on our end of the State, the prosecution says that the reason 
 of that was, that I wanted them to keep sober in order that they might 
 murder their fellow-man more effectively. Mr. Hendrick told you that 
 I perjured myself on the witness stand because I testified with calm- 
 ness and deliberation. What would he have said if I had testified 
 otherwise? He said that I was guilty because I left my office for 
 Louisville the Tuesday morning before the tragedy, and that I am 
 doubly guilty because I returned to my office after the shooting. What- 
 ever I do, gentlemen, it is twisted into damning evidence against me, 
 and when I accept a pardon and try to escape to the mountains of 
 Kentucky, they say that it is positive proof of my guilt, when you or 
 any one else, who values his life, would have conducted himself as I 
 did, under the circumstances that existed. 
 
120 
 
 HIS ACTfONS PROCLAIM HIS INNOCENCE. 
 
 And, gentlemen, there is proof in this case that rebuts all pre- 
 sumption of guilt that might arise in the minds of the most skeptical, 
 either from my accepting a pardon or from my attempting to escape, 
 and that is gentlemen, that at all times and under all circumstances 
 I have maintained my innocence, not by my words alone, but by my 
 actions as well. Murdier will out, gentlemen, and had I been guilty of 
 the murder of Goebel, I certainly would never have appealed my case 
 after the first jury had rendered a verdict of guilty and sentenced me 
 to the penitentiary for life. We all know that the secret of murder 
 cannot be kept. 
 
 Daniel Webster, in one of the finest criminal speeches of his whole 
 life, said concerning the fact that murder will out: "Such a secret 
 is safe nowhere in the whole creation of God. There is neither nook 
 nor corner ^'here the guilty can bestow it and say it is safe. The 
 human heart was not made for the residence of such an inhabitant.' 
 
 And it is in accordance with the experience of mankind that mur- 
 der will out. I have maintained all the time, and now maintain, that 
 the murder of Senator Goebel will be known. Could I have afforded 
 it, had I been connected with it in the slightest, t© have appealed my 
 case after having been given a life sentence the first time? Could I 
 have afforded to have appealed my case after I had been given a life 
 sentence the second time? Supose that one of you gentlemen had been 
 guilty of the awful crime of assassinating the leader of the Republican 
 party, and suppose that you were being prosecuted in a Republican 
 county, before a Republican Circuit Judge, with a Republican Sheriff 
 to summon the jury, with a Republican prosecuting attorney to prose- 
 cute you, with the resources of the great Commonwealth of Kentucky 
 at his disposal, and' with $100,000 laid at his feet to unearth the mur- 
 derer, with detective prying into every nook and corner of this Com- 
 monwealth and into the secret of every home within its confins, and 
 poeple daily making confessions for immunity — I ask, if you had been 
 guilty of the awful crime of assassination under such circumstances 
 as these, and had been given a life sentence, I ask you if you would 
 not have acepted imprisonment with open arms and risked your 
 friends to have, at some time come to your relief? 
 
 If you were guilty, gentlemen, you would not know on what day 
 that guilt would' shine forth like a blazing sun; you would not know 
 at what hour your connection with the murder would become known 
 to the world, with one great political party, to say the least of it, 
 trying to make known your guilt; with the resources of the State and 
 $100,000 and droves of detectives working to that end. Youl would 
 not know on what trial your life would pay the forfeit of your con- 
 nection with that murder. I ask you, gentlemen, as sensible men, 
 would any of you have appealed your case the first time under the cir- 
 
121 
 
 cumstances that I have (i«escribed? Would you have appealed it a 
 second time? No, gentlemen, you would not. No one of you would, 
 had you been guilty. Neither would I, gentlemen. I would have been 
 glad to have saved my life and looked forward to some time when, my 
 friends could come to my reliefe and secure my liberation. 
 
 Put yourselves in my place. Suppose, Mr. Booth, you were the 
 defendant in this case instead of me. Supose that you had your case 
 in the Court of Appeals the second time, November 30, 1902. Suppose 
 on that day Henry Youtsey had given a statement to the country that 
 he was willing to go' on the witness stand and tell all he knew. 
 Suppose that you were alleged to be implicated with him in the murder 
 of Senator Goebel. Suppose the prosecution had always maintained 
 that the fatal shot was flred from your office and that you were instru- 
 mental in having it fired from there. Suppose you had been convicted 
 on two former occasions by two juries, on the theory that Youtsey and 
 others had gotten the key from you or your brother, as a means of 
 entry to the office. Suppose the minority of the Court of Appeals had 
 accepted that view of it, and handed down dissenting opinions in 
 your case. Suppose that most of the testimony against you was the 
 testimony of star witnesses, swearing for immunity. Suppose you 
 knew that the prosecution had always been able to prove by such men, 
 any statement it desired'. 
 
 Suppose that the Count of Appeals that had been politically your 
 friends, had changed its complexion and had become politically your 
 foes. Now, I want to ask you this question: If you were implicated 
 with Youtsey in the murder of Senator Goebel, and he was declaring 
 that he intended to take the witness stand and tell all about it, wouldn't 
 you have ceased to fight your case at that moment? Wouldn't you 
 have had your lawyer go before the Court of Appeals and dismiss your 
 case andi have gone to the penitentiary, and possibly have saved your 
 life in a future trial? 
 
 Wouldn't I have done that? Wouldn't any one with a spoonful of 
 brains in his cranium have pursued that course? Or wouldn't I have 
 had my lawyers, by dilatory tactics, pushed my case over into the 
 January term of the Court of Appeals at the beginning of 1903, when 
 it became Democratic, and let those Democratic Judges affirm the 
 decision in my case, and go tO' the penitentiary. No public censure 
 would have come to me, because ostensibly, I would have fought my 
 case to the bitter end. I did not do that; I am not guilty. 
 
 I am not guilty; my conduct proves that. And if your verdict in 
 this case should" be "We agree to find the defendant guilty," if, by 
 your verdict, you should blight and ruin the life of one of your fellow 
 citizens, let me say to you now, gentlemen, that you will regret it the 
 longest day you live. I am inocent, gentlemen; some day the world 
 will know it. But when your verdict is rendered and you are dismissed 
 
122 
 
 and discharged from this case, if it should become known to- 
 morrow that your verdict was no less than murder, your power to 
 undo the wrong and palliate the crime you would commit, would be 
 beyond your reach. You can neither correct nor modify it. All the 
 sleepless nights you would spend over it could not alter it; all of your 
 bitter tears of regret could not change it. Your sobbing, aching hearts 
 and stinging consciences would go with you to your grave, and still 
 you would have done that which your suffering could not change; your 
 agonies could not alter. 
 
 But, gentlemen, you will not render such a verdict. The facts 
 proved in this case do not warrant a conviction. The law does not 
 authorize it, and you are going to give me my liberty. The scenes of 
 this trial are rapidly coming to a close. You and I will part, possibly 
 never to meet on earth again. I never cast my eyes on you until the 
 trial began; I may never see you more. At the furthest, gentlemen, we 
 will all soon be laid in the icy arms of death. We owe it to ourselves, 
 to our families and to our country and to our God, to be honest men; 
 while we live. Whatever fate befalls us, let us do our part of the 
 duties of life and meet all its responsibilities like men. Let not our 
 pathway, while we live, be filled with cruelties to the helpless, wrongs 
 to the unfortunate and injustice to the innocent. 
 
 We are a band of brothers, sent here to earth to remain but a 
 little while, to fitly prepare ourselves for complete enjoyment in the 
 world to come. I know of no better way to prepare for the happy 
 realms above than by doing good' to others here below. You have it 
 in your power to lead an innocent man to the gallows, to prison, or to 
 liberty. And remember, that the good you do to others, your upright- 
 ness of life, your stand for humanity and truth, will follow you to 
 commend you. Whether in the future you roam over distant countries 
 or sail over unknown seas, or whether you spend the remainder of your 
 days on earth here amid the best civilization, the most hospitable 
 people upon which the sun of heaven has ever shown; wherever you 
 may be and in whatever circumstances placed, if you do this day's 
 business as justice and innocence and truth demands that it should 
 be done, you will always look back upon it as the most glorious days' 
 work of your whole life. 
 
 When the burden of many years and cares, and the frost of many 
 winters and the decrepitude natural to old age are bringing you nearer 
 to the dark waters of death! when you have retired from the battles 
 and trifles of a busy life; when you are caring less about the politics 
 and policies of this world, and more about your safe arrival upon the 
 shores of the next; when the mysteries surrounding this awful murder 
 shall have cleared away and the guilty be known, and the innocent are 
 relieved of suspicion; when it is known to this world, and it will be 
 known, that an innocent young man was torn from a position of 
 
123 
 
 honor to which his fellow countrymen had elevated him, and driven 
 like a common criminal all over this country in shacklesi and chains 
 and forced to pine away his young life in a prison gjell with worthless 
 negroes, crawling lice and creeping vermin; then, gentlemen, your 
 hearts will bound with the joy of youth, and your good names will be 
 heralded over the earth as being just men; men whose oats and whose 
 sense of justice and devotion to duty lifted them above the mad pas- 
 sions and prejudices of the hour, and had them render a verdict in 
 accordance with the law and the evidence and justice. It will be a ver- 
 dict, gentlemen, of which your children and grandchildren will be 
 proud ; one that our country will point to with pride. It will bless you 
 and yours as long as life lasts, and be a passport into the realms of 
 bliss beyond. 
 
 And I know that you are going to give me my liberty, gentle- 
 men. I feel it in the very air. I see it in the faces of this vast crowd 
 of listeners whose very hearts are bleeding because of the agonies I 
 have suffered and the wrongs I have had to endure. Witness how their 
 tears are flowing because they live in a country where a crime worse 
 and blacker than the awful crime of assassination has been inflicted 
 upon one of their fellow-men, under the forms of law and in the name 
 of justice. I feel that you, gentlemen, will say by your verdict, that 
 you deplore the wrongs of the past; and that you will put it beyond 
 the reach of mortal man to again repeat them in this case. I believe 
 you will say that while Kentuckians are the quickest to do wrong that 
 they are the soonest to repent. 
 
 Gentlemen, there are too many men swearing for immunity in 
 this case; too many swearing for money; too many detectives; too 
 many star witnesses. I had hoped to discuss at some length the star 
 witness in this case, but I have already taxed your patience too long. 
 I wanted to tell you, when Col. Campbell, with whip in hand, took a 
 front seat in the band wagon of safety and began to conduct the 
 course of these procedings, and ordered that all who would ride with 
 him should have everlasting life, so far as he was concerned; a safe 
 journey through the inviting fields of freedom, and a continued feast 
 on that $100,000 reward fund; and that all who failed to take ad- 
 vantage of this golden opportunity should meet with death and de- 
 struction; how Golden took early advantage of this blessed oppor- 
 tunity, climbed over the front wheels of the band wagon of immunity, 
 and took a soft seat my the side of his Savior, Col. Tom C. Campbell. 
 
 I wanted to tell you how Culton was lead, on the arm of his 
 brother-in-law, Ed Hogg, into the room of Col. Campbell, at the Capital 
 Hotel, at Frankfort, and there told such a story as restored him to 
 his liberty, his wife and loved ones. I wanted to tell you how Cecil 
 found his way from California into the home of the Commonwealth's 
 Attorney, and from tnere to the grand jury room, and from there to 
 
124 
 
 liberty, and, as per agreement, came here to Georgetown and tried to 
 swear my life away. It was my desire to tell you how Youtsey had 
 began making confessions within six hours after he was lodged in 
 jail, and how he said at that time to Col. Campbell: "I never discussed 
 the killing of Goebel with Caleb Powers." And know he afterwards 
 changed that story when he had been kept on bread and water for 
 eight consecutive days in a prison cell at the penitentiary at Frank- 
 fort. I wanted to tell you something of his pretended "fits," on his 
 own trial, and how he tried to become a star witness against me 
 during my first trial; how he accepted a life sentence in the peniten- 
 tiary for alleged complicity in Goebel's murder, and how, at all times, 
 he had maintained his innocence to his own dear wife. I wanted to 
 tell you something of how Golden and Culton and Cecil and Youtsey, 
 according to their own statements, wanted to kill and murder, before 
 Goebel's death, and how, now, they have pious longing in their saintly 
 (?) souls to spread the truth broadcast over the land. I wanted to tell 
 you with what "coming" appetites they have testified; how little they 
 knew when they began testifying and how much they all know now; 
 how they have given to the world new and revised editions of "all they 
 kno" concerning the killing of Mr. Goebel. 
 
 It frequently occurs that books of various characters are often 
 revised, .ijiving to the world the latest and the best thoughts of authors' 
 on the subjects treated. But it is the first time that I have ever 
 known of the sworn testimony of a witness in court being issued in so 
 many new and revised editions. It has always been my idea that a 
 witness was sworn to tell the truth, and the whole truth, on his first 
 examination, and that he is supposed to do it. It has been my experi- 
 ence, gentlemen, that instead of one memory increasing with age, that 
 it often becomes faulty and treacherous. It is the experience of 
 humanity, gentlemen, that the further in the point of time, events are 
 removed from us, the more dimly we see them. Things that were 
 clear and vivid when they occurred, become faintand shadowy in the 
 lapse of time. But these star witnesises furnish us a remarkable and 
 peculiar exception to the rule that applies to all honest humanity. Th« 
 further they are removed from the fatal and unfortunate tragedy of 
 January 30th, 1900, the more vivid is their memory; the more useful 
 their knowledge. 
 
 I would like to show you how Golden's alleged conversations 
 always occured with me when I was alone, except two instances where 
 he is^ overwhelmingly oonlrad'icted by others; how Culton's alleged 
 conversations always occurred with me when I was alone, except on 
 one instance, and in that instant we find him contradicted by Messrs. 
 Page, Howard, Van Zant, Davidson and others; how Cecil always had 
 his alleged conversations with me when I was alone, except where 
 he is contradicted by Van Zant, Davidson, Page and others; ho-vr 
 
125 
 
 Youtsey always had his alleged damaging conversations when I was 
 entirely alone; how Broughton had his alleged conversation with me 
 when I was alone; how Noaks said he always talked to me alone. Is 
 this not a remarkably strange state of case, that these star witnesses 
 always talked to me when I was alone, and putting it out of my power 
 to contradict their alleged conversations by others than myself. 
 
 And is it not stranger still, that Golden and Culton and Noaks 
 and Anderson and Youtsey and Cecil and Broughton were the only 
 ones to whom I confided my intention to murder? Is it not strange, 
 that out of the number of prominent and reputable men with whom 
 I associated at Frankfort, that not a single one has ever been pro- 
 duced to prove my murderous plans? Is it not most remarkable that 
 I did not coaverse with the leaders of the party and representative 
 citizens about the way the contest should be settled — about the surest 
 way for me to hold the office for which I was contending? Has it 
 never occurred to you, as it has to all other sensible people of the 
 country, that if I talked to Golden and Culton and Noaks and Ander- 
 son and others^ of like liver exclusively about the best way to settle 
 the contest, that I must have been a fool of the first water? Does it 
 not strike you, gentlemen, as being most peculiar that the only people 
 in the whole State who had my entire confidence during these stirring 
 times, were Noaks and Anderson, who are now confessed perjurers, 
 and Golden, Culton, Cecil and Itoutsey, who are now under indictment 
 in this case, and swearing for immunity? 
 
 Is it not strange that the now pious Broughton recommended, as 
 he says, his own brother as a suitable man to kill Senator Goebel 
 before the tragedy, and at this trial had to be run down by Detectives 
 Hardin and Griffin, before he could be gotten to the witness stand to 
 testify for the Commonwealth? There are reasons for all these 
 things. 
 
 A PLAGUE OF DETECTIVES. 
 
 There have been too many detectives in this case; too many law- 
 yers playing the part of detectives. There has been too much of an 
 effort to convict some one more or less high in politics, and too little 
 attention paid to the prosecution of the real murderer. You know this 
 policy was expressed by Col. Campbell in his first speech in my case, 
 when he said: "Small gratification would it be to those looking for 
 revenge, if such there were, to have a 'wretch kern' from the High- 
 lands convicted and hung. Such a man, if necessary, should be 
 turned loose to the end tha'- the conspirators who procured the cow- 
 ardly deed to be done might be convicted." You see, gentlemen, they 
 have publicly expressed that they cared nothing for the "little fishes;" 
 that it was their desire to convict more prominent men. 
 
 Look at this spirit of the prosecution, together with the fact that 
 detectives have played a most conspicuous part in all these trials, and 
 
126 
 
 we are not astonished, or should not be, at the prosecution proving 
 alibis' for such men asi Johnson, or the production of so many star 
 witnesses; such men as Noakes, Anderson and Weaver. We need not 
 be surprised that such a man as Golden is to-day enjoying his liberty; 
 and that Culton is a boon companion of those whose duty it is to 
 prosecute him, and that Cecil is getting his liberty for his testimony, 
 and that Youtsey expects his feet soon to walk on fredom's soil fpr his 
 services here as a witness. 
 
 There can be no doubt, gentlemen, but that the detectives have 
 played' a most important part, and a most damnable part, in the pro- 
 duction of the evidence in this case. You remember. Col. Campbell 
 said in his first speech to the jury in my case: "Detectives were 
 called in, but they were baffled like the hounds in the pursuit of the 
 fox which jumped to the stapling over the precipice, and then under 
 the ledge of rock." He says that in that dilemma that Mr. Frankiln 
 saidi to him one evening: "You are not known in Eastern Kentucky; 
 go there," There is no doubt but that he went there, gentlemen, for 
 he met Robert Noakes at Big Stone Gap, undr the non de plume of 
 Cleinmire. Mr. Campbell said in his speech: "Men whose time was 
 worth $5 a day worked in the mines of Bell County for less than one- 
 fifth of that sum for the purpose of accounting for their presence in 
 that county. One man painted fences and rocks in Laurel County 
 with signs, and gave away hundreds of bottles of medicine for the 
 sole purpose of accounting to such fellows' as Jim Sparks and Jim 
 Howard and others of like kidney as to why he was in that county." 
 
 And, gentlemen, we do not have to rely upon Col. Campben'& 
 statement that detectives have been very busy from the very begin- 
 ning of this prosecution. You remember, that Golden testified that 
 Tom Cromwell, a detective, who had been up in Knox County, came 
 to the Capital Hotel, in Frankfort, about the 2nd of March, 1900, and 
 wrote Golden a note to come over to the Capital Hotel. You remem- 
 ber, that Golden told you that in response to the invitation to meet 
 Tom Cromwell at the Capital Hotel, that he presented himself in per- 
 son, and the next morning, at the early hour of 5 o'clock, he was speed- 
 ing away over the country to the historic city of Cincinnati in the 
 arms of his savior. Col. Tom Campbell. 
 
 You remember when the theory of this case was being formulated, 
 the theory that the shot was fired from the office of the Secretary 
 of State, we find detectives, playing important parts in that matter. 
 You remember that Mr. D. Mead Woodson, that expert gentleman and 
 expert witness. These expert witnesses are always a remarkable set 
 of felows; they can get out here In the streets of Gorgetown and 
 measure a cow's track and tell you the price of butter in New York 
 City. And' when this man Woodson was' down at the hackberry tree 
 proving to a mathematical certainty, with his. little surveying pins and 
 
127 
 
 a yara string, that the shot that killed Goebel was fired from the 
 oflBce of the Secretary of State, he told you that Robert Harding and 
 Dee Armstrong were present on that occasion. Who are Robert Har- 
 ding and Dee Armstrong? They are detectives; the paid puppets of 
 the prosecution who have lent their gallant services, sacrificing (?) 
 services to the unearthing of the guilty ( ?) in this prosecution. When 
 Golden was preparing to confess; when he was getting ready to turn 
 State's evidence, we see the finger of Detective Tom Cromwell in the 
 matter. When the bullet was found in the hackberry tree we find 
 Dee Armstrong and Robert Harding officiating on that occasion. You 
 remember the testimony of that most charming and most winsome 
 lady, Miss Ella Smith by name, of the town of Barbourville, whose be- 
 witching manner and seductive smiles captivated the hearts of all. 
 You remember that Miss Ella Smith, who was a witness for the prose- 
 cution, told you that Tom Cromwell wrote out her statement for her 
 in Barbourville, and she committed it to memory and recited it for 
 us. She recited it well. 
 
 Detective Cromwell swore out a warrant for my arrest; he swore 
 out a warrant for the arrest of old man Davis. Detective Russell took 
 a number of identifying witnesses to see Jim Howard. A number of 
 them assisted in my arrest at Lexington. So you see, gentlemen, that 
 detectives have been swarming the State like a drove of hungry vul- 
 tures. You find them in the Capital Hotel when Golden, confesses; 
 you find them at Barbourville before he confesses; you find them at 
 the hackberry tree when a block of wood was taken out of the tree; 
 you find them present when the block of wood was opened; you find 
 them in Cincinnati when Golden first confessed; you find them in 
 Lexington with him after he confessed; you find them swearing out 
 warrants of arrest; you find them everywhere. There are too many 
 detectives and too much perjury in this case. There are too many 
 men who have their arms up to their elbows in that $100,000 reward. 
 
 THAT CORRUPTION FUND. 
 
 Do you want to help distribute that money, gentlemen? Do you 
 want to become co-partners in that affair; if you do, the opportunity 
 is yours. You have an earnest invitation on the part of the Common- 
 wealth. If you want to help distribute that money you have the 
 privilege; $5,000 is offered for my conviction. You make it possible 
 for those hired detectives to get their share of the spoils, for if the 
 detectives do not get the $5,000 offered for my conviction, who does 
 get it, gentlemen? No part of the $5,000 offered for my scalp goes for 
 the purpose of bringing the witnesses here, either for the Common- 
 wealth of the defendant. The State pays for the bringing of witnesses 
 here for the Commonwealth, and the defendant has to pay the ex- 
 penses of his own witnesses. It is not for the purpose of keeping wit- 
 
128 
 
 nesses of the Commonwealth here; they are allowed $1.00 per day, or 
 part of a day, they stay here. It is not for the purpose of paying their 
 mileage or their way to the train. The law allows them more than 
 enough for that. It does not go to the paying of lawyers in this case, 
 for the law that set apart the appropriation says that none of the 
 money is to go for the payment of the lawyers. It is not for the pur- 
 pose of paying Mr. Franklin here for his services. He is allowed a 
 certain salary, and is paid by the State. It is not for the purpose of 
 paying you, gentlemen, for your services. You are allowed your per 
 diem by the law of the State. 
 
 Then, to whom does it go? It must go to somebody. It must be 
 paid for some purpose. There is no stipulation in the law appropri- 
 ating this enormous fund, saying that any part of it shall be to per- 
 jurers and suborners of perjury. But such people will lay claim to 
 that money. Did not Detectives Dee Armstrong and Robert Harding 
 tell you from this witness stand that they expected to lay claim to this 
 money if I am convicted? The detectives who have furnished the 
 proof in these cases, and those who "have sworn lies for pay, will lay 
 claim to this money. Do not be deceived about it. They are now 
 claiming it. Suppose Campbell should say to the detectives that he needs 
 certain testimony; Harding and Armstrong would give ten witnesses 
 ten dollars each, in addition to the Commonwealth's paying them a 
 dollar a day and so much mileage, to come and testify to certain state 
 of facts. It would not be good policy for any witness to swear to too 
 much. That would not be skilled perjury. It would be bunglesome 
 subornation. Here you have these ten witnesses swearing to certain 
 statements for the sum of $100. That is a small amount, but the 
 evidence of ten witnesses is considerable testimony; $200 at that rate 
 would get twenty witnesses. That is not much of $5,000. 
 
 You ask: Do you mean to say that witnesses can be bought that 
 cheap? I answer: Yes; part of them can, but not all. It takes more 
 for some. But you can put it down, gentlemen, that most every man 
 who sells his vote at an election would sell this testimony. You know 
 that there are plenty of these. You know that there are more of them 
 than the mass of humanity supposes. So you see .how easy it is to 
 buy testimony when you have the money. But one says: It looks like 
 some of them would be caught up with. And so they have been in this 
 case. Weaver was caught up with; Anderson was caught up with; 
 Noakes was caught up with; Davis Harrod, at Frankfort, was caught 
 up with and is no more a witness in these cases; D. Sinclair, the man 
 who forged the telegrams at Frankfort, was caught up with and is 
 no more used as a witness^ in this case. 
 
 Yes, it is true that some of them are caught up with, but the 
 smooth suborner or perjurer knows more than to do it that way. He 
 has the perjurer to meet you on the road somewhere or to be with 
 
129 
 
 you alone somewhere. Golden says that we always talked alone when 
 we were talking about private matters. The smooth suborner and per- 
 jurer has no one present but you and the perjurer, and he has him 
 say that while you are with him at a certain timeand place, that you 
 made such and such a statement. You have to admit being with him 
 at the time and place. There is no one to help you out of your pre^ 
 dicament; no one to deny for you that you made such a statement; 
 no one to contradict the witnesses against you except your&elf; no 
 one to contradict them in this case except myself. Then, of course, 
 the Commonwealth argues that my own testimony sustains the witness 
 against me, and that, of course, I am trying to syear myself out. There 
 is no way to contradict the pejurer save by my own testimony. 
 
 Such has been the testimony of all the stars against me. Sucll 
 has been the testimony of Anderson and Noakes and Golden and Cup 
 ton from the very beginning; such is the testimony of Youtsey and 
 Cecil. Detectives and shrewd lawyers know how to prepare sucb 
 testimony. That is the business of, by far, too many of them. Cultoa 
 is a lawyer himself. He knows how to fix his. Golden's brother is a 
 lawyer; he knows how to fix him. Col. Campbell could suggest to 
 Golden or Culton that a certain bit of testimony was needed and for 
 him to try and remember it. They are in the remembering business. 
 It stands them in hand to remember well. They know it. It needs no 
 detective work to encourage Golden and Culton to remember well. It 
 needs no offer to them of money in the event that I am convicted, to 
 spur them up to their best as perjurers. There are other incentives 
 for them. 
 
 DETECTIVES SUBORN PERJURY. 
 
 Then, you ask, does the Commonwealth's Attorney endorse it all, 
 and is he a party to it all? I answer, no. I have known of case® where 
 he has turned off would-be perjurers. The detectives go in the neigli- 
 borhood of the witness. He suborns him. He then writees down to 
 Mr. Franklin that a certain man would make a good witness for the 
 Commonwealth. Mr. Franklin has him summoned either before the 
 grand jury or as a witness in some of these cases. The witness teUs- 
 hia- story. He makes a good witness, audi Mr. Franklin puts him on 
 the stand. That is a part of the evidence of conviction. And after 
 'the conviction is had, the detective will come forward claiming the 
 $5,000 for the discovery of the testimony that leads to the conviction. 
 
 Oh, gentlemen, be not deceived in this matter. They are already 
 claiming it. It is a matter of current history, gentlemen, with which 
 you are all familiar, that Dee Armstrong and Robert Harding, of Louis- 
 Tille, who have been the paid puppets of the prosecution in the invea- 
 tigation of clues, and who have attended every trial of my case, and 
 who are here now, have already put in a claim for my former con- 
 
130 
 
 'vlcticn, alleging that they furnished the evidence with which to do 
 it. You remember the Fiscal Court of Franklin County offered $1,000 
 reward for the arrest and conviction of Senator Goebel's assassin. 
 Detectives Armstrong and Harding have put in a claim for that 
 money, and ellege they furnished the evidence upon which Youtsey 
 and Jim Howard and myself were convicted. They also have put in 
 a claim for $5,000 for the conviction of Youtsey. They have been 
 here on the grounds marshaling and training their witnesses, and now 
 await your verdict, in the hope that they will be well paid for that 
 marshaling and training. Did not Armstrong tell you that? The de- 
 tectives are waiting for that $5,000 reward, gentlemen; that is the 
 reason why they have bought so much testimony. They would pur- 
 chase it against you as readily as they do against me, if there were 
 as much in it to them. 
 
 Be not deceived about it. Do you think there is enough evidence 
 in this case to convict me? Is there a single man on thisi jury who 
 thinks it? If there is, I want to say to that man that if he will let 
 Col. Campbell suppose two things, he can convict him of the murder 
 of Mr. Goebel. If you will let him suppose that you were an active 
 partisan Republican in the campaign and contests of 1899 and 1900, 
 and that you went to Frankfort a few days before Senator Goebel was 
 killed — that is all that is necessary, these two things. You may say 
 you dod not understand what your being a Republican or going to 
 Frankfort would have to do with the killing of Mr. Goebel, or how you 
 could be convicted for that. Let us see. 
 
 In the first place, he would charge, by indictment, a Golden, and 
 and a Culton, and a Youtsey, and a Cecil, who reside in your neigh- 
 borhoo<l, or who were thrown with you in the transaction of business 
 in the winter of 1899 or 1900. And you have got Goldens and Cultons 
 and Youtseys and Cecils and Broughtons in your community, gentle- 
 men. Be not deceived by it. There are men in you neighborhood who, 
 if they were indicted for an offense like this and could get their liberty 
 by testifying against you, would swear anything that they were told 
 to swear. You know that. There are men in your community who 
 would swear your life away for even a small slice of $100,000. You 
 know that. 
 
 COULD CONVICT ANY JURYMAN. 
 
 Let me show you how you could be convicted for killing Mr. 
 Goebel, by letting Col. Campbell suppose the two things of which I 
 have just spoken. He would prove by some Wharton Golden whom 
 you had working for you on your farm, that you were an active and 
 violent Republican. This would be known to be true; this would help 
 strengthen his testimony against you. He would prove by him that 
 while ycu and he were alone together on the farm and about your 
 
place of business, that you had said to him that Goebel ought to be 
 killed; that if you were up at Frankfort and no one else would kill 
 him, that you would kill him yourself. That is what Finley Anderson 
 swore against me. He would prove by him that ypu discussed plans 
 with him to kill Goebel in the Capital Hotel, on the streets of Frank- 
 fort, and from the office of the Secretary of State. He would prove 
 by him that you said that you would be willing to kill off enough 
 Democrats in the Legislature to make a Republican majority, and that 
 you also endorsed the killing of the Democratic members of the Court 
 of Appeals. He wouFd prove by him that you said' out at your barn 
 one morning that if things didn't settle up at Frankfort pretty soon, 
 that you intendedi to go up there and make use of a few Colts 45s or 
 a Marlin rifle. 
 
 He would prove by Culton that he lived in your neighborhood dur- 
 ing the contests of T899 and 1900; that he often passed your home, 
 and that you and he Had frequent talks about the contest at Frank- 
 fort, and that you said to him that you believed that if a large body 
 of mountaineers would come to Frankfort with their guns and either 
 kill enough Democrats to make a Republican majority or kill Mr. 
 Goebel, that the contest would end favorably to the Republicans; that 
 you said that ^hen Goebel was dead and in hell that the Democrats 
 wtmld not have another man who could hold them together. He would 
 prove by him that you and he had come here to Georgetown about the 
 middle of January, 1900, and that you showed him a letter you had 
 written to Gov. Taylor enclosing $25 to help defray the expenses of 
 the mountaineers to Frankfort and advising their coming, and that 
 your judgment was that when they got to Frankfort they should give 
 the Legislature thirty minutes to settle the contest, and if they didn't 
 do it, to kill the last damned one of them. 
 
 He would prove by some Broughon in your county that you ap- 
 proached him one day to find out who, in his judgment, would be 
 a good man to kill Goebel, and that he referred you to Cecil and Steele. 
 He would prove by some Cecil and Steele in your neighborhood that 
 you did approach them and tried to get them to go to Frankfort and kill 
 Mr. Goebel, and discussed with him how it could be done from the office 
 of the Secretary of State. He would prove by Youtsey that he lived 
 in your neighborhood before he went to Frankfort; that he knew you 
 well; that at the time of the Governo;;'s contest that he was at work 
 in the hallway of the Executive building at Frankfort a day or two 
 before the killing at the time you went to Frankfort, and that you 
 said to him that you believed the only way to settle the contest was 
 to have Goebel killed. He would prove by him that he fully endorsed 
 that sentiment, and said that he had been trying to do that for sev- 
 eral days and suggested that he now had a slick scheme by which he 
 could go into the office of the Secretary of State and pull down the 
 
132 
 
 window blind and shoot him from that office window and then ru» 
 down the stairway, and that nobody would ever know it. He would 
 prove by him that you endorsed that plan and pulled out of your 
 pocket $50 and gave it to him and told him to carry it out, and that 
 you would leave the details of it to him, and that you would go in and 
 see Taylor and have him call out the militia to protect Youtsey and 
 others^ after the killing. 
 
 Take this state of the case, gentlemen, and why wouldn't I have 
 a stronger case against you than they have against me? The moun- 
 taineers came to Frankfort on your advise; the shot fired from the 
 office of the Secretary of State upon your endorsement; the militia 
 was called out upon your suggestion. How would' you get out of it, 
 Mr. Rice? Golden, Culton, Cecil, Youtsey, have testified that there 
 was no one present at the time each of them had their elleged talk 
 with you. You could only contradict them with your own testimony, 
 and the prosecution would say that you are the defendant in the caae 
 and swearing for your liberty and could not bebelieved, and, beside* 
 that, they would say that your own testimony corroborated the testi- 
 mony of all these witnesses against you. They would say that you 
 admit having Golden working for you on your farm and admit being 
 with him at the time and places he aleges and that the only thing: 
 you deny is the damaging part of the conversations; that you sub- 
 stantiate the testimony of Culton by admitting that you did frequently 
 talk with him at your gate during the contest, and that you admit 
 coming to Georgetown on the occasion testified to by him. They 
 would say that you corroborate Broughton by admitting that he lived 
 in your neighborhood, and that he did have an opportunity of talking 
 to you, and by the further fact that Cecil and Steele say that yon 
 approached them on flie mission you talked to Broughton about. 
 They would say that you corroborate Youtsey by admitting 
 that you were at Frankfort at the time he testified to, and by the 
 further fact that the shot was fired from the office of the Secretary of 
 State and by the further fact that the militia was called out after he 
 Bhooting. 
 
 If the jury who tried you should give full faith and credit to the 
 testimony, there is no reason why that you or any other man In the 
 eommunity could not be convicted with $100,000 and a horde of un- 
 •crupuloue detectives to buy up the proof. Golden, Cecil, Youtsey, 
 Culton and Broughton say that Ihey had these talks with me, and that 
 BO one was present but themselves and me. I never had the alleged 
 talks with these men. The Commonwealth is after a conviction in 
 this case, and Dee Armstrong and Robert Harding are after the 
 money. They will have rival claimants. Other detectives have been 
 active. Detective Griffin, of Somerset, will be a formidable con- 
 tee tant. 
 
133 
 
 By your verdict, gentlemen, do you propose to further this 
 ■nefarious work? Do you propose to be a party to the taking away of 
 the liberty of an innocent man? Answer me that, gentlemen. And 
 you will be a party to it if you bring in a verdict of guilty, because, 
 without suet a verdict, they cannot get the money. As a citizen and 
 tax-payer of this Commonwealth, do you desire to plunder the treas- 
 ury of this State? In order to get the money to pay irresponsible 
 detectiveSi to suborn witnesses to swear away the lives of one of your 
 innocent fellow-citizens? The opporunity is yoursi, gentlemen. The 
 Commonwealth invites you to embrace it. Will you do it? How can 
 you gentlemen bring in a veridct of guilty when the foundation stones 
 of this prosecution are composed of perjurers? How can you bring in 
 a verdict of guilty when you see that all the material testimony in this 
 case received its being and was brought to fruition at the hands of 
 conscienceless detectives and other suborners or perjurers? 
 
 BEGS THEM NOT TO ERR. 
 
 Two juries have sat upon this case before and have said by their 
 verdicts that I am guilty. This was at a time, gentlemen, when the 
 amount of perjury in this case was not so well known as now; formerly 
 my case was reviewed by a higher court and a new trial granted. 
 Suppose that you should render the same verdict, and suppose I would 
 be compelled to abide by that verdict, and it should be found out after 
 all that I am innocent, and it will be found out; suppose that in the 
 meantime that my frail constitution breaks down under the strain 
 through which I have been forced to go for the past few years; sup- 
 pose that my vitality is sapped and disease takes possession of my 
 vital forces; suppose that my power of usefulness is all destroyed; 
 suppose that in the meantime that my aged mother could no longer 
 stand the strain of witnessing the awfui injuries done her son, and 
 her soul takes its flight for the world of spirits, following that of my poor 
 father, who died but a few months ago. And when the facts surround- 
 ing this murder become known, as they will become known, and the 
 world knows that I nad nothing more to do with the murder of 
 Senator Goebel than the jury which tried me, or had Mrs. Surratt and 
 others, who were wrongfully convicted for alleged complicity in the 
 assasination of Abraham Lincoln, how can you, gentlemen, live amid 
 the ruin that you have caused? How could you claim as a home the 
 State whose fair name you have tarnished? How could you live in, 
 country whose fair name you have disgraced in the committing of 
 judicial murder? How could you look your fellow-men in the face, 
 attend your churches and hear the gospel of justice and humanity and 
 mercy and goodness preached? 
 
 Oh, gentlemen, the awful sin of a conviction in this case, if you 
 so far forget yourselves as to commit it, will always be a crushing 
 
134 
 
 weight upon your conscience. It will prey upon you day by tlay and, 
 your slumbers will be disturbed by it at night. In vain will you wander 
 this world around in seeking a place of painless rest. The ghost of 
 your awful crime would be with you to upbraid you with a sense of 
 your dreadful wrong. And when your stay in this world is over; when, 
 you have traveled through the dark valley and shadow of death and 
 crossed the barren pearks of eternity, the wrongs that you have done 
 he here will foTTow you and be a witness against you in the great day 
 of judgment, to tell the wrongs and rehearse the agonies you brought 
 to a poor innocent and helpless prisoner here on earth. 
 
 But, gentlemen, I believe you are going to do right in this case. 
 You cannot give weight to perjured testimony; you cannot credit men 
 swearing for immunity; and if you are not convinced of my innocence, 
 you cannot be convinced of my guilt. And I believe you are going to 
 give me the full benefit of that which the most remarkable andi most 
 mysterious case haveleft to us all, as you have taken a solmn oath 
 that you would do; and when you do that, gentlemen, I will be acquitt- 
 ted and you will have discharged your duty fully to me and to your 
 conscience and to your God. And when you, gentlemen, are called 
 to give account of your stewardship here upon earth, the deed of your 
 verdict of acquittal in this case will stand by your side and plead, 
 like an angel, trump et-tongued for your acquittal and your deliv- 
 erance. You may talk of the ruin of homes brought about 
 By strong drink; talk of the pains and pangs of poverty; talk or for 
 feited frieifdships and trusts betrayed; talk of the misery of the wit- 
 ness who has' sold his honor for gold or blackened his soul with the 
 awful crime of perjury; but none of these compare in wretchedness 
 with the juror who fails to discharge his duty when the life of a fellow- 
 citizen is involved. 
 
 I must soon close. I have done my best to make clear the facts 
 in this case. I know that my words have been weak. I will have 
 to trust to you to do better work. I am not guilty. Something has 
 been said by the prosecution about my lawyers begging for mercy. 
 No, no, Mr. Franklin; no, no, gentlemen of the jury, I am not begging 
 for mercy in this case; I am asking for pustice alone at your hands. 
 
 But speaking of mercy, calls to my mind the German legend that 
 describes man in his creation. It seems that by that legend that at 
 the time the Almighty decided to make man. He called his attributes. 
 Truth, Justice and Mercy, before Him and questioned them concerning 
 it. To Truth, He said: "Shall we make man? " And Truth answered 
 and said': "Make him not; he will destroy thy statutes." He then 
 turned to Justice and said: "Shall we make man?" And Justice said: 
 "Oh, Father, create him net; he will destroy thy statutes, bring want 
 and misery to light, and bathe his hand in human blood; Father, 
 create him not." And Mercy, kneeling at the throne, answered: "Oh, 
 
135 
 
 create him, Father, and I will follow him, wherever he goes.; by his 
 errors he shall learn wisdom, and at last I will bring him back to 
 Thee." And man was created at the behest of Mercy. 
 
 And whatever may be said of the other noble attributes of man, 
 there is none that so fillS' his life and the lives of others with joy 
 while he remains here on earth; none that so prepares him for the 
 great beyond. The angel of mercy stood by the side of Abraham Lin- 
 coln in every act of his public and private life, and whipered: "Be 
 merciful, be merciful." And he was merciful. 
 
 When Robert E. Lee, the great man and greater statesman that 
 he was, surrendered his army at Appomattox in good faith, he would not 
 let his men go home and keep up a guerrilla warfare. Uupon hiSf decision 
 as to what should be done, rested tne peace of the South and the future 
 relation of the States. He was a soldier, a patriot, a statesman, and, 
 above all, the nobles handiwork of God, an honest man. He was not 
 blind to his duty by the hot blood of revenge and war still wrankling 
 in the breasts of many Southern gentlemen. He was not moved, by the 
 passions and prejudices of the hour. He stood like a stone wall for 
 the ultimate good of the South and the glory of the Union. Upon his 
 shoulders rested the destiny of the Southland, and it took a great 
 man to say to his men: "Go home; resume the vocations of peaceful 
 lives; be as faithful to the Republic a& you have been to the Ck)n 
 federacy." 
 
 And when certain men wanted Grant to take steps to arrest Lee 
 and charged him with treason, he said in no uncertain tones that 
 Robert E. Lee fought for the South because he thought it his duty; 
 that he was loyal to principle and true to honor and that such accu- 
 sation should not be made. 
 
 Lee and Grant were patriots. They stood upon the sublime 
 heights of manhood and duty. Their judgments were not warped. Their 
 devotion to duty could not be affected by the appeals of partisans. 
 The prosperity and the welfare of our country depended upon noble 
 and God-like action on their part. No particular section of the Union 
 to please, but a country to serve. And, gentlemen, I believe that you 
 will climb the sublime heights' of duty in this case, with no set cf men 
 to please, but your country to serve. 
 
 Men, I must soon close. I am going to- leave this case in your 
 hands. I am not r I'lty of that with which I am charged. The decision 
 of all the juries in all this world; the testimony of all the witnesses 
 in this land cannot make it so. The fact that I am innocent is un- 
 changeable. Some things change and some things never do. You, 
 gentlemen of the jury ,and the interested spectators in this court-room 
 are all passing on to the time when your existence will be no more. 
 You will scon have played your part in the great drama of life, and 
 you will soon step from the stage of action over the Rive Styx into 
 
136 
 
 the shadowy realms beyond. All the material things change, but 
 there is one thing that all the witnesses in all this world cannot 
 change, and that all the juries in the world cannot alter, and that is 
 that I am innocent o'f that with which I am charged. That fact will 
 live to the end of time. It is as changeless as eternity. 
 
 A PLEA FOR HONEST JUDGMENT. 
 
 These mad days, these prosecutions, will soon be over. Any 
 temporary advantage that may be given to either .political party by a 
 verdict of guilty or a veridct of not guilty will soon pass away. Pos- 
 terity will judge us by the rightfulness and the wrongfulness of our 
 course and conduct. And I fell, gentlemen, that the angel of justice 
 has been standing upon the very threshold of your hearts since this 
 trial began and saying almost aloud to your consciences: "Do justice 
 to this oppressed young man." 
 
 The prosecution expects you, gentlemen, to close your eyes to the 
 facts in this case, and expects you to convict me by reason of your 
 politics and what they have proven against others. You remember, 
 gentlemen, a great deal of the time of this court and your time were 
 occupied in listening to various witnesses proving what others did. 
 It is unfair to you and unfair to me to attempt to have you convict 
 me on the actions of others. I have suffered a great deal, gentlemen; 
 God alone knows how much, but it is not for what I have done, but 
 for what others have done. 
 
 You know I have suffered; I have been in prison nearly four years. 
 You gentlemen have been engaged in this trial not quite four weeks. 
 You have been in a kind of prison since that trial began. You have, 
 in a measure, been robbed of your liberty. You have been kept to- 
 gether and had' an officer over you; have been forced to stay all to- 
 gether and eat at the same table at the same time and to sleep in the 
 same room. I know that the days have hung heavily on your hands, 
 and that the nights have been long and weary. I know that you have 
 been eager to get back to your homes; been anxious to be with your 
 wives and children. They, too, have been thinking the time long and 
 are keeping eager eyes to see your approach; they will meet you with 
 open arms and tender caresses. 
 
 It has been a long time to them since they saw you; it has been a 
 long time to you since you saw them; but how short a time compared 
 with over three years, with twelve months in each year, and each month 
 having thirty long days and thirty long and wetary nights, all alone in a 
 prison cell, with the trash of the earth for your daily companions, and 
 with iron bars and steel walls to mock your very existence. There, In. 
 a lonesome cell, filled with foul air and creeping vermin and separated 
 from family and friends, hunted up and stared at by every vulgar 
 curiosity-seeker in the land; classed and treated as a criminal and 
 
137 
 
 "branded as an outlaw. Such an existence is a living death; it is a 
 million deaths. 
 
 Gen. Reuben Davis, of Mississippi, once said: "A prison cell has 
 horrors for me that the regions of the damned have not. The one is 
 the inhumanity of man to man; the other the just punishment inflicted 
 by an All-wise God for the infraction of His decrees." 
 
 And should any of you gentlemen be tempted to render a verdict 
 of guilty, and consign me to a living tomb for life, you should weigh 
 well its consequences, for as has been stated, the first, the middle 
 and the last consideration for a jury is the consequence of their 
 verdict. 
 
 APPEALS IN THE NAME OF HIS MOTHER. 
 
 I can see my poor mother now, who was unable, by reason of 
 physical infirmities, to attend this trial. She is sitting in her distant 
 home, with a face sallow, wrinkled and careworn from the responsi- 
 bilities of life and the worries and troubles caused by the unjust 
 prosecution of her son. With a frail and trembling hand she moves 
 back the white hair from her sorry-ridden brow. She casts her wait- 
 ing, watery eyes toward the scene of this trial and pleads with you, 
 though far away, to spare her son the burdens of further trials and dis- 
 honor. She pleads with you for justice to her son. She begs you not 
 to be frightened away from your plain duty by the cruel invectives 
 Tieaped upon his head by these gentlemen in the heat of argumnt. 
 She implores you not to blot out the good name she has earned for 
 her children; not to blacken the name of her home and family by a 
 verdict of guilty; not to bring into disrepute and dishonor the name 
 of her dead husband and his off-spring; not to hold up in shame and 
 blight the fondest hopes of her heart; not to scandalize the evening 
 of her life by throwing at the feet of her son the commission of such 
 an awful offense; when she knows that he could not be guilty of such 
 a deed. 
 
 She besseeches you to be led alone in your consideration in this 
 case by the lamplight of duty and not be tempted to outrage yourselves 
 and the innocenlt by political bias, partisan feeling or party advantage. 
 She begs you not to take her to an early grave in shame and hishonor; 
 not to cut her son down in the days of hiS' youth; not to extinguish 
 the dearest hope of her heart; not to erase every hope of happiness 
 for her and for him; not to bring down her mourning age into a grave 
 of despair; not to take from her that which is dearer than life itself, 
 and put upon her more than she can bear. She asks you not to reward 
 liars, nor put the badges of respectability upon the brow of perjurers 
 by your verdict; not to feed the greed of men upon the life-blood of 
 her son, or upon the vitals of our Commonwealth; not to walk ruth- 
 lessly upon broken homes and bodies;- not to poison or kill her peace 
 
138 
 
 on earth and blight and ruin her confidence in men; not to murder 
 your own souls and smite your own conscience. 
 
 This is the speech my mother makes to you. My words are barren 
 and weak in conveying to you her message, but I have done my best 
 and by your interest in this case you seem to say: "Stop. Speak no 
 more. Let us have this case. Let the work of justice begin, for it 
 has long been delayed. Stop, that we may right this wrong at once. 
 Speak no more, but give us an opportunity to tear the shackles from 
 your limbs; take the pallor of the dungeon from your cheeks, and ree- 
 store you to health and send you home to your mother's fireside." 
 
 And my prayer is, gentlemen, that the Giver of Light may remove 
 the mystery surrounding this case and reveal the truth to you as it 
 is. May He point out to you your duty and give you strength to do it — 
 yes, to liberate the suffering innocent and send an outraged boy back 
 to the country he loves and to the countrymen who love him. 
 
 I thank you, gentlemen, for your kind patience and indulgent 
 hearing. 
 
139 
 
 At the close of the speech of Mr. Powers many of the jurors were 
 in tears and there was scarcely a dry eye in the whole court-room. 
 Many Goebel Democrats came to him and expressed their belief in 
 his entire innnocence. 
 
 Upon the conclusion of Mr. Powers' speeech the government's at- 
 torney closed the argument for the State. It was then about 9:30 
 o'clock p. m. The Court directed the jury to retire and make a ver- 
 dict. The great throng of people in attendance lost none of the inter- 
 est manifested during the argument of the case and remained in ex- 
 pectation of a verdict. At 10 o'clock p. m. the Court directed that the 
 jury be brought into Court and having been asked if a verdict had 
 been reached, to which the foreman replied in the negative. When 
 Court convened the next morning, the jury was sent out for further 
 deliberation. Time wore slowly. The suspense was finally broken at 
 a little after 11 o'clock, the jury having notified tne Court that a ver- 
 dict had been reached. Mr. Powers was brought into Court. Presently 
 the jurors filed in, handing to the clerk the following verdict: "We, 
 the jury find the defendant guilty and fix his punishment at death." 
 Thus was concluded a criminal trail, lasting more than four weeks, and 
 in which there may be found abundant material for song and story, 
 weird, grotesque and tragic. What the final result in this case may 
 be we are unable to say. That matter addresses itself to the future, 
 to the sense and sound judgemnt of the Courts of this country. •# 
 
 It can be said, however, of Caleb Powers, that there has come to 
 him during his short life more of shadow and storm than has fallen 
 to the lot of any of his fellow men. And in the end, if ail is lost, the 
 fortitude, bravery and courage displayed by this young man throughout 
 this long and bitter struggle will live in the heart and memory of the 
 future generations, and willin some measure be a fitting mounment ta 
 the errors and passions of men, and in the language of Theodore 
 O'Hara, in his immortal tribute to the soldier dead, it will be said: 
 
 "Rest on embalmed and sainted dead 
 Dear as the life ye gave 
 No impious footsteps shall tread 
 The herbage of thy grave. 
 
 Nor shall thy memory be forgot 
 While fame her record keeps 
 And honor points the hallowed spot 
 Where valor proudly sleeps." 
 
 LLEWELLYN F. SINCLAIR. 
 
 Georgetow.n', Kv. ,!Sept. 21,1903. 
 
Hi) 
 
 EDITORIAL BY COLONEL BRECKINRIDGE ON 
 THE POWERS VERDICT 
 
 The following is an editorial, written for the Morning Herald, 
 "by Col. W. C. P. Breckinridge, one of the most resouceful and gifted 
 men of our age. He is a Democrat. 
 
 "The military court by whom Mrs. Surratt was condemned to be 
 -executed! for the assassination of Abraham Lincoln, and the secretary 
 of war who approved that sentence and the President who had it car- 
 ried out, stand condemned at the bar of the world and posterity 
 as the authors of a judicial murder. If Caleb Powers is hanged this 
 will be the verdict and judgment of the world on those who fabricated 
 the perjured testimony, who suborned the perjurers partly by bribery 
 and partly by promises of immunity and threats of punishment, on 
 those who delivered the testimony and on the tribunals before whom 
 he was tried and by whom he was condemned. The unreasoning preju- 
 dice of excited political hate, justifying its verdict by pretending cred- 
 ence in perjured testimony will not control that ultimate verdict of in- 
 fluence that settled judgment. 
 
 Caleb Powers committed grave and reprehensible mistakes; it was 
 a grave mistake to induce that body of men to come to Frankfort — 
 but it was not criminal and it was not intended to commit murder. 
 He was intemperate in speech — but so were many thousands of all 
 parties. His acceptance of the pardon and his attempted escape in 
 disguise and with an escort were extremely ill-advised; but neither 
 was criminal, and the unrelenting, implacable and unscrupulous pros- 
 ecution that he forsaw has proven that his jugdment of the course his 
 enemies would pursue was correct. The testimony concerning these 
 mistakes has been mostly adriotly and most unscrupulously woven 
 with the perjury of an infamous set of perjurored jurors under the 
 guidance of partisan courts have avowed justified conviction. 
 
 Truth is often lagard in divesting her fair limbs of the clothing of 
 falsehood, but she does at last appear in her own noble and convicing 
 majesty, and then those who have been deceived will be objects of 
 pity — those who deceived, objects of execration. 
 
 Powers was guilty of bringing the mountain men to Frankfort; 
 there was no casual connection between this and the assassination 
 of Goebel. We believe he was innocent of complicity in that crime; 
 tout his connection with the one act has been used as a pretenee for his 
 «onviction of the crime. To whom the rewards will be paid is not 
 
141 
 
 yet known; they have been as well earned as were the historic thirty 
 pieces of silver. 
 
 On the floor of the House of Representatives Gen. Butler destroyed' 
 the public career and drove into painful exile an eloquent and mucb 
 applauded counsel and politician. Gron. Brigham: "I decline to yield to 
 him who compassed the murder of an innocent woman." It may be- 
 that in the not remote future in the face of some ambitious participar 
 tor in the prosecution of Caleb Powers a similar retort will be flung." 
 
LBlVly'i3 
 
LIBRARY OF CONGRESS 
 
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