The Trial of- Caleb Powers at
Georgetown, Ky., Draw
ing te a Clese,
DEFENDANT IN A NERVOUS CONDITION
The Instructions Frem the Judge Are
Considered Entirely tee Severe By
the Defendant's Attorneys.
They Are Still Confident of a Ver
dict In Ilia Faver-Attorney
Slm JIInkPH the Opening
Speech for the Uefeuwe.
Georgetown, Ky., Aug. 15. The
final Instructions were read te the
jury nt 4 o'clock Tuesday afternoon
in the Powers trial, and Judge Jim
Sims made the opening speech te the
jury for the defense. Defendant Pow
ers is in such a nervous and critical
condition that Ids attorneys filed a
physician's affidavit that he was uu
uble te attend a night session of the
court, but Judge Cantrlll said a. cot
could be prepared for him and he
could lie down in the court room dur
ing the speeches. Powers was able
te lt up, however. The instructions
are considered by defendant's attor
neys as being entirely tee severe and
tend te lessen Powers' chances of ac
quittal, although they are still con
fident ef'n verdict in his favor. The
instructions are as follews:
"l.Theceurt instructs the jury thut
a criminal conspiracy is a corrupt
combination of two or mere persons
by concerted action te de an unlawful
act by unlawful means.
"2. The court further instructs the
jury that an accessory before the fact
is one, who, being absent at the time
the act is committed, procures, aids,
counsels, commands, advises or abets
another te commit it, and may be
taKen, tried and convicted, although
the person who committed the act is
never identified, apprehended or tried.
If the jury believe from the evidence
beyenda reasonable doubt thta the de
fendant, Caleb Powers, did in Frank
lin county and before the finding of
ihe indictment herein, unlawfully
and feloniously and with malice afore
thought and with intent te bring
about or te procure the death of
William Goebel, conspire with W. II.
Culton, V. V. Gelden, Green Gelden,
Jehn L. Powers, Jehn Davis, Charles
Flnley, W. S. Tayler, Henry Youtsey.
James Heward, Perry Heward, Har
lan Whittaker, Itlchard Combs, or any
one or mere of them, or ether person
or persons unknown te the jury, and
acting with them or either of them,
and did advise, counsel, encourage, nid
or procure Henry Youtsey, James
Heward, Perry Heward, Harlan Whit
taker, Kiehard Combs, or any of them,
or 'iny unknown person or persons
acting with them or either of them,
te unlawfully, wilfully, feloniously
and with malice aforethought, sheet
and kill William Goebel, and that in
pursuance of said conspiracy and in
pursuance te counsel, advice, encour
agement, aid or procurement, se as
aforesaid (riven by the defendant, the
said 'Henry Y(eutse,v, James Heward,
Berry Heward, Harlan Whittaker,
Blchard Combs., or ether person or
persons unknown te the jury, acting
with them or either or any of them,
did sheet and wound said William
Goebel with a gun or pistol leaded
with powder and leaden bullet or
ether hard substance and from which
sheeting and wounding the said Wil
lia'm Goebel did then and there with
in a year and a day die, they ought
te find the defendant guilty of mur
der and fix his punishment at death
' or confinement in the state peniten
tiary for life in their discretion.
"3. They ought te find the said Ca
Meb Powers guilty whether he was
present at the time of the sheeting
or wounding or net or whether the
identity of the person se sheeting
and wounding said William Goebel
be established or net; and if the jurj'
shall find the defendant guilty they
ought te fix his punishment as indi
cated in instruction Xb. 2."
Ne. 4 same as Ne. 3 except it pro
vides that it does net matter what
rhange, if any, was made by the con
spirators, if any was made, as te their
original designs or intentions or the
manner of accomplishing the unlaw
ful purpose of the conspiracy.
Ne. 5 same as Xe. 4 except it pro
vides the jury must find him guilty
although the jury may believe from
the evidence that at the time of the
sheeting, wounding and killing of
William Goebel the said Powers was
net present and the time of the kill
ing of said Goebel had net been defi
nitely fixed and agreed upon by the
conspirators, if there was a conspi
racy te kill Bald Goebel.
"The court instructs the jury that
If they belleve from, the evidence bs bs
yeud reasonable doubt, that the de
fendant, Caleb Powers, conspired with
W. H. Culton, F. H. Gelden, Green
Gelden, Jehn L. Powers, Jehn Davis,
Charlea Finley, W. S. Tayler, Henry
Youtsey, James Heward, Berry How Hew
ard, Harlan Whittaker, Richard
Combs, or any one or, mere of them,
or with some ether person or persons
unknown te the jury acting with
them or cither of them, te de some
unlawful act and that in pursuance
of such conspiracy of in furtherance
thereof of the said Henry Youtsey,
James Heward, Uerry Heward, Har
lan Whittaker, Richard Combs, or
some one of them or some ether per
son unknown te the jury acting with
them or with these who conspired
with the defendant, if any such can
piracy there was, p' de the unlawful
act, did sheet and kill William Oec-
Uiel, the defendant is guilty although
the jury may belleve from the evi
dence that the original purpose was
net te procure or bring about the
death of William Goebel but was for
some ether unlawful and criminal
"The jury can net convict the de
fendant upon the testimony of an
accomplice unless such testimony be
corroborated by ether evidence tend
ing te connect the defendant with
the commission of the elTeiibe; and
the corroboration is net sufficient if
it merely, shows that the offense was
committed and the circumstances
thereof. Every fact and circumstance
necessary te constitute the guilt of
the defendant ought te be prpved te
the satisfaction of the-jury beyond n
reasonable doubt; and unless the de
fendant has been se proven guilty be
yond a reasonable doubt, the jury
ought te find him net guilty."
FERREL IN COURT.
The Relf-CenfeHNeil Murderer of Rx
preHK MeftneiiKer I.ane 1'lendH
Marysville, O., Aug. If). Itessyln H.
Ferrel, Jhe self-confessed murderer
of Express Messenger l.ane, arrived
here and was placed in the county
juil without bend.
Throngs of curious people Mir
rounded the depot when the train ar
rived, nil craning their necks in an ef
fort te get a glimpse nt the cold celd cold
beooded murderer. Great excitement
prevailed, but no demonstrations were
made against the prisoner.
Ferrel was arraigned before Mayer
Hamilton en the charge of murder, n
warrant sworn te by W.W. Glenn and
G. D. Curtis, citing that he had mur
dered .Charles Lane. He entered a
pleu of net guilty and was remanded
te jail. It is probable that there will
be no special grand jury and that he
will net be given n hearing until the
regular' term of the court in Septem
ber. Stnnneh Friend of .Mexico.
City of Mexico, Aug. 15. News 'of
the (leu tli of Cellis P. Huntington
wna quickly communicated te Presi
dent Diaz, who was very much af
fected, for Mr. Huntington was h
staunch friend of this country and nt
the time of his death was negotiating
with the government regarding the
extension of his railway here. Mr.
Huntington's name was associated
with many large and substantial en
terprises here and he was the first
man te build a great railroad into
Mexico without a subsidy.
Twe ArreHtN Mnde.
Kenesha, Wis., Aug. IS. Wm. and
Mary Patterson, accused of abducting
little Ilnel Patterson, the 11-year-old
daughter of Mrs. Will L. Maleney,
were taken in custody by Chief of
Police O'Hare at Waukegan after an
exciting chase. The abductors, who
are brother and sister of Hael's fath
er, live in Wilkesbarre, Pa. They re
fuse te give their reasons for the at
Murder lu n IlenrdliiK Heuse.
St. Leuis, Aug. 15. Wm. Dixen,
aged 10, was shot and killed by Den
nis Burns, a boarder at the former's
home. Mrs. Mary Dixen, the mother
of the dead man, and Burns had
quarreled ever money matters and
young Dixen was about te sheet,
when Burns drew his revolver and
shot Dixen in the breast. Burns was
Taken Inte Cuntedy.
Washington, Aug. 15. A telegram
from the division pest office inspector
in charge at Chattanooga, Tenn., an
nounces the arrest, place net stated,
of i'ebert Leenard and Peny Gnincs
in connection with the recent attack
en the pest elllce at Mullatt, Fla.
The men have been held in $3,000
Twe SnldlerM Die of Yellow rover. .
Washington, Aug. 15. Gen. Weed
has informed the war department of
the dentil of Private Charles W. Mat
thews, of the hospital corps, at Pinar
del Rie en August 2, and of Private
Arthur Fasthoff, Company M, 1st in
fantry, at Guanajay en August 5j
both of yellow fever.
Hew lirymi Spent the Dny.
Chicago, Aug. 15. Mr. Bryan spent
the day in consultation with mem
bers of the democratic national com
mittee and with callers from differ
ent parts of the country. Among hi3
callers was United States Senater Ba
ker, of Kansas, who merely paid his
Identify Trnln Iiehberii.
Goedland, Kan., Aug. 15. The two
Union Pacific train robbers killed
near here last week arc believed te be
James and Themus Jenes, Missouri
and Texas desperadoes. There is a n
ward of $3,000 in Missouri and $500
in Texas for the Jenes brothers, dead
Jehn TV, Morten Dend.
Washington, Aug. 15. Secretnry
Gage received a telegram announcing
the death en July 15, at St. Paul Is
land, Bering sea, of apoplexy of Spe
cial Agent Jehn M. Morten, a son of
former Gov. Oliver P. Morten, of In
diana. He was buried en the is
land. Will Attempt te Adjust the Scale.
Detroit, Mich., Aug. 15. President
T. J. Shaffer and Secretary- Jehn Wil
liams of the Amalgamated Associa
tion of Metal Workers and about 10
members of the general committee
are here and will attempt te adjust
the puddlers and finishers scale
Hebhed of Her Dlumendi.
Paris, Tex., Aug. 13. Miss Bene
dctte Brady, of St. Leuis, was robbed
of $3,000 worth of diamonds en a,
train en route te San Antonie, Tex.,
before reath'ing Paris. -
The Allies Are New Said te Be
Within Sixteen Miles of
BUT LITTLE REAL OPPOSITION MET
The March Being Made In Intense
Hcut, But the Health of the
Troops Is Geed.
An Amerlcnn Mennted Ilnttery Id In
the VniiKuurd The Leuntleim
Denperntely Attacked mid
llut Few IK-feudera fceft.
Londen! Aug. 15. The only news
which takes the advance upon Peking
further than He-Si-Wu comes from
Paris. The Londen morning papers
contain nothing te confirm the French
report that the allies are within 10
miles of Peking, although a Chee-Foe
dispatch is printed saying that they
were within 27 miles of the goal en
Saturday. Confirming the report of
the urrlval of the international forces
at He-SI-Wu, the Daily Mall's corre
spondent adds: "The Chinese offered
little real opposition. The arrival of
the allies frustrated a determined at
tempt te advert tic course of' the
river. The heat is intense but tlu
health of the troops is geed."
A St. Petersburg special says: "The
latest news from Gen. Linevitch, com
manding the Russian troops in the
province of Pe-Chi-Li, is that the al
lies after the capture of Yang-Tsun
took one day's rest, and then, en Au
gust 7, a vanguard was formed con-
Seng . Mf IJ!? ing !,&,-
Sectien of the Map In Use in the War Deprrtment in Washington.
Distance from Tien-Tsin te Peking is 79 Miles.
slsting of one Siberian regiment, one
regiment of Bethnia Cossacks, three
battalions of Japanese infantry, one
Japanese sapper company and an
American mounted battery.
"In spite of the condition of the
read this column proceeded by forced
marches about 11 verts toward Pe
king, encountering at Man Tuang,
about 19 miles from the capital, a
Chinese detachment which fought for
antheur and a half. Finally the Chi
nese threw down their arms and fled
in a panic.
"When this news was sent beck all
the allies started forward in three
columns, with Cossacks in front and
en the flanks."
"The allied troops," says the St.
Petersburg correspondent of the
Times, "having en August 9 occupied
He-Si-Wu,. have new moved en to
ward Mu Chang without meeting any
great opposition. The artillery is be
ing moved satisfocterily, in spite of
the bad reads, which the Japanese are
engaged in repairing.
"The Chinese are new concentrated
at IIsing-Heh-Sien, where fighting
may be expected."
A special dispatch from Yang-Tsun
dnted August 7 reports the arrival of
supplies there sufficient te last 12
days. The dispatch adds that re re re
conneissancc show the Chinese arc
demoralized and have fled towards Pe
king. The American signal men arc 'keen
ing the telegraph wires intact along
the line of march in the face of great
About 50 per cent, of the wounded
are cases pronounced te be serious
by the attending physicians.
LEGATIONS AGAIN ATTACKED.
Very Few Defender Left Aecerd-
Inir te n DlNimteh Frem I'e
kliiK Dnted Ailir. N.
Londen, Aug. 13, A special dis
patch from Shanglia'l dated August 13
says numerous reports from Peking,
dated August 6, have arrived there de
scribing the situation at the Chi
nese capital. It appears the Chinese
are agaiu desperately attacking the
legations which had very few defend
It is also alleged that Trince Tuan
and n hundred high officials have left
Peking and that the news of the cap
ture of Yang-Tsun caused a heavy
exodus of the residents. Finally, Jt
U Bald, that the execution of .Cheng '
Yin Huan, the Cantonese who was
ipielai ambassador of China te Queen
Victeria's jubilee, has created wide
spread terror and it is believed te be
1 fact that Yu Lu, the former viceroy
of Chi Li, was killed in battle at
NO EASY TASK.
Whnt the Allien Are I.lnhle te ISn-
eeunter Ileferc They Ilench the
Washington, Aug. 15. While th
war department has no specific in
formation as te the future move
ments of Gen. Chaffee it is thought
he may have covered the 20 miles be
tween He-Si-Wu and Tung Chew. The
Pel river makes a great bend between
He-Si-Wu and Matew, the next town
of Importance en the read. It is a
low, marshy country where the river
doubles back en itself in its effort te
get forward. The read here cuts
across country, reducing about 23
miles of travel te 11 miles of deep and
almost impassable read journey
through 'swamps and quagmires.
Tills country presents no defensive
features but about eight miles be
yond Matew comes the important
city of Ching Chai Wan. This is n
strong defensive point where the Chi
nese will make a stand if they make
it at all this side of Peking. Frem
Ching Chai Wan it is practically uU
a continuous city for the next three
miles until the walled town of Tung
Chew is reached. Here are stored the
immense supplies of grain en which
Peking would depend in case of siege.
The city would be almost as hard te
carry as was Tien-Tsin, probably mere
se owing te the labryth of streets and
houses outside its walls where, in
case of determined resistance, mines
and ambuscudes of all sorts would
naturally be encountered at every
street corner. In case n determined
stand is made by the Chinese at thi?
point there is no question that the
international column will be forced
te wait for all the reserve force it
can command. But the ellieials here
are very much in hope that China will
come te reasonable terms before our
forces are committed te the extrem
ity of forcing this key te the gates
Mxrllnur lint Weather.
Kansas City, Me., Aug 13. The
southwest fairly sizzled Tuesday '.n
the hottest weather known for years.
The most intense heat was experi
enced in Southern Kansas, where the
temperature in nearly every town ex
ceeded 100 degrees. The maximum
was reached at Salina, where 112 de
grees was registered en the streets
and 103 in the shade. McPherson,
Kan., reported 107. In Kansas City
the government thermometer reached
94 at i o'clock, while street thermom
eters went up te 100. In Kansas the
corn leaves curled und cars are dying
PnekliiK IMniit Cloned Down.
Chicago, Aug. 15. The Internation
al Packing Ce., a plant at the stock
yards, was closed down temporarily
for repairs, throwing 1.000 men ou
of employment. Secretary Bearse an
nounced that the plant would resume
operations within two weeks.
Wild n Lender In Society.
City of Mexico, Aug. 15. The death
of the wife of Sebastian Camache,
minister of railroads of Mexico, en a
railroad train near New Yerk, caused
a profound sensation in social cir
cles here, where she was a leader in
Left Hoeker a Clear Field.
Jacksen, Miss., Aug. 15. Deme-,
crats of the Seventh Mississippi dis
trict nominated Cel. Charles E. Heek
er for congress. Mnj. Pat Henry, the
present incumbent, withdrew from
the race several days age.
Ilennlt of Heller Kx)iloleu.
New Orleans, Aug. 15. Jehn Koe Kee
nlg was killed, Mrs. E. Schwitzer bad
ly burned and seven ether persons
injured in a boiler explosion nt the
works of the Carbellneum Weed Pre
The republicans in the Fourth Ma
ryland congressional district nomi
nated Charles It. Schirm, of Baltimore,
for congress. The district is new rep
resented by James W. Denny, demo
INTERESTING NEWS ITEMS.
It is announced that the Shah of
Persia has obundened his proposed
visit te Berlin.
Jeseph E. Itansdell was nominated
for congress by the democratic pri
maries of the Fifth Louisiana dis
trict. The gunboat Mayflower, having en
beard Gov. Charles II. Allen, of Perte
Rice, sailed from the Charlestown na
vy yard for that Island.
A big forest fire has been raging
six miles west of Seuth Ferk, Cel.,
for three weeks and millions of feet
of finest timber in the state is burn
ing. TUESDAY'S NEWS IN BRIEF.
Four boatmen en the steamer Hill
City were drowned at Blue Point
Ex-Senater Jehn J. Ingalls is crit
ically ill at Les Vegas, N. M., whither
he went for his health.
The funeral services ever the re
mains of Lord Chief Justice Itussell
in Londen, was attended by several
Anether message has been received
at the state department from Minis
ter Cenger, at Peking. Its contents
have net been made public.
Cellis P. Huntington, president of
the Southern Pacific railroad, died at
Pine Knet Camp, near Durant, en
Bacquette lake, in the Adlrendaeks.
The Chinese troops are demoral
ized and offer but little resistance te
the relief column. The big battle, if
any is te be fought, will take place
A semi-official dispatch from Tien
Tsin dated August 8 announces that
during the night of July 31 the bom
bardment of the foreign legations in
Peking was resumed.
At Jamestown, 0., A. G. Bingamen,
a popular business man, shot anil
killed his wife and his son-in-law,
James Bradley. He then went te the
barn and fatally shot himself. Fam
ily troubles the cause of the tragedy.
THE NATIONAL GAME.
IMf (hIiiii-kIi anil Ilovten Kneh Wen
Twe Gnnieii und St. Leu In
the Other One.
In'gs. 1 2 3 4 5 G 7 3 9 10 K. II. E.
Chicago. 0 2 2000001 1 G 12 3
llosten. 000002210 2 7 12 2
Batteries Tayler and Chance; Cup-
py and Sullivan. Umpire Hurst.
Innings 1 2 3 4 5 G B. II. E.
Chicago 01300 26 9 3
Bo-ten 0 0 0 13 37 8 2
Batteries Menefee and Dexter;
Dineen, It-vvis and Sullivan. Umpire
Innings. 1 2 3 t 5 6 7 S 9 K. H E.
Pittsburg. 0 0 0 1 2 0 2 u 5 s J
Xew Yerk. 0 0 0 0 0 0 0 0 00 A 1
B.itteries Leever and Schriver.
.Mercer and Grady. Umpire Swart Swart
weed. innings, i j t e e i u n u. i
Pittsburg, e i e 3 e 3 e e 7 7 i
Xew Yerk. 0 0 0 0 0 0 10 0-1 3 G
Batteries Chesbro and O'Connor;
Innings. 12 3 15 6 79 It II. E,
Haw ley and P.ewerman. Umpire
Iiinins.'". 1 2 3 4 5 G 7 S 9 II H B.
St. Leuis. 01220100 0 1 1
Philad'pa. 0 00000011 211
Batteries Yennir and Criiftr; 0:th
and Murphy. Umpire Terry.
Iliiv The j Stmiil.
Clubs. Wep. Lest.
St. Leuis ...
Xew Yerk 33
Cincinnati, Aug. 14.
TLOUB. Spring fancy, $3.60(3 s0;
spring family, $3.10(T3.40; spring pat
ent, $4(54.50; winter fancy, $22.214.171.124;
winter family, 3(e 3.25; winter patent,
?3.S5t; extra, $2.25(u2.50; low grade.
2JT2.20; northwestern rye, $2.'jet(t)
3.10; de city, $3(a3.ie,
GKAI.W Wheat: Xe. 2 red quo
table at 75U.C en track. Cern: Sale.:
Xe. 2 mixed, track, 41c; Xe. 2 yellow,
track, 41c; Xe. 2 white, track, 42' e;
sample white, track, 41 c. Oats:
Sales: Xe. 2 mixed, track, 22', c, de,
22V-e. Itye: Sales: Xe. 2, track, S'ie.
LIVE STOCK. Heirs: Select blnn-
persv ?5.40; select butchers, $5.35fti
5.40; fair te geed packers, S5.30(y5..i5;
fair te geed light, $5.30(a5.45; com
mon and roughs, $4.50(25.15. Cattle:
Fair te geed shippers, $4.75(?r5.25;
geed te choice butchers, $l.G5(e5.10;
fair te medium butchers, $4(g4.50;
common, $3.253.75. Sheep: Bxtras,
$3.?54; geed te choice, ?3(g3.75;
common te fair, $2.25(g2.90. Lambs:
Extras, none en sale; geed te choice,
J5(rG; common te fair, $3.754.35.
Veal Calves: Fair te geed light, $r,(i
G.75; common and large, $3.75(35.75.
Chieuge, Aug. 14. Wheat: Xe. 2
red, 7GiA(e77c; Xe. 3 de, 727Gc; Xe.
2 hard winter, 7173c; Xe. 1 northern
iprlng, 7.TJi(e77Vic; Xe. 2 de, 74V4
75c; Xe. 3 spring, 7074c. Cern:
Xe. 2, 30V4c; Xe. 3, 39J4C Oats: Xe.
2, 224c; Ne. 3, 23c.
East Buffalo, Aug. 14. Receipts:
Cattle 225 cars; sheep and lambs, 35
cars; hogs, 80 cars, cattle, geed te
best, $5.C05.80; geed te choice
butcher sUers, 4,654.00; common
cows, S22.50; spring lambs, cheice
te extra, $5,75(g6( mixed sheep, $4.23
3J4.50; heavy hogs, $3.453.55 pl
$3.65(5:0,70. ,. v ,
Cleanses the System
Gently and Effectually
when bilious or costive.
resents in tJte most acceptablecum
the .iratre principles of plants
Aneffn te act most beneficially.
TO GET ITS BENEFICIAL EFFECTS
BUY THE GENUINE MANFD. BY
CALIFORNIA FIG STRUPCO.
SAN FRANCISCO, CAL.
10UISVIUEVKY NEW YORK. N.Y.
fertile iy druggists price SO per betlle.
State National Bank,
OF MAYSVILLE, KV.
CaplLul Mleek, $100,000
DOES A GENERAL HAXKIXG JiVSTA'ESS
"AMl'EL M HALL,
C'HA D.J'EAttCE. JAS. X.KIRK,
JOHN W. PORTER. J.H. CUMMINGS.
PORTER & CUMMINGS.
11 E. Second street.
Mrs. A. V. Paris,
III - ,. -
((( JuaysMie, Ky.
li5- ; sJ
UAVSVI. IK DIMMOV.
1 IV i m
All trains i1hI i .(''iu Mimlie.
Allim ALS AT UAVNVII l.l .
r Ne 18 le-trtam
Ne. I. 1:11 pin
liit Ne, 1 V10 p ml
l Ne. ai SWnmt
I Ne. 1 le.n p m
Ne. 19 S f0 a nit
Ne. I 6:20 a m
WrtNu. 17 s:60anl
Ne. 3 VJOpxu
Ne. 15 4 30 p mi
Ilall DhII.v etrepi Sunday
, ! Carllile nml
CI'IN VTI ItilLVVAY
V A I'AKI AVP K. C
r. m. :
1 15 5 45 '
5 (a i m i
6:17 10 : i
7.10 11 Jl Ur
CV-Vi .V.V.4 TI,
Ticket en iinle at the C. ana
O. button in tliU cltrfer all
points en tills read, flours ut
arrival ami departure are at
CUICAOO, ST. LOt IR AND
s.30 a m
m p m
7.20 h ni
12 jQp m
..Chicago, St. Leuli. Peoria...
...... Chicago Special. .........
..St. Leuis, i'cerliu.......
13 00 pm
'Dally, nally except .nniliiT.
bWaeulnct 'laltlmer, f
l'hllan p 1 1. New Yera-.l
2.-00 a a
uigHiHtirri pi virien.
BOttTH, WKar. BOtTTHWHT.
8 50 a m
.ev n m
7:) a u
47:no p r
S:M p n
11-.S1 a m
:30 a sa
s.is a m
LOQlaVlllft anil Jaffarann vlll
LeuUT'e, Mem., New Orleans
.-... iieuiivuie ....... .
Dally, tDlly except Sunday,
i ( y i i r flYlfc
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