326 



KENTUCKY. 



prisonment for life. The sentence was "hard 

 labor for life." The jury was composed of 11 

 Democrats, 3 of whom were opposed to the Goebel 

 faction, and 1 Republican. A motion for a new 

 trial was overruled by Judge Cantrill, Aug. 24. 

 James Howard was tried in September. The 

 prosecution endeavored to show that he fired the 

 shot that killed Senator Goebel. The jury in the 

 case reported, Sept. 25, that they were unable to 

 reach a verdict. The judge sent them back for 

 further deliberation, and the next day they gave 

 a verdict finding him guilty and fixing the death 

 penalty. It was explained that the jury were 

 agreed at the first ballot on the verdict of guilty, 

 the disagreement being on the question of punish- 

 ment. There was 1 Republican on this jury and 

 there were 11 Democrats, 2 of whom were of the 

 anti-Goebel faction. Henry E. Youtsey's trial was 

 called Oct. 2, but it was delayed somewhat by the 

 illness and apparently demented condition of the 

 defendant. Testimony was introduced by the de- 

 fense to show that Golden had said he was to get 

 $5.000 for his evidence, and that if he could see 

 Col. Campbell he could get $10,000, and that Cul- 

 ton had said he had a contract for immunity, and 

 that Golden had " got them all into trouble be- 

 cause he wanted a part of the $100.000." Oct. 20 

 the jury brought in a verdict of guilty, fixing the 

 punishment at imprisonment for life. The defense 

 filed a motion for arrest of judgment, and the sec-, 

 ond day of the February term was set for the 

 hearing. 



Legislative Sessions. The Legislature met 

 for its regular session Jan. 2, and the final ad- 

 journment was taken March 13. An incident at 

 the opening of the session is given as follows: 

 " In the Senate caucus Senator Barrel created a 

 sensation by declaring that he had been ap- 

 proached by J. H. Whallen, of Louisville, an anti- 

 Goebel leader, and paid $4,500 to remain out of 

 the caucus. The money, he said, had been placed 

 in a box with the Louisville Trust Company, the 

 key to which he passed up to Senator Goebel, who 

 was presiding over the caucus. Harrel concluded 

 by declaring that he had entered into the deal 

 for the purpose of exposing Whallen, and further 

 that there was not money enough in the world 

 to make him disloyal to his party and his State." 

 The matter went to the grand jury. J. H. Whallen 

 and C. H. Ryan were indicted for attempt at 

 bribery. An indictment was afterward found 

 against Mr. Harrel for obtaining money on false 

 pretenses. It was asserted that Harrel made the 

 first advances, representing that he was possessed 

 of evidence that would stop the contest, and would 

 use it for the consideration named; and an agree- 

 ment to that effect was exhibited, signed by the 

 parties to the contract. Whallen declared there 

 was no question of Barrel's vote. 



Senator Goebel was elected president pro tern. 

 of the Senate, and South Trimble Speaker of the 

 House, by the vote of 58 Democrats against 42 

 Republicans. 



The Governor submitted a message giving rea- 

 sons for the repeal of the Goebel election law, 

 which he called the " infamy of 1898 that had 

 demoralized, disturbed, and disgraced the State." 

 He recited at length how many citizens he believed 

 had been disfranchised, and declared that even 

 after the ballots were cast there was injustice in 

 counting the votes and in making the returns. 

 He pointed out the great danger to the common- 

 wealth of having all the power at elections vested 

 in any one party to the exclusion of all other 

 parties. The Governor recommended a new State 

 Capitol, a stringent law against lynching and 

 all mob violence, prohibition of the use as well 



as the sale of cigarettes, and a separate prison 

 for women. 



Notices of contest for the offices of Governor 

 and Lieutenant Governor were served in behalf of 

 the Democratic candidates in the election of 1899. 

 Nine grounds of contest were named in the notice, 

 as follow : 



1. Alleged use of tissue ballots in 40 counties. 



2. Military interference with the election, and 

 intimidation of voters in Jefferson County by 

 troops under orders and personal command of . 

 Gov. Bradley. 



3. Alleged unlawful issuance of mandatory in- 

 junctions by Judge Toney in Louisville on Election 

 Day by which election officers were compelled to 

 sign false returns. 



4. Intimidation of railroad employees by chief 

 officers of the Louisville and Nashville Railroad 

 in several counties. 



5. That the leaders of the Republican party cor- 

 ruptly entered into a conspiracy with the Louis- 

 ville and Nashville Railroad, the American Book 

 Trust, and other corporations and trusts, by which 

 these corporations furnished large sums of money 

 for the purpose of defeating the contestant. 



6. Alleged unlawful issuance of mandatory in- 

 junctions in Knox and Lewis Counties, compelling 

 county election boards to certify to false returns. 



7. Alleged interference of United States mar- 

 shals in the elections which was the result of a 

 conspiracy between the marshals and the Repub- 

 lican leaders to intimidate the voters. 



8. That before the meeting of State election com- 

 missioners, Dec. 4, the Louisville and Nashville 

 Railroad, through its paid agent, John H. Whallen, 

 entered into a conspiracy with the Republican 

 leaders to bring to the State Capitol large bodies 

 of desperadoes to intimidate and overawe the elec- 

 tion commissioners into giving the certificates of 

 election to the Republican candidates; that Gov. 

 Bradley had here for like purposes soldiers in citi- 

 zen's clothing, etc. 



9. That the Jefferson County election commis- 

 sioners were forced through threats of personal 

 violence and incendiarism, inspired by the Louis- 

 ville and Nashville Railroad, to sign returns which 

 were not true. 



The notice asserted that any one of these 

 grounds was sufficient to change the result of the 

 election. 



J. S. C. Blackburn was the choice of the Demo- 

 cratic caucus as the successor of Senator Lindsay 

 in the United States Senate. William O. Bradley 

 was the nominee of the Republican members. Mr. 

 Blackburn was elected by a vote of 79 to 54. 



According to a law of 1898, committees to try 

 the gubernatorial contests were chosen by lot. The 

 Clerk of the House was accused of manipulating 

 the names, placing those of Democrats in one end 

 and drawing from that end or having them thin 

 drawn. Ten of the eleven members of the com- 

 mittee on the contest for Governor and nine of 

 the eleven on Lieutenant Governor were favorable 

 to the Democratic contestants, according to the 

 newspaper statements. "In the drawing over the 

 formation of the legislative contested election com 

 mitlees the results were somewhat more evenly 

 divided. In the case of the two senatorial contest- 

 the Republicans got only one member out of nine 

 of each committee, but in the House they got 

 majorities of ten out of eighteen committees to 1 r \ 

 contests." 



The former rules were amended so that the com 

 mittees on the contest might be called upon to 

 report at any time by the Committee on Rules. 



After the assassination of Senator Goebel, Gov. 

 Taylor issued the following address: 



