Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1900-08-16
CANTRILL'S CHARGE
To the Jury in the Powers Case
At Georgetown.

jury for the defense.
Defendant Powers was in such
nervous and critical condition
that his attorneys filed physici-
ans affidavit that he was unable
to attend the session, but Judge
Cantrell said cot would be pro-
vided for him to lie down in the
court room during the speeches.
Powers was able to set up tonight,
The instructions are considered
by the defendants attorneys as en-
tirely too severe, and tend to les
sen Powers chance of acquittal,
although they are still confident of
verdict in his favor.
The court instructed the jury
that criminal conspiracy was a
corrupt combination between two
or more persons by concerted ac-
ton to do an unlawful act, or to
do a lawful act by unlawful means.
The court further instructed the
Jury that an accessory before the
fact was one who being absent at
the time the act was committed,
procures, aids, counsels, commands
advises or abets another to commit
it, and he may be taken, tried and
convicted although the person who
committed the act is never identi-
fed, apprehended or tried.
If the jury believes from the ev-
idence beyond a reasonable doubt
the defendant, Caleb Powers, did
in Franklin county and before the
finding of the indictment, unlaw-
fully, and with intent to bring
about or procure the death of
William Goebel. and conspire with
w. H. Culton, f. w. Golden, Jno
l.. Powers, Green Golden, John
Davis, Charles Finley, w, 5. Tay-
lor, Henry | Youtsey, James How
ard, Berry Howard, Harlan Whit
taker, Richard Combs, or any or
all of them, or other person or per-
sons unknown to the jury, and ac-
ting with them or either of them. |
and did advise, counsel, encourage
aid or procure any of them or any |
unknown person or persons acting
with them or either of them to Kill
Goebel, and that in pur-
suance of said conspiracy any of
them did snoot William Goebel, |
they ought to frd the defendant |
guilty of murder and fix his pun
ishmenf at death or confinement |
in the state prison for life in their
They ought to find
said Caleb Powers guilty, wheth-
or he was present at the time of
said shooting or not, or whether
the identity of the person so shoe
ing Goebel be established or not.
1t does not matter what change
vas made by the conspirators as to
heir original designs or inten-
ions or the manner of accomp-
ishing the unlawful purpose of
he conspiracy.
The jury must find him guilty,
although the jury may believe
rom the evidence at the time of
he shooting Powers was not pres
INT at the shooting, and the time
IF the killing of said Goebel had
lot been definitely fixed by the
if there was a conspi
'acy to kill Goebel.
The court instructs the Jury ifl
hey believe from the evidence be-
'ond a reasonable doubt that the
defendant, Caleb Powers, conspir-
ID with the co-defendants to do
ONE unlawful act, and in pursu-
nee of such conspiracy or in fur
herance thereof one of them or
ONE other person unknown to the
ury octing with them did shoot
nd kill William Goebel, the de-
endant is guilty, although the ju-
y may believe from the evidence
he original purpose was not to
procure or bring about the death
# Willipm Goebel, but for some
'ther unlawful or criminal pur-
DOse.
The jury cannot convict the de-
endant upon the testimony of an
ccomplice, unless such testimony
'e corroborated by other evidence
to connect the defendant
nth the commission of the often
e.; and the confederation is not
if it merely shows an
ffense was committed and the
circumstances thereof. Every
act and circumstance necessary
D constitute the guilt of the defen-
ant ought to be proved to the
abstraction of the jury beyond a
easonable doubt, and unless the
efendant has been so proven
uilty beyond reasonable doubt
he Jury ought to find him not