The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-15
TRIAL Of CALEB POWERS
Judge Cantrlll Read Final Instructions 10
Jury.
JUDGE SIMS OPENED The ARGUMENT
Defendnnfs ATTORNEYS Filed Aff-
dnyit that lie WINS Not We'll
Enough to Attend Night Session.

Georgetown. KY, August 1.-THE fual
instructions were read to the jury by
Judge Cantrll at o'clock today in the
Powers trial and Judge James Sims made
the opening argument for the defense
Defendant Powers is in such nervous
and critical condition thht his attorneys
filed physicians affidavit that he was
unable to attend 4 night session of the
court, but Judge cantrill said a cot could
be provided for him and he could lie down
In the court room during the speeches.
Powers was able to sit up, tonight, how
ever.
The instructions to the jury were con-
sidcred by defendants attorneys entirely
too severe and as tending to lessen Pow
ers' chances Of acquittal, although they
are still confident Of a verdict in his favor.
instruction No. tells the jury that ii
they believe from the evidence that
Caleb Powers with intent TO bring about
or to produce the death of William Goebel,
Conspred with W. II. Culton, e. ".
Golden, Green Golden, John T. Powers.
John Davis Charles Finley, W. S. lay
or Henry Youtsey. James Howard. Berry
Howard, Harland Whitaker. Richard
Combs or any one or more of them, or
other person or persons unknown to the
jury, and acting with them or either OF
them did advise, counsel, encourage, "a
or procure the persons named or any OF
them or Hny unknown person or persons
acting with them or either of them TO kill
William Goehel, and that in pursuance OF
said conspiracy aud in pursuance to conn
sci. advice, encouragement or aid given by
the defendant Henry Youtsey, lamei
Howard, Berry Howard, Harland Whit
taker, Richard Combs or other person on
persons unknown to The jury, acting with
them or either or any of them, did HI
William Goehel, they ought 20 find the
defendant guilty Of murder and fix hi!
punishment at death or confinement In
the State penitentiary for life in their s
erection. They ought to find the said
Caleb Powers guilty whether he was pres
ent at the time Of the shooting or wound
/ ing. or not, or whether the identity of tht
person 80 shooting and wcundinE said
/ William Goebel be established or not,
! Instruction No. 4 provides that Il does
not matter what change, II any. WAS made
by the oonsprators, If any was made. at
to their original designs or intentions o.
I the manner of accomplishing the unlawfu
4 purpose OF the conspiracy.
! No, . provides the jury must hni Pow
ers guilty although the jury may be
I lieve from the evidence that at the tim'
OF the shooting Of Goehel, Powers was no
present and though the time OF the KILN,
OF Goebel had not been definitely fixed an'
agreed upon by the consprators II ther
was a conspiracy to kill Goebel.
The court instructs the jury that II he
believe from the evidence that the de
fendent Powers consplred with other per
sons TO do some unlawful act in pursuanc
Of which William Goebel was killed Ia
defendant is guilty although the jury ma,
believe from the evidence that the oiig
inal purpose was not TO procure or hrln
about the death OF William Goehel. BIZ
was for some other unlawful and crlmlns
purpose.
Judge Sims, in his speech tonight sal
the proof in the case h2d not borne o.
the statement OF the case made for IN
commonwealth By Colonel T. @. Campbell
He dllated at length on Coolman's testi
mony. that II the fall OF the bullet va
1916 OF an inch in passing throug
Goebels body It could only have been IRE
from point seven feet above Powers
office window.