The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-08-19
He Had Become Convinced that Pow
ers Is All Campbell and Golden
Had Painted Him to Be.
DEFENDANT WAS OVERCOME
BUT HE QUICKLY RECOVERED HIS
woNTED COMPosURE.
Says the Verdict Is Unjust-Hfs At
torneys VIII Take an Appeal
Youtscy's Case May Not Be Tried.

GEORGETOWN, KY, Aug. 1s.-'We, the
jury, find the defendant guilty and fix his
punishment at confinement in the peniten-
tiary for the rest of his natural life."
This was the wording of the verdict in
the case of ex-Secretary of State Caleb
Powers, charged with being an accessory
before the. fact to the murder of William
Goebel The jury retired at 1872 and re-
turned it's verdict at 2:25. having been out
only ffty-three minutes. Juror Craig stat
ed afterward that the verdict could have
been returned even sooner. but considerable
time was taken up in reading the instruc-
tions.
The vote in favor of life sentence was
unanimous.
When the jury retired the belief was
general that the members would fail to
agree. and in this opinion the defendant
himself was firmly convinced.
When the verdict of guilty was returned.
Powers, for the first time during the weary
six weeks Of the trial, betrayed his feel
ings. Under all of the trying incidents
Of the trial he had maintained change
less expression. the same whether things
were going favorably or against him. The
verdict of guilty. however. apparently stag
gered him. He was sizing near the door
of the juryroom and when the Jurors
knocked on the door summonIng the sheriff
his face took on an anxious look that was
noticeable, but did not seem to be particu-
larly apprehensive. When the twelve men
filed into the room and took their seats,
as Clerk Powers called the roll Of jurors,
the prisoner did not appear to be more
excited than the vast throng of spectators
who craned their necks to catch a first
intimation of the verdict.
Have you made verdict, gentlemen"
| inquired the court.
I'VE have" the jurors assented, and at
| the same time Mr.. Stone, the foreman,
| passed the verdict up to the clerk, who
read 1t aloud. Powers, always pale, grew
| CHASTITY as the verdict was read and his
| face betokened great mental anguish. This
| was only for few seconds. however and
then somewhat regaining his composure he
| turned to the Misses Dangerfield, who had
been in conversation with him, and said: ct
| was not expecting that. The verdict Is un-
| just
WILL TAKE AN APPEAL.
| There was no sort of demonstration fol-
| lowing the verdict, and the vast crowd
| filed out of the courthouse almost in ST.
| lence. Powers remained in the courtroom
| for some time after the verdict was rem
| dered, in conference with his attorneys,
| who will at once move for another trial and
! falling in that will take an appeal
| When the jurymen entered the jury
| room Juror Stone, the oldest man on the
| panel, was elected foreman. Juror Porter,
| the only Republican on the jury, the first
| TO speak, said: Gentlemen, / am Repub-
| lican and have said that did not believe
| Goebels murder was the result of con-
l spiracy. I did not think Caleb Powers
| could be guilty, but have heard the evil
| dence and am convinced he is"
Others also made talks and 1t is said that
| one of the men Of the jury intimated that
he thought the death penalty ought to be
/ inflicted. However, when a ballot was
| taken, all twelve of the Jurors voted for
| life Imprisonment.
The jury which sat in the case was COM
posed of eight Goebel Democrats, three
anti-Goebel Democrats and one Republic
an, as follows: ]. G. Stone, farmer, anti
| Goebel; Harris Mussellman. farmer. anti
Goebel; w. o. Tinder, farmer. anti-Goebel
| A. w. Craig, merchant, Democrat; W. p
| Munson, farmer. Democrat; w. H. Old
ham, merchant, Democrat; Ben Ford,
| farmer. Democrat: George Murphy. Demo-
crat: ]. T. Mulberry. farmer. Democrat;
J. t. Crosswait, carpenter Democrat;
Alonzo Kemper. farmer. Democrat, and ].
c. Porter. school teacher, Republican.
One of the jurors said tonight that the
jurymen were Influenced in making up their
verdict by many things in the evidence. but
that some OF the chief points were Pow
erss own admission on the stand that he
organized the crowd of 1900 armed noun
taineers which came to Frankfort Jan. Is:
his corroboration of parts of the testimony
Of Noaks, Golden and Culton: the proof
that he gave Youtsey the key and that the
shot was fired from his office.
It is doubtful whether the Youtsey case
will be tried, though IL will be called Mon
day. Mr.. Crawford, of the defense made a
statement in court this afternoon that
Youtsey. according TO the advice of his
physician, is still threatened with typhoid
fever. One OF his attorneys-John NJ.
Stevenson-is also i'll of typhoid fever. and
Mr.. Crawford said he could not say this
afternoon whether the defense will be
ready Monday or not. In the event the
Youtsey case is continued one of the other
cases. either Davis, Whitaker or Combs.
will be taken UP.
THE FINAL ARGUMENT.
The last day OF the trial found the court
house more densely packed than ever.
while hundreds who applied for admission
were turned away. Commonwealths At
torney Franklin. who closed the case for
the State. began the final argument in
the case at $50. He promised in advance
not to deal in personal vilhcation and
abuse. which had characterized the
speeches of some of the attorneys Dur.
ing the presentation Of the case by Mr.