The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-19


the jury, find the defendant guilty
and Tx his punishment nj coniine-
mcnt in the penitcntinry for the rest
of his natural me-"
This was the wording OF the verdict In
tho case OF ox.Seeretary OF State Caleb
Powers, charged with being an accessory
before the fact OF the murder OF william
Goebel. The jury retired at 90 and re-
turned i,s verdict at 2.e5, hayiug been Out
only htty-three minutes. Juror Craig stated
afterwards that tho verdict could have been
returned even sooner, but considerable time
was taken up in reading the Instructions
The voto for d lleo sentence was unanimous
When the jury retired the belief was gen
eral thnt tho jury would fail to agree, and
in this opinion the defendant himself was
firmly convinced.
When tho verdict OF guilty was returned,
Powers, for the first time during the weary
six weeks Of the triad. betrayed his feelings,
Under all ct tho tryps incidents OF the trial
DO had maintained < changoess expression,
the same whether things were going favor
ably or against HIM The verdict Of guilty.
however apparently Staggered him. lie was
sitting near the door OF the jury room and
when the Jurors Knocked on the door SUM
mcnlng the sheriff his face took on an anx-
lous look that was noticeable, but he DID
not seem to be particularly apprehensiye
When tbo twelve mJn filed into the room
and took their seats as Clerk Penn called
the roll Of Jurors thh prisoner id NOT APP
pear to be more excited than The vast throng
OF SPECTATORS vino cr3ued their nerks to
catch the first intmsiion Of the verdict
Have s-l maGe u verdict gentlemen"
inquired the court
''we have" tho jutors assented. and al
the same tine MI Stogs, the foreman. Iassed
the verdict 90 the cie ~ VINO read u aloud
Fowets, always pan grew gaaEily aa
sooi tho verdict was read, and MS lace
hotokened great mental anguish. TINS was
only for a few seconds however, ana then,
somewhat rcgaining his composure he turned
to the Misses Daneerheid, who had neeh IN
conversation win him, and SAID. ! was
not expecting that The verdict rs unJuEi
There was no sort OF demonstration fol-
loving the verdict and the vast crowd hiea
out OF the court house almost IN silence
Powers remained in tho court room Tor some
,irae sitter the verdict was rendered, IN con
terence with his attorney, who WA 40 once
move for a new triRi aad ialips ia that'
When tie iuryinen entered the room, Juror
Stone, the Oldest man on the panel was
elected foreman.
Juror Porter, the o-Iy rcpublican
ON che jury, was The first To spea'S,
publican and have said that ola
not believe Iiocbers murder was the
result OF conspiracy. ala not
think Caleb Powers cOnld he guilty,
but / have heard the evidence and
nm convinced hc is"
Others also mado talks, and it is said that
ono Of tho men lutmated thut he Thought
Tho death penalty ought to be innlrtea'
However. when q ballot was taken an tWel's
Of the Jurors voted for lire Imprisonment.
The jury which sat IN the case WAS com
POSED OF e.gnt democrats, three ahl!-uoeoeI
democrats and one republican, as follows
j. G.. Stone farmer, ant-Goebel demo
crat: Harris Musselman, antl-Goobel demo-
crat. farmer; w o. Under, farmer, anti
Goebel democrat a. w Crals' melchanl,
democrat, ben Ford. farmer democrat
George Murphy. democrat. W. p. Mnlson,
farmer, democrat; w. II. Oldham, merchant
Democrat. j. I. Mulberry, farmer democrat;
j. I. Crosswait, carpenter. democrat; AIonzo
kemper, farmer, democrat, ana J. Z. Porter,
school teacher. republican,
one OF the Jurors sad tonight that the
iurymen were influenced In making up their
verdict by many things IN the evidence, but
that some OF the chief points We're Powers
own admission on the staAd taGt he organ
| 2ed the crowd OF 1900 armed mountaiueeIs
which came to Frankfort january TO- ma cor
| rohorat,on Of part of the testimony OF
| Noakes Golden and Culton, the proof that
! he gave Youtsey the key and thaL The snot
was fired from his Office II Is doubtful
whether the You;sey case VIII be tried,
! though It will be called Monday
Mir Crawford Of the defense made a state
| meut in court this afternoon thal foutsey.
| according TO the advice OF MS phys-elan. -
| sin threatened with typhSid leVer one oil
| his attorneys. John NJ SteNensoA' IS al3G
! m OF typhoid fever ana ar. Crawford said
| he could not say this afternoon whether the
defense VIII be ready Monday OF no IA
| the event the Youtsey case q continued one
| OF the other cases. either Davis Whitaker
OF Combs viii be taken up.
| Commonwealth Attorney tranklln, VINO
closed the case fer the state hegan the ma!
| argument Ia the case at $3.50 O'Clock. lie
| promised In advance not to zeal IN the per-
sonal vilifcatlon and abuse winch had CHAR
acterzed the speeches OF soMe OF tne at
During the presentation OF the Gaze by Mr..
| Franklin. Powers sat as usual with his coun-
| sci, and his face did not onea change color
/ as the attorney went through tho evidence
| and held w to the jury the most Important
points against the defendant
/ powers was faultlessly dressed In hElt
| clothes and was an intent listener TO every
! word OF he speaker. Just behind him sat
Mrs Henry Youtsey wife Of enc OF the al
! legged consprators. Arthur Goehel oecupled
| a seat with the prosecution and Senator Har-
! bison The successor OF Goabel In iha senate
! aud his law partner. sa. in the rear OF M
/ Franklin said that the statement OF facts
admitted nv Powers showed him gully o.
treason even prior to the murder OF Goeoel-
Powers though ho had nken an oath when
( sworn IN as secretary Of state that he would
U
OF the State had confessed on the witness
stand that he and those assoc ated with him
/ m ant to defy at least one Of those laws
and. In furthpranoe OF that design. he or
ganized q band OF braves for the purnoso
OF intimidation aud mul Ger. When hon the
murder and Intimidation had failed IN its
nurpose. Powers and others bad tried 10 over
throw the state government The spectacle
o. an ex-governor Of the state trelfrrinz
to Brown defending a man who hal con-
fessed as much as Powers he said was both
surprising and humil atng,
Replying 10 The charge Of the defense that
the evidence had failed 10 connoct Powers
with Youtsey, Franklin approached tho pris-
oner and with dramatic gestures and man
ner said:
"Tho crime OF the murder OF Goebel is but
little less IN degree than your crime 10
Youtsey. You gave him that KEY; under
your influence YoutSey went All the while
that vcn were consnsriDr with Youtsov TO
have Gosbe killed yor were cnnspr.ng 70
DOVER un your ewn guilt AMI to let that fall
The argument was concluded at 1882 Judge