The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-28
kENTUcKY,s DISGRACE.

The second conviction of Caleb Powers
by partisan jury under a prejudiced and
unjust Judge upon fiimsy unsubstantial
and illegal testimony will stand among
the most disgraceful acts that have oc-
CURED in a State that has many such to
answer for. 1t will add another and a
strong instance to the argument of those
who oppose trial by jury. One Of the ar
guments Of the opponents of the system
has always been that juries may be packed
or swayed or controlled by a biased judge
to such an extent as to make their YER
diets worthless. Trial by a jury impartially
| selected and under a fair judge, who de-
cides every point raised according to law
and without bias, and who gives honest
instructions to the jury, is probably as
| fair a mode Of dispensing justice as can be
devised; but when all of these conditions
are ignored or violated trial by jury is
| worse than a farce, and in capital cases
may become legalized murder. Thomas
jefferson concluded that trial by jury is
the best Of all safeguards for the person.
| the property and the fame of every indi-
|
| by an unprejudiced jury and an honest
| Judge Picked juries have always been
/ held in detestation. "An officer" wrote
| Jefferson again, who selects jurors for
principles which necessarily lead to con-
demnation might as we'll lead his culprits
to the scaffold at once without the mock
cry of trial" Again he wrote: 'An Of
|
sacred duty of naming judges of life and
death for his fellow citizens and who Sc
lects them exclusively from among his po-
litical and party enemies. ought never to
| have in his power a second abuse of that
tremendous magnitude" These words fit
the Powers case as well as if they had
been written yesterday. The jury that
tried him was a packed jury, composed
| exclusively OF Democrats selected. not from
the regular panel, but from special list
made up by the sheriff for a special pur-
pose and with personal knowledge of their
politics and prejudces. If he was not act
ing under Instructions from the judge
there was at least perfect understand
ing between them that the jury was to be
organized to convict. 1T was just the kind
of jury that jefferson had in mind when
he wrote: "An officer who selects jurors
for principles which necessarily lead to
condemnation might as well lead his Gull
prits to the scaffold at once without the
mockery of trial.
This packed jury was dominated by a
judge as biased as they, and whose mind
was fully made up that Powers should be
convicted. or biased judges jefferson said:
1T is better to toss up cross and pile in a
cause than TO refer it to a judge whose
mind is warped by any motive whatever in
that particular case" This is true. for in
a toss-up to decide the question of inno-
cence or guilt by head or tall de-
PENDANT would have an even chance of
winning, whereas with a biased judge he
has none at ALL a judge who is filled with
political bias and judicial vindictiveness,
and who enters on the trial of a prisoner
determined to force a conviction, needs
only an opportunity to rival Lord Jeffreys,
who, in one term of the Bloody Assizes, -
condemned to the scaffold over five hundred
of his political opponents and boosted of
| niS acton. AS tar as the principle Is con-
cerned a single judicial murder or DELHI
crate prostitution of justice by a biased
Judge is bad as a thousand. Jeffreys
himself never showed more open bias
against a defendant and more fixed deter
mination to convict than Judge Cant-ill
did IN the Powers case.
The only compensating circumstance in
the case is that it happened in Kentucky
Considered ahstractly as a prostitution OF
justice by a biased judge and a packed
jury. it is a new argument against trial
by jury, but it's effect in this regard and
as a national disgrace is lessened by the
fact that IL happened in a State where
partisan interests and personal revenge
have always been held superior to law
The murder of Goebel by some drunken
mountaineer or irresponsible militiamar
was in accordance with political ethics
that have prevailed in the State from time
immemorial, and the conviction of Power.
by biased judge and packed jury is simply
an application under the pretended form.
, of law of principle which is recognized
feature of Kentucky civilization-the prin
ciple of the vendetta.