The Montgomery advertiser., 1901-11-03

and which was not the necessary or prop
 able consequence of anything to which
 the defendant had agreed. It Is remar-
 kable that the trial court compelled the
 defendant to answer the prosecutor questions in relation to other crimes than the one for which he was on trial, and
 then, over protests, permitted the special
 Iy employed attorney for the prosecution
 to make an impassioned plea to the jury
 to hang the defendant on accusations en-
 tireIy outside of the record. To such
 perversion of justice l will not consent to
 consign any citizen of this commonwealth
 be his residence temporary or permanent.
 "The monstrous ruling and instructions
 of the court with it's vicious partisanship
 represented by jury unanimously made
 up of Goebel Democrats, Is Of itself suf-
 flcient cause for a refusal of your re-
 ouisition but added to this, l have on
 file letters and protests from many rep
 resentative Democrats of your State
 prom .nent in the organization of the party
 and from editors of Democratic news
 papers, universally condemning the perse-
 cution in the Goebel trial sas travesty
 upon justice. and urging that no re-
 auisitions be honored Aor MT. Taylor and
 Mr. Finley until reason has resumed
 sway and the good name of Kentucky
 in its procedures under the law in its
 courts be restored.
 Il had hoped the trial of Caleb Powers,
 just concluded, would demonstrate that
 the efforts of the prosecution were really to determine who the murderers of Mir. Goebel were in a way that would con- vince the people of the country of a sincere determination to this end; that the jury would be selected for its. in- segrity rather than its partisanship; that the court would remember its obligations i,,In rath han for a Senatorship; that the rulss of 'evi- dence having universal reorganization in all the States of the republic would be followed in this latest trial, especially in view of the-Teversal of the Court oi Appeals in the former trials. It is a deer disappointment that the utter disregard of justice which marked the previous trial was as notorious in the second trial of powers as in the first. Consequently l can only voice my condemnation thereof | by refusing to honor your requisition, | which, in effect. would make me party 1 to the conviction and punishment of two reputable citizens of Indiana.
 When better assurances of fair and | impartial trial of Messrs Taylor and Fin | ley shall be given by the trial of those now in Kentucky under indictment for | participation in the assassination of MT. | Goebel and the record of the procedure snaH snow that an impartial Juage sdi oii | the bench and that non-partisan jurors | hll the box, your requisition will be honored. Until the time comes that justice Is | meted out to those now under the juris- | diction of the courts of Kentucky a | requisition leading to such a traversity | on justice as the last trial of CalebPowerS l presented will not be honored by the sur
 render of citizens of Indiana by an of | ficial act of mine. Respectfully, Winfield T. Durbin, l Governor of Indiana. | "To His Excellency, J. c. w. Beckham Governor of Kentucky, Frankfort | Ky"