The age-herald., 1901-10-11
CALEB POWERS
 IS PUT ON TRIAL The Court 0verrules His Motion
 for a Continuance THREE JURORS SELECTED The Entire Day Taken Up In Efforts at Pcstponement and the First
 Jurors Are Selected After
 Nine O'Clock.
THREE JURORS SELECTED.

Georgetown, Ky, October 10.-At the opening of court today attorneys for Caleb Powers said they were unable to complete the affidavit on the motion for continuance because. the jailor refused permission to :. see their client after 6 o'clock last night. They asked further time and the court granted them until p. m. Only fifteen days remain of this term. The other trial took forty-five days.
 The judge said 1t was an injustice to the witnesses on both sides and a big expense to the State to delay matters un- less there was going to be a trial. He said he wanted to indulge the defense and would give them until o'clock this afternoon to complete their affidavit. MT. Kinkaid said they would try and have 1t ready by that time. The judge then ad- journed court and ordered the petit jury and witnesses to return promptly at o'clock.
 When court convened at 3 o'clock MT. Kinkaid for the defense announced that they had not completed the defendants affidavit.
 When court opened again at p. m. MT. Kinkaid submitted twenty-six pages of the affidavit typewritten on legal cap paper and said that while the rest could be finished by z o'clock he thought the defense would probably ask more time in which to file supplementary affidavit. Judge Cantrill said 1t would be time enough to talk about the supplementary affidavit when the other was finished.
 odf 1ad
 When court convened at 7:30 the stem ographers had finished transcribing the thirty-four page affidavit of the defense alleging the absence Of many witnesses material to the case, setting forth their testimony and asking a continuance upon the ground that the trial could not be properly proceeded with. If the court proceeds with the trial it said the com monwealth will of course have to admit that witnesses absent would, if here. tes- tify on all questions.
 The court suggested that the common prosecuting attorneys were allowed to re- tire for consultation.
 At 815 the lawyers for both sides re- turned to the court room and then the court took the affidavit and retired to the consultation room to look over 1t. The affidavit recites that, relying upon the ruling of the court at Frankfort when he continued the Howard case upon the motion of the defense, that the case did not stand for trial at that term because the appellate courts mandate ordering a new trial had not been properly filed, the defense had not exercised the diligence in getting ready for, trial that would have been exercised had not Judge Cantrill so ruled. The affidavit contains about twelve thousand words.
 Judge Cantrili returned at o'clock and Judge Morton, for the defense, was the first to speak on the affidavit. He touched upon the fact that Powers has had the misfortune to have lost several of his attorneys and had secured new ones only few days ago. MT. Franklin. for the prosecution, said ample time had been given the defense and amplifled his argu- ment.
 Judge Sims of the defense said: "The defendant has sworn that he believes that the full effect of the testimony of those absent witnesses cannot be given unless they are examined orally, and the ends of justice demand that this young man on trial for his life be given a chance to get the full benefit of this testimony"
 The court overruled the motion. The defense then asked for the admission of the truth of the testimony of the wit nesses now absent. as set forth in the affidavit.
 we don't admit it." said MT. Frank lin.
 Call the jurors" said the court, and the case proceeded.
 Three men are accepted temporarily as jurors.
 Judge Cantrill then adjourned till to- morrow.