The Montgomery advertiser., 1901-10-26
THE ARGUMENT BEGINS
POWERS TRIAL IS DRAWING TO A CLOSE.
Judge Cantrill's Charge to the Jury Was Strongly for Conviction. Judge Norton Speaks for
 the Defense.

Georgetown, Ky, Oct. 25.-The end of the Caleb Powers trial now seems to be in sight. The defense offered no tes- timony on rebuttal
 Judge Cantrill ordered the attorneys on both sides to submit their instructions this morning at Il o'clock and he will make his instructions to the jury from the two sets submitted
 At $ o'clock this morning special train on the Kentucky Midland Railroad 1 took the jury trying Powers to Frankfort
 to view the scene of the murder. The jury was accompanied by Caleb Powers and two of his counsel. John w.
 Douglas ard F. Sinclair; Judge Cantrill, Ccmmonwealth's Attorney Franklin and
 representing the State and four Deputy Sheriffs.
 The argument will begin this afternoon
 and 1t is expected the case will go to the jury some time tomorrow morning
 Judge Cantrill has limited the speaking to four hours on a side. There Will be
 three speakers for the State and three for the defense
 At 2:15 D. m. Judge Cantrill instructed
 the jury that the acts and declarations
 of every conspirator. indicted with Pow CTS. were the acts and declarauons Of Powers and that if the bringing or the mountain army to Frankfort was due to Powers and if that act resulted in Goe- bells death, the prisoner should be found
 guilty. If the jury believed Goebers t1 death | resulted from conspiracy, even though | the original intention of the conspirators
 was not to kill Goebel, and the defend- | ant was absent when the shooting oc- | cured the defendant should be found | guilty. The instructions were strongly | for conviction.
 | The arguments began at 2:45 p. m..
 with four hours allowed to each side. | Judge Jere Norton of Lexington made l the opening speech for the defense. He pictured vividly the blighted career of l the young defendant, his strenuous 1 struggle against poverty. his steady rise l until the fulfillment of his ambitions
 was almost within his grasp, the con | test for his honestly won office ana the ] danger that even a cool headed young
 man was in under such circumstances | The Judge read a number of letters writ ten by Powers to his friends. h one of the letters which were introduced as ey- idence by the State, Powers said. We have been honestly elected. l will htht before 1 give up' In another he said: 'I would rather that we should nshd anu be free than submit and be slaves.
 These words are fit for inscription upon the monument of Nathan Hale, said Judge Norton. ''The State should not wish to destroy a young man who voices such sentiments. sentiments that veins. Such a man is credit to his State and to his country. He should be preserved and given his liberty and rights"
 Colonel Campbell. who followed Judge Norton for the prosecution, was inter and court suspended until p. m.
 Colonel Campbell concluded his argu- ment at the night session and Colonel Owens of the defense spoke two hours Court adjourned at 10:30 D. m. Common wealths Attorney Franklin will make the closing argument for the State and the case will go to the jury about noon tomorrow.