The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-12

Frankfort, Ky, November 11.-Goyernor
Bcckham tonight addressed to Governor
purbln Of Indiana a letter replying TO the
criticisms by that executive of the courts
and officials of Kentucky IN his recent
letter refusing to honor the requlstion for
Taylor aud Finley, wanted for alleged conf
pllcity in the assassination Of Governor
Gocbcl
He severely nrralgncd Durbin for his
refusal, charging that IN doing so he VIC
lated his oath OF office TO support the con
stltuton OF the United States aud that he
became "a party after tho fact to the
most infamous crime in the history OF this
state, the cold bloodcd and dastardly muir
der or an eminent and distinguished citizen
Of Kentucky"
The Kentucky executive also charges that
Governor Durbins action In refusing was
the result OF political bargain made be-
fore his election to office and characterizes
his charges against he courts and officials
OF Kentucky as slandsrous and lnexcusn-
bic misrepresentation.
He takes the stand that n governor OF
State has no discretionary power but
only ministerial power in the honoring of
legally drawn acquisitions from other
States and this is taken here as an indicn-
uon that steps will shortly be taken In
the courts to compel Durbin by mandamus
to honor the acquisitions. II such proceed
lngs urc instituted they viii be In the
courts of Indiana and taken on appeal to
tho supreme court.
In addressing Governor Durbn, Governor
Boclsham says.
"Frankfort Ky, November o, 1901 Sir
H.. al
,lme ago sent You by me. asking for the
cxtradlton Of w. s. Taylor and Charles
Finley, fugitlves from Justice from this
state, charged with being accessories to
the murder Of william Gocbel, was not
unexpected, but the remarkable letter with
which you accompanied the return OF the
papers was indeed a surprise to me, and I
sincerely regret the necessity OF this re-
ply.
"IT is TRUE I HAD BEEN RELIABLY
| INFORMED THAT You HAD INCURRED
! CAMPAIGN DELEGATIONS WHICH cont
MITTED YOU TO PROTECTION or
THESE TWO VALUABLE ADJUNCTS TO
YOUR POLITICAL FORTUNES, AND
THAT THEY HAD BEEN PROMISEn
IMMUNITY FROM ARREST UNDER
REQU1SGTfoNS FROM KENTUCKY Az.
HUM ! lf1 IN lliE y ' lAN L VIZ lpbh
ELECTION AS GOVERNOR. You are Mt
east entitled to the credit Of having faith
fully carried out your reputed agreement
with them. However, IN doing 80 YOU
HAVE VIOLATED YOUR OATH or OF
FICE AND BROUGHT DIScREDIT UPON
THE HIGH POSITION YOU HOLD. But
even with this understanding Of your en-
barrassng position, confronted as YOU were
!
on the other by a miserable political bar.
gain, ] could not believe that you would SO
far forget the dignity and obligations Of
your office and the courteous relations that
exist among the chief executives Of the vnrl-
Gus States AZ to 20 out Of your way to
offer gratuitous insult to the people OF
Kentucky, and TO cast reflection upon
the courts and public officials Of the State.
II these slanderous charges had come from
you rs one individual then they would be
treated with the silent contempt they so
trstiy deserve hut AS THEY COME FROM
YOU As THE GOVERNOR OF A GREAT
| STATE, SHALL NOT HESITATE TO
HOLD YOU UP no PUBLIC SCOitN AND
SHOW HOW UNJUST AND UNBOUND
ED ARE THE wILIFUI AND INExCUs.
| ABLE NEUTRALITY-SUSPICIOUS. IN YOUR
| LETTER.
Passing on from showing how You have
disrcgarded the constitution and law Of your
country, I will proceed to show how you
have perverted the record In the recent trial
Of Caleb Powers and sought by such action
to bring discredlt upon an honorable ant
upright Judge whose life of public service
has been unstained by single dishonor
able act, and whose character as a mar
and ms a jurist stands unimpeached among
the good people of this state,
"You critcise the recent trial OF Pow
ers and denounce Judge Cantrill for hi
instructions 10 the jury. You say in you
letter he instructed II that ut might con
Wet on the testimony OF one alleged &C
complete if that testimony was corroborate,
by that of another alleged accomplish; tina
II might convict the defendant for the &C
of another man, 10 which the defendn
had never agreed etc
ITO show now untrue the statement Is
, produce from the record the exact In
structlon of the Judge in that case on thi
point:
"'Elght Of the Jury can not convict tn