The age-herald., 1901-11-12
Gov Beckham Charges Him With Being Accessory to
 Gold B|oOded Murder
SAYS HE VIOLATED HIS OATH
Matter Will Be Taken to the Courts and Mandamus Proceedings Re-
 sorted to to Compel Tay- / 7 tf Ior's Surrender.

Frankfort, November Il. - Governor Beckham tonight addressed to Governor Durbin of Indiana a letter replying to the criticism by that executive of the courts and officials of Kentucky in his recent letter refusing to honor the requi- sition for Taylor and Finley, wanted for alleged complicity in the assassination or Governor Goebe
 He severely arraigns Durbin for his re- fusal charging that in doing so he vio- lated his oath of office to support the constitution tf the United States and that he became party after the fact to the most infamous crime in the his- tory of this state, the cold-blooded and dastardly murder of an eminent and dis tinguished citizen of Kentucky"
 The Kentucky executive also charges that Governor Durbin's action in refus- ing was the result of political bargain made before his election to office ana characterizes his charges against the courts and officials of Kentucky as slanderous and unexcusable misrepresen- tations.
 He takes the stand that the governor of state has no discretionary power but only .,p1inisterial power. in the hon. bring or legally drawn acquisitions from other states and this is taken here as an indication that steps will shortly be taken in the courts to compel Durbin by mandamus to honor the acquisitions. IT such proceedings are instituted they will be in the courts of Indiana and taken on appeal to the Supreme court.
 The Governors Letter.
 In addressing Governor Durbin Cover nor Beckham says:
 "Frankfort, Ky.. November 3, 1901.
 Sir: Your refusal to honor the requisi- tions some time ago sent you by me- asking for the extradition of w. s. Tay- Tor and Charles Finley, fugitives rom Justice of this state, charged with being accessories to the murder of William Goebel was not unexpected, but the re- markable letter with which you accom- panied the return of the papers, was ln- deed a surprise to me and l sincerely re- gret the necessity of this reply.
 It is true I had been reliably informed that YOU had incurred campaign obliga- tions which committed you to the protec- tion of these two valuable adjuncts to your political fortunes, and that they had been promised immunity from arrest un- der requisitions from Kentucky authori- ties in the event of your election as gov ernor You are at least entitled to the credit of having faithfully carried out your reputed agreem ent with them, how ever, in doing so you have violated your oath of office and brought discredit upon ha h oh rocitiOn hold. But even with this understanding of your embar- rassing position, confronted as you were on the one side by law and justice. and on the other by a miserable political bargain, I could not believe that you would so far forget the dignity and obli- gations of your office and the courteous relations that exist among the chief ex- ecutives of the various states as to go out of the way to offer a gratuatious in- suit to the people of Kentucky and to cast a reflection upon the courts and public officials of the state. If these slanderous charges had come from you as one individual then they would be treated with the silent contempt they so justly deserve but as they come from you as the governor of a great state I shall not hesitate to hold you up to public scorn. and show how unjust and unfounded are the willful and inexcusa- ble misrepresentatipns in your letter.
 Disregarded the Constitution.
 Passing on from showing how you have disregarded the constitution and law of your country, | will proceed to show how you have perverted the record in the recent trial of Caleb Powers and sought by such action to bring discredit upon an honorable and upright judge whose life of public service has been un- stained by single dishonorable act and whose character as man and as a jurist stands unimpeached among the good peo- pie of this State. -
 You criticise the recent trial of Powers and denounce Judge Cantrill for his in- structions to the jury You say in your letter he instructed 1t that it might con vict on the testimony of one alleged ac- complice if Chat testimony was corrobo- rated by that of another alleged accom- plice, that it might convict the defendant for the act of another man to which the defendant had never agreed etc. To show how untrue the statement is I pro- duce from the records the exact instruc- ton of the judge in that case on this point:
 'Eighth-The jury cannot convict the defendant upon the testimony of an ac- complice or of accomplices unless the testimony Is corroborated by other evi- dence tending to connect the defendant with the commission of the offense, and the corroboration is not sufficient if 1t merely shows that the offense was com mitted and the circumstances thereof
 ''Is this manly way to convict any one? Is it right and proper to manufac- ture evidence to blacken. if possible. his character? You insinuate, too that the judge has been influenced on his trials of these cases by his aspirations as a candi- date for the United States Senate. If ru- nor speak true. you are not above sus-