The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-03
IN THE GossIP's CORNER.
Salve. Senator Cantrill!

Salve, Senator Cantrill!
You have earned the toga; now for the
delivery Of the goods But it must be
lifted out of the mire of Frankfort as it
has been raised from the filth of George
town. 1t is not a spotless garment; but it
will do 1t will do, and perchance the
Legislature will help you cleanse it some
what-somehow.
Caleb Powers has been, again, convicted
as an accessory before the fact to the
murder of William Goebel, sometime Sena-
tor of Kentucky. Again, too, the sentence
has been fixed at life Imprisonment. Again
a motion for new trial has been made
and overruled. Again the preliminary steps
to appeal are under way. Again the
friends of Powers, the friends of Finley,
the friends of Taylor. having faith in the
final triumph Of right and justice, turn their
eyes hopefully. if with that hope deferred
which maketh the heart sick, to the future,
knowing that
Truth forever on the scaffold,
Wrong forever on the throne,
Yet that scaffOd sways the future,
And beyond the dim Unknown
Standeth God within the shadow,
Keeping watch above His own"
xxx
the jury, delivered at Georgetown on Fri
day. Oct. %, Judge Cantriu used these
words:
1.-The defendant should not be convicted
on the testimony of an accomplice unless
corrobOrated."
Section al of the Criminal Code Of Ken
lucky reads as follows:
"A conviction cannot be had upon the
testimony of an accomplice unless corrobor-
ated by other evidence tending 20 connect
the defendant with the commission Of the
offence; and the confederation is not sufi-
cient if il merely show that the offence
was committed and the circumstances
thereof"
Robertson, Kentucky Criminal Law and
Procedure, Vol II. Section $685. says:
"In giving instructions the court should
follow the language of the CODE
This was supported and amplifed by the
Court Of Appeals for Kentucky in a de-
cision by Justice Thomas H. Hines. as
found in so Kentucky. Page $40, Craft vs..
Commonwealth, as follows:
Jury should have been instructed in the
language, substantially of Section 24l al
ready quoted, ard in effect as asked by
counsel for appellant"
The procedure and finding of the lower
court were reversed.
1t does not require mind legally trained
to discover that Judge Cantril erred. IL
he did not deliberately transcend the law.
In failing to charge the jury lin the Ian
gUage Of the code" The language OF the
court in the case OF Craft VS. Common
wealth, hereinbefore mentioned. was not
so grave a deviation from the language OF
that instrument that OF Judge Cantril
in the case of Commonwealth VS.. Powers.
If Powers was not foreordained TO convic-
ton, which many Of US believe, he was
at least convicted on the testimony Of al
legged accomplices, but scantily cOrrbora-
tive. Judge Cantrin by his charge left to
the jury to judge OF the nature of that
confederation and how far IL should be
considered. Meanwhile. the victim Ian
guishes in prison, penniless. but not alto
gether friendless. though most OF his friends
are. like himself. poor. 1t will cost thou
sand dollars TO get the record Of his case
before the Court OF Appeals. and his friends
are now concerning themselves with the
raising OF that sum- And that is but the
beginning.
There are few representative Southern
homes in which a copy-or copies-of
Rudyard Kipling's poems is not 10 be found.
for the South admires Mr. Kipling. His
virility appeals to the Southern spirit and
his stirring war poems are much beloved in
a land where military ardor is great. There
fore. before the South commits itself past
redemption over the Washington incident.
let It take down its weil-thumbed volume