Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-06
REoulslTloN is REFUSED.
Governor Of Indiana Will Not Honor
Request for Tavlor

\
w. T. Durbin, in lengthy commune
cation addressed to Governor j. c. w
Beckham of Kentucky. refuses to grant
the requisition for the extradition of
ex- Governor William S. Taylor and
Charles w. Finley, who have been in
dicted by Kentucky courts for COM
plicity in the murder of Governor Will
liam Goebel.
The text of Governor Durbins letter
to the governor of Kentucky follows:
For the second time requisition has
been presented to the governor of this
commonwealth. issued by your authori-
ty, asking for the extradition of Will
liam S. Taylor and Charles W. Finley.
alleged fugitives from justice from the
state of Kentucky and at this time re-
siding in the state of Indiana. The in
dictment presented charges these men
with being accessories before the fact
to the willful murder of William Goe-
bel. 1 respectfully decline to honor the
acquisitions.
THE reasons given for similar ac-
ton on the part of my predecessor. the
lamented Ex-Governor Mount, still OBJ
tain in a pertinent manner as basis
for this refusal, reinforced, as they are,
by events that have occurred since that
time. which only tend to establish the
conviction to those who believe in equal
and exact justice under the law to all
men that the time has not yet arrived
within the environments of this prose-
cution whereby an unprecedented and
non-partisan hearing of trial could he
had
II choose to make use of the right and
the duty as the executive of the COM
monwealth to exercise discretionary
power of refusal to the end that the
purposes of persecution, which seem to
be the conspicuous feature of this pros-
ecution, may not force these men before
court partisan to the extreme of vim
dictiveness and G jury organized for
conviction in it's personnel and impanel-
ment.
The assassination of the late William
Goebel was monstrous crime, deplored
as / believe by every citizen of Indiana
and of the republic. The spirit of assas-
sination is the twin of anarchy. II all
lowed to go UNPUBLISHED there could be
no more serious crime than that citi-
zen Of a state or the official representa-
tive OF the commonwealth In any capa-
city should be foully murdered as the
result OF conspiracy or as an individu
al act.
81 have given careful and conscien-
tious consideration to the evidence pro-
duced in the case, already heard CT the
personal accusation of completely In the
murder Of William Goebel 50 far as has
been placed in my hands by the attor-
neys for the prosecution. and I unhesi-
tatingly affirm that conviction based
upon such mars of self-evident per-.
jury reflects the poisoned passions of
court and jury and strengthens the be-
lief that were those acquisitions hon
ored / would be only aiding the deter
mination of the prosecution to convict
these men without any reference to law,
justice or fact.
can not cause a man from whom the
presumption of innocence should never
be stripped, except by legal methods, TO
be subjected to the rapine OF political
persecution.
kentucky is commonwealth revered
for its high sense of justice and honor;
it has given to the jurisprudence Of the
country some OF the ablest lawyers OF
the nation; it has honorable representa-
ton on the supreme bench; 1t is the
birthplace OF Abraham Lincoln, the en-
hodiment of justice, who dedicated his
life to securing the rights Of all men
under the law.
ut is state wherein generally justice
has been signally exemplified in the
practice and purposes of courts, and this
honorable record only emphasizes in
conspicuous comparison the odious acts
which, In the trial court of Judge Cant
rill, has been permitted in the name OF
law where the life and liberty of citizens
are at stake Can fair trial be had for
these men under the Indictment? What
was the object in appropriatinE $780,
GOO for the conviction of the suspected
murderers of William Goebel? Does not
the evidence demonstrate that a portion
Of this sum has been paid for perjury?
In the recent trial Of Caleb Powers why
should judicial proprieties have been
outraged by the refusal OF Judge Can't
ril to give change OF venue from ms
hearing? Why should jury OF twelve
partisans of the late Mr.. Goebel be Sc
lected to try the cause at bar?
.'In striking contract to the ultra par
t;sanship of the Kentucky judge and
Jury. recall an example of the profound
sense OF justice that characterized
case, largely political in it's character,
that came before the federal court IN
shortly after the war when
party spirit was at its zenith. The dem
ocratic treasurer Of Jennings county
was on trial. Gen. Harrison appeared
for the prosecution and Ex-Governor
Hendricks for the defense. The regular
panel of jurymen was in the box. Judge
Walter @. Gresham was on the bench.
Mr. Hendricks first appealed to the court
for a political poll OF the jury, and then
for a special jury to be composed OF an
equal number from the democratic. and
republican parties.
Judge Gresham, an ardent republic
an, promptly granted the request and
new fury was impaneled, as asked for
~ Mr.. Hendricks. Compare this act OF
Justice, based on the proposition that no
.olitical prejudice or advantage should
,nter into the jury box, with the record
Il the court and jury on the cases that
nave so far had hearing in the trials
,f the alleged murderers of Mr.. Goebei.o
Short kilograms.
A killing frost. the first of the season.
ell Sunday night at Denton. Tex.