The age-herald., 1901-11-03

of the alleged murders of William Goebel.
 .On this subject Thomas Jefferson wrote, An officer who is intrusted by the law with the sacred duty of naming judges of life and death for his fellow citizens and who selects them from among his political and party friends, ought never to have in his power a second abuse of that tremendous magnitude
 Roasts Judge cantrllI.
 Docs not the action of the Court of Appeals of Kentucky in It's reversal of the initial convictions in Judge CantriIl' s court, emphasize the contention of the Governor of this commonwealth that these men sought to be extradited can not secure a fair and just hearing? Judge Cantrill, candidate for a United States Senatorship instructed a jury that 1t might convict on the testimony of one all leged accomplice if that testimony was corroborated by that of another alleged aocomplice; that it might convict the de- fendant for the act of another man. to which the defendant had never agreed, and which was not the necessary or prob able consequence that the trial court compelled the defendant to answer the prosecutors questions in relation to other crimes than the one for which he was mitted the specially employed attorney nlittetQ the SpeCldlly empioyeu dllOhLSy for the prosecution to make an impa5- stoned plea to the jury to hang the de- fendant on accusations entirely outside of the record. To such a per version of justice will not consent to consign any citizen of this commonwealth, be his residence temporary or permanent.
 '"The monstrous rulings and instructions of the court, with it's vicious oartisanship further represented by jury unanim ous- Ixy do f1P ahaI ia nf itself sufficient cause for a refusal of your request but added to this. have on file letters and protests form many representative Democrats of your state, prominent in the organization of the party and from editors of Democratic newspapers. universally condemnlng the persecution in the Goebel 'rials as a travesty upon justice and urging that no acquisitions be honored for Mir Fay Tor and MT. Finley until reason has re- stunned sway and the good name of Kon- lucky in its procedures under the law in its courts be restored.
 The Caleb Powers Trial.
 'I had hoped the trial of Caleb Powers, just concluded. would demonstrate the efforts of the prosecution were ready to determine who the murderers of Mir. Goebel were in way that would con- vince the people of the country of a sincere determination to this end; that the Jury would be selected for it's integri- ty rather than It's partisanship; that the court would remember it's obligations as a judge rather than It's aspirations for a senatorship; that the rules of evidence having universal recognition in all the States of the republic would be followed in this latest trial especially in view of the reversal of the court of appeals in the former trials. It Is deep disappointment that the utter disregard of justice which marked the previous trial was as notori- ous in the second trial of Powers as in the first. Consequently I can only voice my condemnation thereof by refusing to honor your acquisition which in effect would make me a party to the conviction and punishment of two reputable citizens of Indiana
 When assurances of fair and impar- tial trial Of Messrs. Taylor and Finley shall be given by the trial of those now in Kentucky under indictment for par tfcipation in the assassination of MT. Goebel and the record of the procedure shall show that an impartial judge sat on the bench and non-partisan jurors filled the box, your acquisitions will be honored.
 Until the time comes that justice is meted out to those now under the jurisdic- tion of the courts of Kentucky, a requisi- tion leading to such travesty upon jus tice as the last trial of Caleb Powers presented, will not be honored by the sur render of citizens of Indiana by an off, cial act of mine. Respectfully,
 ''WUNFILD T. DURBTN,
 Governor of Indiana.
 ''To His Excellency. J. C. W. Beckham, Governor of Kentucky"