The age-herald., 1901-11-03
In a Ringing Letter to GOr' Beckham He DeRounces
 Judge cantTiI|
HIS PERVERSION OF JUSTICE
Rulings and instructions of Court He Says Wore Monstroue-When a Falr TrIai Is Possible Requl-
 sltions Will Be Honored.

Indianapolis. November Ex-Governor w. T. Durbin, in a lengthy communication addressed to Governor Beckham of Ken lucky. refuses to grant the requisition for the extradition of ex-Governor Wm. s. Taylor and Charles W. Finley, who have been indicted by Kentucky courts for compncity in the murder of Governor Win Goebel.
 The text of Governor Durbins letter to the Governor of Kentucky follows:
 Indianapolis. Ind, Nov. ?, 1901.
 Dear Sir: For the second time requi- sitions have been sent to the Governor of this commonwealth, issued by your au- thority, asking for the extradition of William s. Taylor and Charles W. Fin ley, alleged fugitives from justice from the State of Kentucky and at this time residing in the State of Indiana. The in- dictment presented charges these men with being accessories before the fact to the willful murder of Wm. Goebel. respectfully decline to honor the requi- sitions.
 'The reasons given for a similar action on the part of my predecessor, the la mented ex-Governor Mount, shall obtain in a pertinent manner as a basis for this refusal. reinforced, as they are, by events that have occurred since that time which only tend to establish the conviction of those who believe in equal and exact jus eice under the law to all men, that the time has not yet arrived within the environment of this prosecution whereby an unprejudiced and non-partisan hear ing of trial could be had. I choose to make use of the right and the duty as the executive of the commonwealth to exercise discretionary power of refusal to the end that the purposes of pcrsecu- ton, which seem to be the conspicuous feature of this prosecution. may S not force these men before court partisan to the very extreme of vindictiveness and jury organized for conviction in its personnel and impanelment.
 Goebel's Death Crime.
 "The assassination of the late William Goebel was a monstrous crime deplored, as I believe, by every citizen of Indiana and of the republic. The spirit of assas- sination Is the twin of anarchy. If al- lowed to go unpunished there could be no more serious crime than that of citizen of state, or the official representative of the commonwealth in any capacity should be foully murdered as the result of conspiracy or as an individual act.
 "I have given careful and conscientious consideration to the evidence produced in the case already head of the person accused of complicity in the murder Of William Goebel so far as has been placed in my hands by the attorneys for the prosecution and I unhestiatingiy affirmed that conviction based upon such a mess of self-evident perjury reflects the poi soned passions of acourt and jury and strengthen the belief that there were those requisites honred l would be only aiding the determination of the prosecu tion to convict these men without any ref erence to the law, justice or fact.
 I cannot cause a man from whom the presumption of innocence should never be stripped. except by legal methods, to be subject to the rapine of political per secution. Kentucky Is a commonwealth revered for Its high sense of justice and honor; 1t has given to the jurisprud sace of the country some of the ablest law yers of the nation; it has honorable rep resentation on the supreme bench; it is the birthplace of Abraham Llncoln, the embodiment of justice who dedicated his life to securing the rights of all men under the law It Is a state wherein very generally justice has been sigually exemplified in the practice and purposes of coui>J and this honorable record only emphasizes in conspicuous comparison the odious acts which in the trial court of Judge Cantrill have been permitted in the name of law where the life anG Hb- erty of citizens are at stake
 Can FaIr Trial Be Had?
 Gan a fair trial be had for those under indictment? What was the object in ap- propriating $10O,00O for the conviction of the suspected murderers of William Goebel? Does not the evidence demon strate that a portion of this sum has been paid for perjury? In the recent trial of Caleb Powers why should Judicial pro- prieties have been outraged by the re- fusal of Judge Cantrll to give a change of venue from his hearing? Why should a jury of twelve partisans of the late MT. Goebel be selected to try the cause at bar?
 ''In striking contrast to the ultra par tisanship 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 l came before the federal court in Indian apolis shortly after the war. when party | spirit was at its zenith. The Democratic | treasurer of Jennings county was on trial. | General Harrison appeared for the prose- | cution and ex-Governor Hendricks for the | defense. The regular panel of jurymen | was in the box Judge Walter 0. Gresham | was on the bench MT. 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. | He made most earnest and eloquent | plea that justice. to his client and the | political character of the case demanded | that the jury should be evenly divided | between the two leading political parties | and no advantage be given over his client | by the insiduous influences of a prepon- | derating partisan bias in the jury. Judge | Gresham very promptly granted the re- | quest and new Jury was impaneled as | asked for by MT. Hendricks Compare | this act of justice, based on the proposi- | tion that no prejudice advantage should | enter into the jury box. with the record | of the court and jury in the oases that | have so far had hearing in the trials !