The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1903-09-02
The Court of Appeals Will Prob
ably Decide in April
II the Case Is Affirmed and There Are
No Delays Execution will Be
Next Spring.
WILL BE AT GEORGETOWN

The sentence OF death passed upon
Caleb Powers on his third trial at
Georgetown last Saturday has aroused
the greatest interest in the details con.
nected with the appeal and the proba-
BILE date of his execution, says the
Louisville Herald.
The law is that the sentence of death
must be executed not less than twent
days nor more than ninety days after
sentence. Judge Robbins set Novem.
Der 25 as the day for the execution,
just ninety days after the sentence.
He granted stay of exc cution for sixty
days to allow Mr.. Powers to file the
transcript of his appeal with the court
of appeals.
Under the law If the transcript is
not filed within sixty days the stay of
execution ends, and Mr. Powers would
be executed on November 25, unless
the court of appeals issues an order
suspending the execution until it has
decided the appeal.
1t is presumed that the appeal will
be filed promptly. In that case it will
be on or before October 80, sixty days
from the date Of sentence. Criminal
cases have precedence iu the court of
appeals. so that there is never much
delay in hearing appeals on them.
The Jett and White cases from Own.
thlana will come up before the Pow
ers case. but neither will delay the
other.
Taking the usual course it is proba.
BILE that the Powers case will be heari
in the month of November, and, al
il is an important case, the court VIII
deliberate carefully. The points have
twice been gone over. and there il
little new to be passed on. So that
unless there is unexpected delay the
court of appeals will decide the case
probably before Christmas. II the
court of appeals affirms the sentence
the clerk of that court certifies the
fact to the governor.
If Governor Bee khan should be re-
elected he will be called upon to issue
the death warrant and set the DAY on
which Powers shall be hanged. II
will be interesting in view Of the fact
that the crime for which Powers Is to
be executed made Mr.. Beckham gov
ernor of the state.
The governor can use his discretion
in setting the date Of execution just as
the court is permitted, and the death
warrant must fix the date not less than
twenty days nor more than ninety
days after notice of Judgment is re.
celved.
The governor must then send the
death warrant by special messenger to
the sheriff of Scott county, who il
charged with carrying out the death
sentence.
II the governor desires, for any rea
son, he can send the death warrant Il
the coroner or jailer of Scott county
for execution, The death penalty
must be executed by hanging in some
Enclosure and not more than fifty peo
pie are permitted to be present. Judge
Robbins, rs the pro siding Judge, has
the right to select ten of these, and
the sheriff forty. The statutes spe-
clally provide that no fee shall be
charged for any person witnessing the
execution.
II the court of appeals affirms the
case and no particular delays occur.
Caleb Powers will be executed some
time between January 1 and April 10.
The execution will occur at George
town, which will thus become the
scene Of the most remarkable tragedy
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