The Birmingham age-herald., 1903-08-30
POWERS MUST
 SUFFER DEATH Jury Says He is Guilty of Com-
 pIicity and Must Hang NEW TRIAL NOT ALLOWED 
Arthur Goebel, Brother of the Victim, Broke Down From the Long Strain on Hearing the
 Verdict of Guilty.

Georgetown, Ky, August iio eiAAA VI trial of ex-Secretary of State Caleb Pow CTS for eomplicity in the murder Of Gov ernor William Goebel in January, 1900. closed shortly before noon today, wlth the extreme penalty of hanging for the distinguished prisoner, who has been in the penitentiary for three years on life sentences.
 The verdict of the jury, guilty, and the punishment death," was reported into court at Il 20 o'clock today. Several hun dred people crowded the court room when the verdict was read and the most in tense silence prevailed. The jury was boiled and each man declared the verdict of guilty to be his finding.
 Powers sat unmoved while his attor- neys asked for time to make motion for a new trial. Arthur Goebel broke down from the strain on hearing of the verdict of guilty. The jurors decline to state what occurred in the jury room. George Wyatt was foreman.
 Arthur Goebel, the brother of the vic- tim, is a prominent merchant at Chem natl and has spent his time and fortune for over three years in the prosecution os those accused of being in conspiracy to kill his brother.
 Has Been Convicted Twice.
 Powers has been convicted twice be- fore this being the third trial in which the Jury brought in a verdict of guilty against him. On his previous trials he escaped with a sentence of life impris- onment, as the evidence was not suf- ficiently strong against him to lead the jury to inhict the extreme penalty.
 All three of the trials were held at Georgetown and in each of them he had the assistance of the most able lawyers who could be procured. Subscription lists were circulated in his interest by friends and sum of money was secured to des fray the cost of fnIs repeated trials and the investigation of the circumstances which preceded the killing of Governor Goebel, in the interest of the defense. The latest trial. was distinguished by the fact that Powers addressed the jury in own behalf, and in a long review of the case showed himself to be a very com petent attorney. while his eloquence in pleading for his life astounded those who had watched him carefully in the past trials of the case.
 Powers Says Nothing.
 Powers had nothing to say regarding the verdict except to express his surprise that such result could be reached from the evidence presented, and to announce that he would take an appeal and continue the case to the last resort When Powers se- cured his former new trials, a majority of those on the Appellate court were re- publicans, but it is now composed of dem- ocratic judges As Commonwealth Attor- ney Franklin shook hands with each juror 1t1s axIa watched the greetings closely, but at no time did he show any sign of breaking down. Powers is regarded as a strong man. He was elected secretary of state on the republican ticket, headed by W. s. Taylor for governor in 1S99 but served only a few months, as all the state of- ficers were contested by those on the democratic ticket headed by William Goebel. The former trials of Powers were before Judge James E. Cantrill of this city. but he was barred from sitting this time and Governor Beckham appointed Judge Robbins.
 Motion for New Trial Overruled.
 Special Judge Robbins this afternoon formally overruled a motion for the granting of a new trial of Caleb Powers. He then passed the sentence of death upon him, fixing November 25 next as the day set for the execution. The attorneys for the defendant will appeal the case to the Kentucky Court of Appeals, and If affirmed there, may try to get the United States Supreme court to take 1t under consideration.
 Powers was the coolest man in the court room when the sentence was pronounced. He was then removed to the Scott county jail to be held there pending the appeal of his case to the higher courts. A tele- gram from Indianapolis states that ex- Governor W. S. Taylor said:
 This verdict affects me very much. cannot say word.
 The prosecution claimed the shot which killed Goebel was fired from the window of Powers office. Powers himself was on a train en route to Louisville at the time.
 Powers never denied that he aided in organizing the mountain army which came to Frankfort He claimed. how ever, that the men. though armed, were merely exercising the right of petitioning the legislature, guaranteed to them in the bill of rights.
 Vote Not at First Unanimous.
 Lexington, Ky, August 29.-One of the