The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-29
ONCE MORE WITH A JURY
CASE OF CALEB POWERS HAD NOT
BEEN SETTLED LAST NIGHT.
Jurors Excused Until This Morning.
Close OF Powers's Argument and
Mr.. Franklin's Final Plea.

GEORGETOWN, KY, Aug 8-Caleb
Powers resumed argument in his own de-
tense before the jury at o. clock this morn
lnS He declared 10 the jury that the
star witness of the commonwealth, Whar-
ton Golden, was swearing to keep out of
the penitentary and that Henry Youtsey
was swearing to get out of that institution.
He denied that he ever had any conversa-
ton with Youtsey and pointed out that the
testimony shows that he had not known
Youtsey thirty days before the shooting. He
made strong point on the fact that the
testimony shows no personal communica-
ton with Youtsey by him until the day
before the shooting. AT one point in argu-
ment Powers declared that he was willing
to rest the question of his guilt or innocence
on the ground of the good or bad faith Of
his trip &c Louisville, on the morning OF day
OF killing, when, as the defense's testimony
shows, he was EN- route to Washington, KY,
TO get up crowd of petitioners to go TO
frankfort TO call on the General Assembly.
He demanded to know of the common
wealths attorney If he did not believe that
he (Powers) was in earnest about the trip
to Louisville, why he did not have all the
men who participated in that movement
with him also arrested and indicted He
declared that he would never follow the
course of Youtsey by feigning a fit i'm the
courtroom to avoid the just punishment
fixed by the law, but would fight to the last
inch in the courts to prove his innocence
Before noon the court extended
the time for Powers's argument one
hour hour and thirty minutes; Powers
closed his argument at 2:30 O'Clock.
this afternoon, one hour after the opening
or the afternoon session. The closing hour
don by Taylor to him, and TO his having
gathered together and taken the mountain
army on Jan. %. 1900, to Frankfort. He
declared that it was a peaceable body and
Powers closed with word picture of his
aged mother sitting in her mountain home
awaiting the verdict in this case and made
a strong plea for acquittal
Commemorative Attorney Franklin then
began the closing argument in the case on
behalf Of the State. He declared that Pow
ers had made the best speech his side
of the case, but that it was full of misrep-
reservations of the facts and the testi-
mony, and that Powers had repeatedly gone
outside the record in his argument. He
said that the reason he did not attempt &c
correct Powers on these errors was because
he wanted the defendant to say everything
TO the jury that he pleased, so that he might
have no cause to complain of the treatment
of him by the commonwealth in this mat
ter If / did raise an objection and this
man should be hanged, as L believe he will
be by this jury, should despise myself fol
that objection" exclaimed the States at.
| tOrney.
MIR. Franklin closed at $50 O'Clock an6
Judge Robbins gave the case to the jury
| with directions to retire and consider it fOl
an hour. The jury at 1926 O'Clock reported
that no agreement had been reached anC
was excused until Tomorrow morning.